[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[Issue]
[Pages 31961-32558]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 31961]]
VOLUME 155--PART 24
SENATE--Wednesday, December 16, 2009
The Senate met at 10 a.m. and was called to order by the Honorable
Tom Udall, a Senator from the State of New Mexico.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Our Father God, we thank You for this day, for eyes to see and for
hearts to feel the wonders of Your world. Today, fill our Senators with
a fresh faith and a triumphant confidence in Your final victory over
the hearts of humanity. May our lawmakers face these sometimes baffling
days with the glad assurance that no weapon that has been formed can
prevail against Your eternal purposes.
Lord, help them to relinquish any negative thoughts to You and
receive a fresh infusion of Your hope. Burn away the barriers to unity
so that Your will can be done on Earth even as it is done in Heaven.
We pray in Your sovereign Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Tom Udall led the Pledge of Allegiance, as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, December 16, 2009.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Tom Udall, a Senator from the State of New Mexico, to perform
the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. UDALL of New Mexico thereupon assumed the chair as Acting
President pro tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
SCHEDULE
Mr. REID. Mr. President, following leader remarks, the Senate will
resume consideration of the health care reform legislation. The first
hour will be equally divided and controlled between the two leaders or
their designees. The majority will control the first 30 minutes and the
Republicans will control the next 30 minutes. We expect a vote in
relation to the Hutchison motion to commit today, and the Sanders
amendment. It is my understanding Senator Sanders will offer his
amendment at around 11 o'clock today. They will both be pending.
Senators will be notified as to when any votes are scheduled.
____________________
HEALTH CARE REFORM
Mr. REID. Mr. President, we continue making progress toward making it
possible for every American to afford to live a healthy life. Senators
continue to work together toward that goal because even though we may
have differences of opinion on the details, we all share the strong
belief in the differences we can make for the American people as it
relates to their being healthy.
We all know our current system is beyond broken, and we know the
citizens of this country demand that we fix it. We know this because
they tell us--in letters, in phone calls, and visits we have at home,
and we have not been going home very much, but certainly when we are
able to get there. Those who oppose making health insurance more
affordable and making health insurance companies more accountable would
like you to believe that is not the case. But that is only propaganda
by the insurance industry.
They want you to think the American people are happy when these
greedy insurance companies deny health care to the sick and take away
their coverage at the exact moment they need it the most.
They would like you to believe the American people do not mind
hearing a multibillion-dollar company tell them: I am sorry you have
diabetes. I am sorry you have a heart condition. But, also, it hurts my
bottom line, so you are on your own.
These insurance companies and health care deliverers want you to
believe that women gladly pay more than they should for the screenings
they have to catch breast cancer, that men gladly pay more than they
should to have the test to catch prostate cancer, and that seniors
gladly pay much more than they should to get their prescription drugs.
Those who are trying to slow the Senate--and really the country--and
stop reform want you to believe the American people do not mind paying
hidden taxes to cover the uninsured, they do not mind the waste and
fraud rampant in the health care system, and they do not mind losing
their health insurance if they lose their job. But, simply, that is not
true. That is not the case.
The people we represent--whether it is New Mexico, Montana; we have
two from New Mexico, we have one from Michigan, one from Kentucky,
Oklahoma--it does not matter what State you represent; there are
stories.
Listen to what Mike Tracy, who lives in north Las Vegas, NV, said.
His 26-year-old son has been an insulin-dependent diabetic since he was
a baby. The insurance Mike's son gets through
[[Page 31962]]
work will not cover his treatments, and the Tracys cannot afford to buy
more coverage on their own.
But this family's troubles are about more than just money. Since they
could not afford to treat their son's diabetes, it developed into
something called Addison's disease--a disease that President Kennedy
had. If you have money, you can treat the disease. If you do not, it is
a very bad disease, likely could be fatal.
This is what Mike wrote me this past Friday.
I don't know what to pray for first: that I will die before
my son will so I don't have to bear the burden, or that I
outlive him so I can provide support to his family when he is
gone.
This should not be a choice for any American, and when given the
chance to help people such as Mike, our choice should be easy.
Here is another example: Ellen O'Rourke wrote to me last Tuesday
about her friends, the Hidalgos, who live in Incline Village, NV, a
town on the shores of Lake Tahoe. The Hidalgos' 2-year-old daughter
Lexie Mae has a cancer of the eye that could cost her vision or her
life.
Lexie Mae's parents do not have health insurance and are counting on
friends to help pay for their daughter's mounting medical bills. They
are also counting on us to lower the cost of health care so they can
afford their own. They work hard. They want health insurance. They
cannot get it.
Another letter I got last week was from Elizabeth Parsons. She
teaches music at an elementary school in Reno and volunteers after
school at a dance and drama theater in town. She is 60 years old and
wanted to retire at the end of this school year. But as she wrote me
last Thursday.
Unfortunately that plan has been postponed indefinitely for
one reason only:
``one reason''--
I can't afford to retire because of the skyrocketing
increases in [my] health insurance.
Ms. Parsons has done a lot for her community. Now her country's
leaders should do something for her: We should make sure her decision
about whether to retire doesn't hinge on how expensive it is to keep
her insurance.
A man named Walt Cousineau from Elko wrote me last Monday to tell me
about his wife. She had a heart attack three Decembers ago. Health
insurance companies are using that as an excuse to charge $2,000 a
month for coverage, $25,000 a year. They call it a preexisting
condition, a prior heart attack. She is not old enough yet for
Medicare, but Walt is. He is 68. He had to go back to work so she could
be put on his health insurance. Now Walt is asking us to go to work for
him and asking us to make sure no one's health history can make staying
healthy in the future more expensive.
Ken Hansen is from Mesquite, a town on the Arizona-Nevada border. He
has chronic health problems and parts of his feet have been amputated.
Ken can't go to a doctor because he makes too much to qualify for
Medicaid and too little to afford private insurance. I wish to share
with the Senate exactly what Ken wrote me:
I am very frustrated because my only hope is that I die
very soon because I can't afford to stay alive.
Those are his words--not my words--that his only hope is that he die.
How can we look the other way? How can we possibly do nothing? This
isn't about balance sheets or graphs or charts; it is not about
contracts or fine print; it is not about politics or partisanship. This
is about life and death in America.
Each story is more heartbreaking than the last. Each of these
Nevadans has more than enough on his or her mind. Yet each of these
citizens took time out of his or her day to beg their leaders to do
something.
Mike Tracy, the father of the young man with diabetes and Addison's
disease, ended his letter to me just a few days ago with this plea.
Here is what he said:
Democrats need health care. Republicans need health care.
Independents need health care. All Americans need health
care. Get it done.
We can't let them down. We just can't let them down.
Those trying to kill this reform have made it clear they will do
anything to stop us. They can recite recycled talking points until
their hearts' content, but that is it. But as long as Mike Tracy's son
might die from a disease we know how to treat, we can't let these
obstacles stand in our way. As long as Lexie Mae's parents have to
borrow from their friends to take their daughter to the doctor, we
can't take no for an answer. As long as Elizabeth Parsons can't afford
to retire, Walt Cousineau can't afford to stay retired, and Ken Hansen
says he can't afford to stay alive, we can't stop fighting for them.
____________________
ESTATE TAX REFORM
Mr. REID. Mr. President, on a final point, for some time now we
Democrats have been trying to reform the estate tax to avoid the train
wreck that is coming next month.
Because of the legislation passed by the Republicans in 2001, the
estate tax is repealed for 2010--gone, nothing. But because of the
gimmick they used to pass this legislation, the estate tax returns in
2011, and it does so at the levels that were in effect in 2001.
This chicanery has created a nightmare for families trying to plan
their affairs.
We have proposed a responsible path forward toward curing the estate
tax problem. We proposed to extend the current tax parameters so that
in 2010 couples would be able to pass down up to $7 million completely
tax free. An estate tax at that level exempts all but the wealthiest
two-tenths of 1 percent of estates from paying any estate tax.
The other side has rejected this reasonable approach. Instead, they
want to keep the Bush tax law in place for 2010 as originally designed.
The irony in the Republicans' position is, it hurts the very
families--small business men, women, and family farmers--whom they
claim they are trying to help.
The surprise facing family farms and family-owned small businesses in
2010 is that repeal of the estate tax will actually increase their tax
liabilities. These are families who would never pay the estate tax
because they don't have assets totaling more than $7 million for a
couple.
So why do they face a tax increase? It has to do with a provision in
the Tax Code called stepped-up basis. What does this mean? The assets
of family-owned businesses are often in the form of unrealized capital
gains, the appreciation of the family business over time. Right now,
until the end of this year, December 31, these capital gains are
forgiven when a person dies--no capital gains at death and for these
families with less than $7 million there is no estate tax under current
law. Therefore, for these families, death is not a taxable event.
The capital gains tax is forgiven because the heirs to the property
receive a step up in its basis for measuring tax liability when they
ultimately sell the property.
The law my Republican colleagues insist go into place next month
repeals stepped-up basis.
The bargain my Republican colleagues are advancing is simple. If you
are rich, celebrate. If you are not, you should be afraid. If you are
very wealthy, you get a huge windfall from repeal of the estate tax. If
you are modestly successful--say you have a shoe store, a service
station, a small farm, or whatever small business--but not to the point
where you are facing an estate tax liability, your heirs will,
nonetheless, face a tax increase because of the repeal of the estate
tax.
For the wealthiest families in this country, they say don't worry
about that. The estate tax is gone. For many more small businesses,
Republicans say that is too bad. All these years, as Republicans were
using family farms and small businesses as props in their zeal to
repeal the estate tax, their real goal was protecting the wealthiest of
the wealthy. The unfortunate aspect of that campaign is that repeal of
the estate tax, even for just 1 year, will come at the expense of
family-owned farms and small businesses.
We asked, last night, and it will be asked again by the chairman of
the Finance Committee, the senior Senator
[[Page 31963]]
from Montana, Mr. Baucus, to extend the estate taxes that now exist,
giving a couple an exemption of up to $7 million for 2 months while we
work things out on that and a number of other issues, but that has been
rejected by my friends on the other side of the aisle.
I repeat: If the estate tax lapses for a period at the beginning of
2010, this will be a boon for the wealthy, a huge drain on the U.S.
Treasury and, more importantly, let me also note that tens of thousands
of middle-class families could suffer. If the estate tax lapses, even
for a short period, these families will be subject to capital gains
when they sell their inherited or bequeathed property, a process that
will be enormously complicated for families who have no estate tax or
planning issues today. Although this could be retroactively eliminated,
in the meantime the uncertainty and planning around this would affect a
large number of families who ordinarily don't have to think about the
estate tax.
____________________
RECOGNITION OF THE MINORITY LEADER
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
____________________
ORDER OF BUSINESS
Mr. McCONNELL. Mr. President, I would ask my colleague, the majority
leader, was it his intention to propound a unanimous consent request on
this issue?
Mr. REID. I say to my friend, the chairman of the Finance Committee
will do that.
Mr. McCONNELL. All right. I will go ahead and make my opening
remarks. I don't know when the chairman of the Finance Committee wanted
to make this request. Did he want to make a speech in connection with
it as well?
The ACTING PRESIDENT pro tempore. The Senator from Montana.
Mr. BAUCUS. Mr. President, let me say to my friend from Kentucky, I
will not make a lengthy speech, but I am more than prepared to wait
until you give your comments, and when you conclude, I will make my
request.
Mr. McCONNELL. I would say to my friend from Montana, it would be
helpful if you could go ahead and do the unanimous consent agreement,
if you want to speak to the issue later.
Mr. BAUCUS. Well, other Senators wish to speak as well.
____________________
HEALTH CARE REFORM
Mr. McCONNELL. Mr. President, reclaiming my leader time, the longer
the debate over health care goes on, the clearer it becomes that the
problem the Democrats are having isn't with some of the provisions we
keep hearing about on the news; their problem is the fundamental
opposition of the American people to the core components of the bill--
the core of the bill.
Americans oppose the Democratic plan because they know the final
product is a colossal legislative mistake. Not only does this bill fail
to achieve its primary goal of lowering the cost of health care, it
makes matters worse by driving up premiums, raising taxes, and wrecking
Medicare for seniors.
The bill is fundamentally flawed, and the American people know it
can't be fixed. That is why they are asking us to stop and start over
with the kind of commonsense, step-by-step reforms that will address
the cost problems.
Fortunately, a growing number of Democrats are beginning to listen to
the voices of the American people. We have, just today, a Washington
Post poll indicating, once again, the polls are unanimous that the
American people are overwhelmingly opposed to this bill, and seniors in
particular, by a very wide margin, do not favor this bill.
So our friends on the other side of the aisle face a choice. They can
either side with those who are making a call to history or they can
side with their constituents who say a vote on this bill would be a
historic mistake.
That is what is unfolding behind the scenes: As a handful of
Democratic leaders press ahead in a blind rush of frantic dealmaking to
find 60 votes by Christmas, a handful of other Democrats are wondering
which side they want to be standing on when the dust settles--with
those who are pushing them to support a bill they don't like or with
the American people who are imploring them not to do it.
This is an important moment in the life of our Nation. This is one of
those moments when the free decisions of a handful of elected leaders
are the only difference between America going down one road or another.
History will be made either way. History will be made either way. But
in this case, as in many others from our history, Americans want
history to show that a determined few took their side and triumphed
over a powerful majority--a majority who clearly misread its mandate.
____________________
GUANTANAMO BAY
Mr. McCONNELL. Mr. President, early yesterday, the administration
announced what can only be viewed as the latest in a string of
seriously misguided decisions related to the closing of the secure
facility at Guantanamo Bay. It plans to move dozens of terrorist
detainees from Guantanamo Bay Cuba to a prison in northern Illinois.
The explanation we used to get for moving detainees onto American
soil was that Guantanamo's existence is a potent recruiting tool for
terrorists. But even if you grant that, it is hard to see how simply
changing Guantanamo's mailing address would eliminate the problem. Does
anyone believe Al-Jazeera will ignore the fact that enemy combatants
are being held on American soil? It is naive to think our European
critics, the American left, or al-Qaida will be pacified by creating an
internment camp in northern Illinois, a sort of ``Gitmo North'' instead
of ``Gitmo South.''
As I said, this is just the latest in a series of misguided
decisions. First, there was the decision to close Guantanamo by an
arbitrary date without a plan for doing so. Americans expect their
Government to protect them. That is why Americans overwhelmingly
rejected the idea of closing Guantanamo.
Then there was the decision to bring the self-avowed mastermind of
the 9/11 attack, Khalid Shaikh Mohammed, and his fellow 9/11 plotters
into New York City for trial. We learned just this week, the
administration plans to give other terrorists the benefits of a
civilian trial in the United States.
Now there is this: According to the reports we have seen, the
administration intends to bring as many as 100--100--foreign terrorist
fighters from Guantanamo Bay to America, a plan that would make our
Nation less safe, not more so. What is worse, the defenders of the
proposal don't even seem to get the implications.
Rather than even attempt to reassure people about safety, politicians
in Illinois are trumpeting this decision--get this now--as a jobs
program, a jobs program. That is how out of touch they are. Democratic
politicians are so eager to spin the failure of the $1 trillion
stimulus, they are now talking about national security in the language
of saved and created jobs.
The advocates of closing Guantanamo without a plan can't seem to make
up their minds as to why it is a good idea. First, we were told we had
to bring them here because Guantanamo is a dangerous symbol--the whole
symbolism over safety argument. Now, with unemployment in double
digits, it is being sold--incredibly--as a jobs project, some kind of
shovel-ready plan.
But leaving aside the absurdity of marketing this as a jobs program,
let's get to the core issue. The core issue is this: Moving some of the
worst terrorists on Earth to U.S. soil on its face is more dangerous
than leaving them where they are. Nobody could argue with that. Make no
mistake, this decision, if implemented, will increase the threat to
security at home. Let's count the ways in which it increases the
threats of security in the United States.
There will now be another terrorist target in the heartland of
America--an
[[Page 31964]]
obvious one at that, right near the Mississippi River.
The FBI Director has already stated his concerns about the
radicalization of other prisoners that could happen by moving
terrorists here.
There is also the danger of detainees communicating with terrorists
on the outside, as has happened in the past--a danger that would
undoubtedly increase with the additional legal rights detainees will
enjoy once they are moved into the United States.
Then there is the danger that the detainees could sue their way to
freedom--yes, that the detainees could sue their way to freedom. Before
the first detainee has even set foot in the United States, their
lawyers stand ready to challenge in court the administration's decision
to incarcerate detainees indefinitely in the United States. By
purposefully moving detainees here, the administration is making it
easier for detainees and their lawyers to succeed in doing so.
The Supreme Court has repeatedly held that foreign nationals have
more rights if they are present on U.S. soil than if they are not. We
have already seen the application of this principle. We have seen a
Federal judge order detainees released into the United States--only to
be reversed because the detainees at the time didn't enjoy the
advantage of being present in the United States--an advantage the Obama
administration intends to confer on them.
Then there is the case of the so-called shoe bomber, Richard Reid,
who narrowly failed in his effort to blow up a passenger jet in midair.
Americans might recall that Reid ended up in a supermax facility in
Colorado. They might not recall what happened next. Not satisfied with
his conditions of confinement, Reid sued the government. He said he
wanted to be placed in less restrictive conditions where he could watch
TV, order periodicals through the mail, and learn Arabic. He got his
wish. The Obama administration acceded to Reid's demands. He has been
placed in the general prison population, a less restrictive environment
where he can speak to the media and where his visitors and mail will no
longer be regularly monitored by the FBI. Is this how we should treat
people who attempt to blow up commercial airliners? We will no longer
have the FBI routinely monitor their mail? This is an outrage, an
absolute outrage. Unfortunately, it is not an isolated case.
Just a few years ago, this same supermax allowed terrorist inmates to
communicate with terrorist networks abroad. At the time, our Democratic
colleagues criticized these security lapses harshly. The senior Senator
from New York said Federal prison officials were ``incompetent when it
comes to detecting possible terrorist activity in Federal prisons.'' He
noted ``past evidence of terrorists communicating with live terror
cells from inside prison walls.'' That was the senior Senator from New
York.
Our Democratic colleagues now raise concerns about similar potential
lapses at the proposed ``Gitmo North.''
This decision is ill-advised on multiple levels. It is also
prohibited by law. Fortunately, if and when the Obama administration
submits its plan for closing Guantanamo, Congress will have an
opportunity to revisit the prohibition in current law that bars the
transfer into the United States of Guantanamo detainees for the
purposes of indefinite detention. That is against the law. At that
point, we will decide whether this prohibition ought to be removed and
whether millions of dollars ought to be appropriated to make this ill-
advised decision a reality.
In short, Congress will have a chance to vote on whether we should
treat the national security needs of the country as just another local
jobs project. I suspect the American people will be no more supportive
of this idea than they were of the administration's plan to close
Guantanamo by an arbitrary date. Security can't take a backseat to
symbolism, and it certainly should not take a backseat to some
parochial jobs program.
I yield the floor.
____________________
RESERVATION OF LEADER TIME
The PRESIDING OFFICER (Mr. Begich). Under the previous order,
leadership time is reserved.
____________________
SERVICE MEMBERS HOME OWNERSHIP TAX ACT OF 2009
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.R. 3590, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 3590) to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case
of members of the Armed Forces and certain other Federal
employees, and for other purposes.
Pending:
Reid amendment No. 2786, in the nature of a substitute.
Hutchison motion to commit the bill to the Committee on
Finance, with instructions.
The PRESIDING OFFICER. Under the previous order, the first hour will
be equally divided and controlled between the two leaders or their
designees, with the minority controlling the first half and the
majority controlling the second half.
The Senator from Montana is recognized.
Mr. BAUCUS. Under current law, the estate tax disappears next year--
in 16 days--but snaps back to a 55-percent rate the year after. I
believe that is not sound policy. The estate tax should not be zero in
1 year and then be snapped up to a very high rate in the subsequent
year. As the Chair knows, current law has the rate slowly declining and
the exemption slowly increasing. The individual exemption now is $3.5
million. If Congress takes no action, then beginning on January 1 of
next year, that could be zero. The estate tax could be zero.
But another consequence that will occur too is that all heirs of the
estate will find that the property they receive will be subject to a
carryover basis. Currently, today, property received by heirs is
subject to a step-up basis. They get the new basis and the value of the
estate as of the date of the decedent's death. If this law expires,
there would be no estate tax paid next year on any estate, but also the
heirs will no longer have a step-up basis on the assets they receive.
There are several problems with letting the current law expire next
year. One is the yo-yo effect. It is an outrage if Congress allows
estate taxes to change so much, particularly near the end, that is, a
lower rate this year with an expiration to a zero rate next year, and
also changing a step-up to a carryover basis, and the following year up
at a much higher rate.
The second problem, frankly, is I do think there should be an estate
tax on the highest value estates. I think that is good policy.
Third, people don't talk much about this, but I think we should focus
on it. If current law expires, every heir will be subject, as I said,
to a carryover basis in determining his or her taxes when that
taxpayer, the heir, at a later date sells the property and has to pay
capital gains. What are the problems with that? First of all, massive
record-keeping confusion--massive.
Soon, I am going to propose an extension in the current law. If that
is not passed and if we do not extend the estate tax law, all
taxpayers, all heirs, will be subject to massive confusion in trying to
determine the value of the underlying assets when they later try to
sell. The value of the step-up basis to the heir obviously is a lower
capital gains tax, but there is also certainty. People pretty much know
the value at the death of the decedent.
I cannot emphasize strongly enough how much confusion there will be
on January 1, if my consent is not agreed to. There will be such
confusion because of the heirs receiving property subject to a
carryover basis, not a step-up basis, let alone the capital gains tax
they will have to pay when they sell that capital asset at a subsequent
date. Currently, when the heir receives that capital asset, because it
is a step-up basis, there is much less capital gain paid, presumably,
by that heir who sells the asset.
Here it is mid-December. The only responsible thing to do to prevent
the yo-
[[Page 31965]]
yo effect--how in the world can people look at planning in their
estates if the law goes up and down and changes all the time? It has
kind of leveled off, as I said, at the 2009 rates and people have a
pretty good idea what those are. Some in this body would like to see
the rate go lower and exemptions go higher. Some in this body would
like to see other changes. We kind of leveled off at 2009 estate tax
laws, where the rates are set and the exemptions are set. Most people
in the country are anticipating Congress will eventually pass that.
It would be irresponsible to further the yo-yo effect by allowing
current law to expire and create all this massive confusion, this chaos
that will apply to heirs of the estates on January 1 because of this
change in capital assets from step-up to a carryover basis, among other
things.
Unanimous Consent Request--H.R. 4154
Mr. President, I ask unanimous consent that the Senate proceed to the
immediate consideration of H.R. 4154, which was just received from the
House and is at the desk; that the Baucus substitute be considered and
agreed to, the bill, as amended, be read the third time and passed, the
motion to reconsider be laid upon the table; that any statements
relating to the measure be printed in the Record without any further
action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. McCONNELL. Mr. President, reserving the right to object, there is
nothing more outrageous to the American people than the thought that
they will have to visit both the IRS and the undertaker on the same
day.
Surveys indicate that Americans, even after informed that estate tax
may not apply to them, object to it in principle.
I am going to ask that the chairman of the Finance Committee modify
his request in the following way:
That there be an amendment considered that reflects a permanent,
portable, and unified $5 million exemption that is indexed for
inflation, and a 35-percent top rate; and further, that the amendment
be agreed to, the bill then be read the third time and passed, with the
motion to reconsider laid upon the table.
Before the Chair rules, I want to acknowledge my good friend Senator
Kyl, the Republican whip, who has been our leader on this side of the
issue. He has crafted a proposal, along with the leader on this on the
other side, Senator Lincoln of Arkansas, that is consistent with the
consent agreement and with the modification I am now asking the
chairman of the Finance Committee to make. This approach would provide
certainty and clarity to all taxpayers, especially small businesses and
farmers; whereas the UC propounded by the chairman would only create
additional confusion, with three different rates coming into effect in
the course of a 12-month period.
Summing it up, I ask that my friend from Montana modify the agreement
in the way I described.
Mr. BAUCUS. Mr. President, I don't think this is the way to do
business here; that is, to enact estate tax law here on the floor of
the Senate without any notice, and also because there are so many
considerations Senators on both sides want to look at. It would be
improper. I object.
Mr. McCONNELL. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. BAUCUS. Mr. President, I yield 5 minutes to the Senator from New
Mexico.
The PRESIDING OFFICER. The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, let me speak in support of what Senator
Baucus, the Senator from Montana, attempted to do just now--to get a
short-term extension of current law with regard to the estate tax, so
we would have a $3.5 million exemption from the estate tax into next
year for a short period, while we actually settle on what type of
permanent change in estate tax law is appropriate.
As the Senator from Montana pointed out, the circumstance we find
ourselves in right now, given the current state of the law, is
untenable and irresponsible. What the current status is that if a
person dies in the next 16 days, if their estate exceeds $3.5 million,
they will be subject to an estate tax, and a couple whose estate--when
the second member of the estate dies and their estate would exceed $7
million, they would be subject to an estate tax.
After the next 16 days, beginning on January 1 of next year, we have
no estate tax under the law as it now exists. But at the end of next
year--or the beginning of 2011--the estate tax comes back at a 55-
percent rate.
That is not a reasonable set of circumstances for the American public
to have to face. Not only is it a 55-percent rate that comes back on
January 1, 2011, the exemption--the amount that is exempt from the
estate tax--is reduced to $1 million. That is, obviously, adverse to
many families in this country.
What has happened on the Senate floor is that the Senator from
Montana has said let's do a short-term extension of the current estate
tax provisions for a few months and get a resolution of what should be
done on a permanent basis. The Republican leader has said: No; here is
a permanent solution. Take this permanent solution or we object.
That is not a responsible way for this body to proceed, in my
opinion. I do think this issue that both Senator Reid and Senator
Baucus have spoken about of this problem with a stepped-up basis going
away for inherited assets is a very real problem. It is arcane, I
understand that. It sounds like accounting speak. But it is a very real
problem for American families when they inherit property in the future
to have to take the value for purposes of paying capital gains tax. If
that property is ever sold, they will have to go back and try to
determine what was the basis that their parent or the person from whom
they inherited the property had in that property. It is a bookkeeping
nightmare and will create great confusion for American families.
Clearly, the right course is for us to do a short-term extension of
the current estate tax provisions and then get agreement between the
two parties as to what a long-term solution could be in the next couple
of months.
That course, evidently, is being blocked. The request was made
yesterday, I understand, by Senator Pryor to have a short-term
extension. The Republican leaders objected to that request. The same
objection has been raised to the request by Senator Baucus today.
I do think this is an unfortunate circumstance. It is a great
disappointment to me to see us doing business in this fashion. I know
there are many who think there should be no estate tax. I do not agree
with that perspective. The estate tax in my State--I went back and got
the IRS figures. There were 80 individuals in the year 2008 who wound
up having to pay some estate tax, whose estates had to pay some estate
tax in the State of New Mexico. It does not apply to most individuals.
I do believe it is appropriate that there be an estate tax for large
estates. I do believe we should have a consistent policy, and it should
not be something that is here today, gone tomorrow, and back again in a
much worse form at the beginning of January 2011. That is the course we
are on today. I think it is very unfortunate.
Again, I strongly support what the Senator from Montana was trying to
accomplish with his unanimous consent request.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, I ask unanimous consent that Senator Kyl
be permitted to speak for up to 5 minutes and that following his
remarks, the hour of controlled time on the health care legislation
begin.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Arizona.
Mr. KYL. Mr. President, the argument that the chairman of the Finance
Committee made reminds me of a story told in law school of the fellow
accused of murdering his parents. He pled for mercy on the court since
he was an orphan.
[[Page 31966]]
I asked the chairman of the committee numerous times this year to
address this problem, and the response always was: We are too busy. We
are too busy with health care was the usual response. Now we find
ourselves at the end of the year, and it is odd that the chairman
argues that we have a big emergency on our hands and we have to act.
It is not as if we have not known this issue was out there. Nor, as
Senator Bingaman just suggested, has it been a big mystery that the
rate on the estate tax was going to go to zero next year. That is the
2001 law. We have known that for years.
Frankly, people have applauded the fact there is not going to be an
estate tax next year. The only problem is if the people on the other
side of the aisle intend to repeal that law so we do have an estate
tax. I know that is their intention. They are creating the confusion
because the law has been known about for 10 years that we are going to
have a zero rate. Now all of a sudden they say we cannot let that
happen. We are going to have to change it next year. Since we think we
may be able to do that, we should extend what we have right now and not
let the zero rate take hold.
I suspect the great dilemma that is being posed is one most folks
would love to have as a problem. The dilemma being proposed is that if
the rate goes to zero and the heirs of the property decide to sell the
property at some point, they will have to pay a capital gains tax. That
is just fine. That is what most people would like to do.
Since this income is taxed twice--it is taxed once when you make the
income, then it is taxed again if you have any of that left over when
you die--that is unfair. What we have always argued is that the estate
tax, therefore, should go away and just leave the existing Tax Code
where it is, which says: If somebody inherits property and later sells
that property, sure, they should pay a capital gains tax on it. I would
think most people would think that is a pretty good deal.
The capital gains tax is 15 percent; whereas the estate tax under the
proposals of my friend from Montana would go to 45 percent. As between
paying 45 percent and 15 percent, I think it is pretty clear what most
small business folks and farmers would like to do.
Of course, the original basis of the property is the basis for paying
the tax. Again, if you put that question to small business folks or
farmers, they would tell you they would rather pay the capital gains
tax than they would an estate tax of 45 percent.
Mr. President, I ask unanimous consent to have printed in the Record
at the conclusion of my remarks an editorial from the Wall Street
Journal from December 11 called, ``The Tax That Won't Die, Death Blow,
Night of the Living Death Tax, Estates of Pain.''
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. KYL. Mr. President, among the things pointed out in this
editorial, they say:
We've long argued that the economically optimal and fairest
death tax rate is zero. The tax is applied to income that was
already taxed when it was earned, so it is a double tax on
savings and capital. The correct way to tax a gain in the
value of assets bequeathed to an heir is with a capital gains
tax of 15 percent when the assets are sold, rather than at
the time of the funeral of the original owner.
I think that says it all. I hope the problem my friends are so
concerned about--first of all, they recognize a problem they themselves
manufactured by not getting around to doing anything about this until
the eleventh hour. Second, it is a problem that does not have to exist
if they will leave the existing law alone and let the rate go to zero,
which is what everybody wants it to be.
Sure enough, if your heirs sell property after that, they will have
to pay capital gains. Ask them what they would rather do--pay a 15-
percent rate or a 45-percent rate. I think the answer to that is pretty
clear.
Exhibit 1
[From the Wall Street Journal, Dec. 11, 2009]
The Tax That Won't Die
Well, the moment of truth has arrived, and House Democrats
recently voted 234-199 to cancel the 2010 repeal and hold the
rate permanently at 45% with a $3.5 million exemption. Senate
Majority Leader Harry Reid now wants to do the same. But to
suspend the Senate's health-care debate and turn to the
estate tax, he needs 60 votes. All Republicans and some
Democrats are saying no. Blanche Lincoln of Arkansas and Jon
Kyl of Arizona will accept no more than a 35% permanent rate
with a $5 million exemption.
We've long argued that the economically optimal and fairest
death tax rate is zero. The tax is applied to income that was
already taxed when it was earned, so it is a double tax on
savings and capital. The correct way to tax a gain in the
value of assets bequeathed to an heir is with a capital gains
tax of 15% when the assets are sold, rather than at the time
of the funeral of the original owner.
Study after study, including one co-authored years ago by
White House economist Larry Summers, finds that a powerful
motivation for entrepreneurs to grow their businesses is to
pass that legacy to their children. The left disparages this
as building ``family dynasties,'' but most Americans think
that it is immoral for the government to confiscate the
fruits of a life's effort merely because of the fact of
death.
Democrats also say their rate would apply only to the
richest 2% of estates. But a new study by economists Antony
Davies and Pavel Yakovel of Duquesne University finds that
the estate tax ``impacts small firms disproportionately
versus large firms'' by encouraging well-capitalized
companies to gobble up smaller ones at the owner's death. The
study shows the result is to ``promote the concentration of
wealth by preventing small businesses from being passed on to
heirs.''
Republicans and willing Democrats shouldn't give up on
eliminating the death tax. The Kyl-Lincoln amendment to
create a permanent 35% rate is far better than the
confiscatory House bill. But the best strategic outcome now
is to let the death tax expire in January as scheduled under
current law, and return to this debate next year when the tax
rate is zero. Then let liberal Democrats explain to voters on
the eve of elections that they must restore one of the most
despised of all taxes.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, clearly, the right public policy is to
achieve continuity with respect to the estate tax. If we do not get the
estate tax extended, even for a very short period of time, say, 3
months, we would clearly work to do this retroactively so when the law
is changed, however it is changed, or if it is extended next year, it
will have retroactive application.
The uncertainty for tens of thousands of middle-class families needs
to stop. That is why retroactive application of anything that passes
next year makes sense.
Right now, 99.7 percent of estates do not have to worry about the
estate tax. If we do not extend current law, many heirs are going to
have to worry about capital gains. There is the potential for high-
income households to take advantage of the temporary reductions in the
rates for gift taxes and temporary elimination of GST to do massive
estate planning--potentially benefiting those households by billions of
dollars at the expense of U.S. taxpayers. Beyond this, what Congress is
doing is a huge benefit for lawyers and accountants who do all the
estate planning.
The right thing to do is to extend current law for a brief period of
time to get our act together to decide what estate laws should be. That
is the right thing to do. I am very disappointed that the other side of
the aisle does not let us do the right thing--at least extend current
law for a while until we know what the estate tax law should be.
Mr. COBURN addressed the Chair.
The PRESIDING OFFICER. The Senator from Montana has the floor.
Mr. BAUCUS. Mr. President, for the benefit of Senators, we are now
back on the health care bill. Let me lay out today's program.
It has been nearly 4 weeks since the majority leader moved to proceed
to the health care reform bill. This is the 16th day that the Senate
has considered the bill.
The Senate has considered 23 amendments or motions and conducted 18
rollcall votes.
Today the Senate will debate the motion to commit regarding taxes
offered last night by the Senator from Texas, Mrs. Hutchison. Under the
previous order, later this morning, we expect
[[Page 31967]]
that the Senator from Vermont, Mr. Sanders, will offer his amendment
No. 2837 on a national single-payer system.
This morning, the first hour of debate will be equally divided and
controlled between the two leaders or their designees. The majority
will control the first half hour and the Republicans will control the
second half hour.
We expect the Senate to conduct votes today in relation to the
Hutchison motion and the Sanders amendment.
Also, today, the House of Representatives is scheduled to act on the
Department of Defense Appropriations Act which also contains a number
of vital year-end measures. We look forward to receiving that measure
in the Senate as well.
I yield 10 minutes to the Senator from Ohio and then 15 minutes to
the Senator from Delaware.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. BROWN. Mr. President, I thank Senator Baucus for yielding, and I
thank Senator Kaufman also for him yielding.
Less than 5 percent of cancer patients enroll in clinical trials.
Only 6 percent of people who suffer from severe chronic illnesses
participate. These low participation rates mean it is harder to conduct
a timely trial. In fact, delays in patient recruitment for clinical
trials account for an average of almost 5 months lost per trial. Nearly
80 percent of trials run over schedule by more than a month. Only 6
percent are completed on time.
Clinical trial delays lead to treatment development delays, whether
it is the next breakthrough drug or some other lifesaving therapy.
Without clinical trials, medical innovation would come to a halt.
Unfortunately, one major reason more patients do not enroll in
clinical trials is that their insurance company coverage discourages
it.
Insurers today take advantage of lax regulations that allow them to
deem all care for a person in a clinical trial as ``experimental''--
even routine services they would get if they were not in the trial,
such as x rays, blood tests, and doctor visits.
This draconian policy predictably scares many patients away from
potentially lifesaving trials. Patients simply cannot afford to pay out
of pocket for all of their own care. Understand, they do not expect the
insurance company to pay for the trial itself. No one is suggesting
that. No one thinks that. But insurers should not be allowed to use a
patient's participation in a clinical trial as an excuse to deny them
coverage for standard care.
To address this problem, Senator Hutchison of Texas and I have filed
amendment No. 2871. This amendment would require all insurance
companies to simply live up to the promises they have made to their
premium-paying policyholders. It means covering the cost of routine
care for clinical trial participants.
More than 30 States have already enacted a similar clinical trials
policy for their State-regulated insurance plans. Medicare has already
enacted a similar clinical trials policy for its beneficiaries. The VA
and DOD have already enacted similar clinical trials policies for their
members. Even some insurance companies are already doing the right
thing in covering the routine costs associated with clinical trials.
But because many are not and because there is no standard criterion
by which appeals can be adjudicated, countless patients who would
otherwise enroll in clinical trials do not.
Take, for example, Sheryl Freeman from Dayton, OH. Sheryl and her
husband Craig visited my office in Washington in 2007. Sheryl was a
retired teacher suffering from multiple myeloma. Thankfully, she had
health insurance through her husband's employer. Yet when Sheryl tried
to enroll in a promising clinical trial at James Cancer Hospital at
Ohio State, her insurance company balked, refusing to cover the routine
care costs.
Understand this: She had insurance, she had good insurance--she
thought she had good insurance. She enrolled in a clinical trial paid
for by the people doing the clinical trials--the hospital, the drug
company, whomever. But the insurance company pulled back and said: We
are not going to cover routine care for her anymore since she is in a
clinical trial, something she was entitled to with or without the
clinical trial. Regardless of whether or not Sheryl enrolled in a
clinical trial, she still needed to visit her oncologist in Dayton once
a week for standard cancer monitoring, including scans and blood tests.
But her insurance company would stop covering these services if she
enrolled in the clinical trial.
Sheryl wanted to enroll in a clinical trial because she hoped it
would save her life. She hoped it would give her more time with her
loved ones. She hoped it would help future patients diagnosed with the
same type of cancer, but she was not willing to force her family into
bankruptcy. So instead of devoting her energy toward combating cancer,
Sheryl spent the last months of her life haggling with the insurance
company. By the time her insurance company relented, it was too late.
Sheryl died December 7, 2007.
Sheryl's husband Craig, with whom I have spoken a couple of times and
met with, wrote the following about the ordeal:
No patient should have to fight insurance when battling a
disease such as cancer.
How many times have we heard that in this Chamber? Tragically,
Sheryl's experience is not an isolated case.
In Ohio--my State--one cancer hospital has reported that over one-
third of patients who tried to enroll in a clinical trial over a 6-
month period were automatically denied access by their insurance
company. Again, I understand how that happens. You have decent
insurance, you think. Then you decide to enroll in a clinical trial
that your doctor suggests. The insurance company then quits covering
you for the things it used to cover you for--the routine care you need
as a patient.
Take Gene Bayman. I met and talked to Gene--a courageous man who
loved his family. His family was so fond of him, as you could see, when
I saw him in Columbus with his family. He was diagnosed in February
2007 with multiple myeloma. Gene's doctor recommended a combination of
standard treatment and clinical drugs, but Gene's insurance company
threatened to stop paying for the routine care otherwise covered under
the policy if he enrolled in the clinical trial.
If that is not rationing, Mr. President, I don't know what is.
Gene died in June of this year, never having the chance to
participate in the cutting-edge research that might have saved his
life. Gene wrote, before he died:
I don't want my health options limited by insurance
companies concerned with the bottom line rather than the
medical research my doctor prescribes.
Mark Runion, also from Ohio, faced the same barrier. Mark was being
treated for multiple myeloma with standard care--a stem cell transplant
and chemotherapy. His doctor recommended he enroll in a clinical trial
to try out a new drug that might help him recover quickly. The
insurance company refused to comply, telling Mark if he were to enroll
in the clinical trial they wouldn't pay for any of his cancer care.
Another terrible lost opportunity. The clinical trial would have helped
us learn more about which drugs we should administer to patients after
stem cell transplants. In other words, while this most directly, most
tragically, most painfully affected Mark Runion and his family, it also
affects all of us who have loved ones or who might ourselves come down
with this disease. The clinical trial that Mark wanted to enroll in
would have given him an opportunity and would have given all of us more
scientific knowledge and information that would have been helpful.
Instead, the insurance company took a shortsighted view and denied
Mark the recommended care. Mark writes:
I personally would rather make my medical decisions with my
doctor--the expert in my care--rather than my insurer.
These stories should have ended differently. Sheryl, Gene, and Mark
all paid premiums to health insurance for years. But when they got sick
and were
[[Page 31968]]
referred to a clinical trial, the insurance company refused to pay for
the benefits guaranteed under its policy.
Health insurance reform should be about making sure insurance
companies can't renege on their commitments. It is about ensuring that
insurance companies can't write sham policies that allow for
rescissions and riders and exceptions and bring about more horror
stories than we all care to recount. It is about closing loopholes that
health insurance companies are great at taking advantage of, and as
some say, staying one step ahead of the sheriff.
This amendment is consistent with those goals. It would help advance
important research in the most serious diseases. This is a public
health issue for all of us.
In closing, if we are ever going to find a cure for cancer and
diabetes and cardiovascular disease and Alzheimer's and ALS and the
hundreds of other diseases killing millions of Americans each year, we
need to encourage in every way possible participation in clinical
trials and not put up barriers against participation.
This amendment is endorsed by the Lance Armstrong Foundation, the
American Academy of Pediatrics, the Susan G. Komen for the Cure
Advocacy Alliance, the American Cancer Society, the Alzheimer's
Foundation of American, and dozens of other national organizations.
Along with Senator Hutchison, this bipartisan amendment is also
sponsored by Senators Franken, Whitehouse, Sanders, Specter, and
Cardin. Please join us in supporting amendment No. 2871.
I yield the floor.
The PRESIDING OFFICER (Mr. Kirk). The Senator from Delaware is
recognized.
Mr. KAUFMAN. Mr. President, I ask unanimous consent to speak as in
morning business for up to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Financial Markets and Job Loss
Mr. KAUFMAN. Mr. President, my colleagues have heard me speak in
recent weeks about the troubling trends in our financial markets--the
growing use of dark pools and high-frequency trading, increasing market
fragmentation and looming regulatory gaps at the Securities and
Exchange Commission. Today, I want to talk about an economic threat
that encompasses these developments and why I think they are negatively
affecting the long-term health of our economy.
After suffering through the most severe recession in decades, we are
now in the midst of the most fragile of recoveries. It is evident to
all that we are in a jobs crisis. We need a laser-like focus on
innovation policies that encourage industry to create jobs. But this
challenge comes not just from the financial crisis and the recession
that followed, the American economy has slowed in its efforts to create
jobs for the past decade.
According to the Bureau of Labor Statistics, the United States had
108.5 million private, nongovernmental jobs as of September of this
year. But while our population has grown 9 percent in the last 9 years,
the number of jobs now available is essentially the same as June of
1999.
Let me repeat that: The number of jobs now available is essentially
the same as June of 1999--over 10 years ago.
Many of the jobs this economy did create in the past decade were in
the financial, housing, and consumer-led retail sectors. Two of those--
financial and housing--were bubbles that have now burst. Without these
sectors playing a key role in providing new jobs, many Americans are
asking: Where will the future job creation most likely occur?
In the past, job creation would often come from the raft of small,
newly financed, often innovative companies that raised their capital
with the help of Wall Street underwriters. Thousands of times I have
heard in the last months that the recovery is going to come because of
small businesses, and many of those raise their capital with the help
of Wall Street underwriters.
Now I am deeply concerned there is a choke point in our efforts to
return to economic vibrancy, a choke point that can be found on Wall
Street. Our capital markets, which have long been the envy of the
world, are no longer performing one of their most essential functions;
that is, the constant and reliable channeling of capital through the
public sale of company stock, known as initial public offerings--or
IPOs--which small companies use to innovate and, most importantly, to
create jobs.
Look at this chart. There is an IPO crisis in this country. Indeed,
according to a report released last month by the accounting firm Grant
Thornton, the IPO market in the United States has practically
disappeared. That, in turn, according to a second Grant Thornton study,
has had a ripple effect on the U.S. stock markets, with the number of
stock listings since 1991 dropping 22 percent in absolute terms and 53
percent when factoring in inflation-adjusted GDP growth.
New companies have been shed from the NASDAQ, New York, and American
Stock Exchanges faster than being created, from almost 7,000 publicly
listed companies in 1991 and nearly 8,900 in 1997, during the dot-com
bubble, to 5,400 listed in 2008, a turn of events Grant Thornton has
dubbed the ``Great Depression of Listings.''
The United States is practically the only market in the world where
this phenomenon is occurring. The major stock exchanges--as you can see
from this chart--in Hong Kong, London, Milan, Tokyo, Toronto, Sydney,
and Frankfurt, have all grown from their 1997 levels, Grant Thornton
reports. Just look at this chart. This is what is going to take us out
of the recession. Look at where we are--the United States--in relation
to Hong Kong, Tokyo, Australia, and the other markets.
The effects of the IPO crisis have rippled throughout the U.S.
economy. Because 92 percent of job growth occurs after a company goes
public, job creation may have been stunted by these developments. In
fact, according to the Grant Thornton study, if the IPO market was
working properly today, we would have as many as 10 million to 20
million additional high-quality jobs for middle-class Americans. Even
if that estimate is off by a factor of 10, this failure of Wall Street
to provide capital to small companies may be costing our economy
millions of jobs.
Mr. President, most every large company begins as a small company.
That is axiomatic. The IPO market has been hit hardest at the smallest
end of the market. The medium IPO in the first 6 months of 2009 was
$135 million. Let me say that again--$135 million. Twenty years ago,
IPOs at $10 million were routine, and routinely succeeded.
Take a look at this chart and look at these companies. Venture
capitalists play a critical role in long-term investment, in growing
our economy and creating jobs. Indeed, when you look at these 17
venture-backed companies that raised a total of $367 million in capital
and today provide 470,000 U.S. jobs, they are among our economy's
biggest success stories.
Look at this list. Think of where we would be today if these
companies were not able to get IPS: Adobe, Computer Associates, Intel,
Oracle, Yahoo. These are all the companies where growth came from.
Right now, in our present market, they cannot go public the way they
went public originally.
What has happened? A host of well-intentioned changes--some
technological, some regulatory--with many unintended consequences have
created this situation. Online brokerage firms, with their $25 trades,
first appeared in 1996, hastening the decline of traditional full-
service brokerage firms who charge $250 a trade. There was an advantage
to those hefty fees, however. They helped maintain an underwriting
apparatus that encouraged small businesses to go public and supported a
substantial research base that attracted both institutional and retail
clients.
The rich ecosystem of investment firms, including the Four Horsemen--
Robertson Stephens, Alex Brown & Sons, Hambrecht & Quist, and
Montgomery Securities--that helped their institutional buy-side clients
take part in IPOs and marketed follow-on offerings, no longer exists
today.
[[Page 31969]]
Structural changes in the U.S. capital markets dealt the final coup
de grace. There were new order handling rules--decimalization, which
shrank spreads significantly and made it increasingly difficult for
traditional retail brokers to remain profitable; Regulation ATS and
NMS, which vastly expanded the electronic marketplace.
Finally, there has been an explosive growth in high-frequency
trading, which takes advantage of the market's now highly automated
format to send more than 1,000 trades a second ricocheting from
computer to computer.
The result, as The Economist magazine wrote last week, is that high-
frequency traders who have come to dominate stock markets within their
computer-driven strategies pay less attention to small firms,
preferring to jump in and out of larger, more liquid shares.
The economist quoted:
Institutional investors wary of being stuck in an illiquid
of the market are increasingly following them.
This is a situation that stands as a veritable wall against a
sustained economic recovery.
One of the very vital tasks before Congress is to help unemployed
Americans by crafting innovation policies that will rebuild our
economy, catalyze growth, and create high-quality jobs for struggling
Americans. That is our No. 1 job in the Congress right now. I think if
you asked every 1 of the 100 Senators, they would say that is the case.
We must identify the causes of last year's debacle and apply them to
our current economic challenges in order to help the millions of
struggling Americans and to avert a future disaster. The fact that Wall
Street has resumed its risky and--as we know all too well--potentially
disastrous behavior is simply inexcusable.
In order to reverse this ominous trend and help companies raise
capital to innovate, create jobs, and grow, we must restore the
financial sector's historical role as a facilitator of long-term growth
and not the source of one bubble after another.
The question, finally, is this: How can we create a market structure
that works for a $25 million initial public offering, both in the
offering and the secondary aftermarket? If we can answer that question,
this country will be back in business.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. KAUFMAN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KAUFMAN. Mr. President, I ask to speak as in morning business for
up to 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
In Praise of William Phillips
Mr. KAUFMAN. I rise once again to recognize one of America's great
federal employees.
Last week, in Stockholm and Oslo, the 2009 Nobel laureates accepted
their prizes. I am particularly proud that 11 of this year's 13 prizes
were won by Americans. This is a reminder of our Nation's global
leadership in science, medicine, economics, and peacemaking.
My honoree today holds the distinction of having been the first
Federal employee to win a Nobel Prize in physics for work performed
while serving the public.
Our Federal workforce is composed of citizens who are both highly
educated and incredibly motivated.
Dr. William Phillips is the perfect example. A native Pennsylvanian,
William learned the importance of public service and hard work from a
young age. His mother, an immigrant from Italy, and his father, a
descendent of American revolutionaries, were the first in their
families to attend college. They both pursued careers as social workers
in Pennsylvania's coal-mining region. William, along with his brother
and sister, grew up in a home where reading and education were
emphasized.
As a boy, William fell in love with science, and he tinkered with
model rockets and chemical compounds in the basement of his family's
home. While attending Juniata College in the 1960s, William delved into
physics research. He spent a semester at Argonne National Laboratory
and, after graduation, pursued his doctorate at M.I.T.
During his time at M.I.T., the field of laser-cooling was just
heating up, and William wrote his thesis on the collisions of atoms
using this new technology.
In 1978, William began working at what is today the National
Institute for Standards and Technology--or ``NIST''--at the Department
of Commerce. At NIST, he pursued further research into laser-cooling,
and his discoveries have helped open up a new field of atomic research
and expand our knowledge of physics. His findings have found important
application in precision time-keeping, which is important for both
private industry and for national security.
In 1997, William received the Nobel Prize for Physics along with two
other scientists. One of his fellow-laureates that year was Dr. Steven
Chu, who now serves as Secretary of Energy.
After winning his Nobel Prize, William made a commitment to using his
fame to promote both science education and public service. He regularly
speaks to student groups, and he serves as a mentor to graduate
students in his field.
William won the prestigious Arthur S. Flemming Award for Public
Service in 1987, and he was honored by the Partnership for Public
Service with its 2006 Service to America Medal for Career Achievement.
He and his wife, Jane, live in Gaithersburg, MD, and are active in
their community and church. Today, after a 3-decade Federal career,
William continues to work at NIST as the leader of its Laser-Cooling
and Trapping Group.
I hope my colleagues will join me in honoring Dr. William Phillips
and all those who work at the National Institute of Standards and
Technology for their dedicated service and important contribution to
our national life. They keep us at the forefront of science and human
discovery. They do us all proud.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCAIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. Mr. President, before my colleagues begin, I think it is
important for us to point out where we are here on December 16, 2009.
We are now almost a year into the discussion and debate about
``reforming health care in America'' and we still do not know what is
in the bill. We still do not know the specifics of what we are
considering here.
I have had the honor of serving here for a long period of time, but I
have never seen a process like this. I have never seen a situation
where a major piece of legislation is not before the body and is
somehow being negotiated and renegotiated amongst the other side.
Meanwhile, according to the Washington Post this morning, a newspaper I
always have the utmost trust and confidence in--I wish to say the title
is ``Public cooling to health-care reform as debate drags on, poll
finds.''
As the Senate struggles to meet a self-imposed, year-end
deadline to complete work on legislation to overhaul the
nation's health-care system, a new Washington Post-ABC News
poll finds the public generally fearful that a revamped
system would bring higher costs while worsening the quality
of their care.
A remarkable commentary about where we are in this legislation. One
of the interesting things is this poll goes back to April, where in
April, 57 percent of the American people approved and 29 disapproved of
the President's handling of health care. Today it is 53 disapprove and
44 approve, which means the American people, the more they find out
about this, the less they like it and the more concerned they are.
According to this poll again:
Medicare is the Government health insurance program for
people 65 and older. Do you
[[Page 31970]]
think health-care reform would strengthen the Medicare
program, weaken Medicare or have no effect on it?
American people have figured it out. Amongst seniors, those who are
in Medicare, 12 percent say it would strengthen, 22 percent no effect,
and 57 percent of seniors in America believe--and they are correct--
that this proposal would weaken Medicare, the benefit they paid into
and that they have earned.
Let me say it again: I plead with my colleagues on the other side of
the aisle and the majority leader. Let's stop this. The American people
do not approve of it. Let's sit down and work together; let's have real
negotiations; let's even have the C-SPAN cameras in, as the President
promised October a year ago. This present legislation spends too much,
taxes too much, and reduces benefits for American citizens as far as
overall health care is concerned, including Medicare, as the American
people have figured out.
I welcome my colleagues here. I see Dr. Coburn is here. Let me
restate: It is time to say stop. It is time to start listening to the
American people. It is time to start being straightforward with the
American people because the American people need to know what we are
doing and they do not. The distinguished Senator from Illinois, last
Friday when I asked him what is in the bill, said none of us know what
is in the bill.
I ask my friend from Oklahoma, isn't what is happening--we have a
proposal, we send it to CBO, CBO sends back numbers they do not like so
they try to fix it, send it back to CBO, they send it back again. That
is why only one Senator, the majority leader, knows what is going on.
Mrs. HUTCHISON. Mr. President, parliamentary inquiry.
Mr. McCAIN. What is the parliamentary situation, I ask the President?
Mrs. HUTCHISON. Mr. President, I was under the impression there would
be a 30-minute allocation for colloquy for our side. I am not sure when
we start that process.
The PRESIDING OFFICER. The Republican side has 25 minutes 15 seconds.
Mrs. HUTCHISON. How many?
The PRESIDING OFFICER. There is 25 minutes 15 seconds.
Mr. McCAIN. Mr. President, I thank the Chair. I think I have made my
point here. I wish to yield. I ask unanimous consent to have a colloquy
with the Senator from South Dakota, the Senator from Texas, the Senator
from Oklahoma, and the Senator from Wyoming.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COBURN. If I might respond to the question of the Senator, one of
the things our President has promised is transparency. We are going to
see at sometime in the next week or 10 days another bill--whatever the
deal is. It would seem to me that 72 hours with a complete CBO score,
much like was asked by 12 Members on their side, before we have to take
up or make any maneuvers on that, would be something everybody could
agree to since nobody knows, except Harry Reid and the CBO, what is in
this bill now. At a later time, after we finish this colloquy, I will
be making that unanimous consent request.
Mrs. HUTCHISON. I thank the Senator from Oklahoma. I think it is very
important that before we start talking about passing a bill or having a
cloture on a bill--I think the Senator from Oklahoma is making the main
point. I think the Senator from Oklahoma was making a very good point
that I was hoping to work with him on and that is: Where are we now?
The Republicans have put forward reform alternatives for our health
care system that are not a government takeover and are not going to be
$\1/2\ trillion in taxes and are not going to be $\1/2\ trillion in
Medicare cuts.
The Republican proposals would do what health care reform should do--
they would lower cost. They would increase risk pools so that small
business would be able to offer health care coverage for their
employees. They would have medical malpractice reform so we would be
able to lower the cost of frivolous lawsuits, cutting over $50 billion
out of the costs of health care, making it more accessible for more
people. They would give tax credits for individuals who would buy their
own health care coverage to offset that cost.
None of that would be a big government takeover of health care. That
is what we have been trying to put forward here. But we have not had a
seat at the table. We have not had the capability to say what our
proposals would be because we have not even seen the proposed new bill
yet. We have been talking about the tax increases that are going to
burden small business at a very hard time for this country's economy
and we have also been talking about $\1/2\ trillion in Medicare cuts,
which I think has caused many senior citizens to say: Wait a minute, I
don't want my Medicare options cut. I don't want Medicare Advantage to
be virtually taken away.
That is why we are here today, because the pending business before
the Senate is the Hutchison-Thune motion to recommit this bill to do a
simple thing. It is to say that you will not start collecting the taxes
until the program is in place. It is very simple. It is the American
sense of fair play, and that is that you do not start collecting taxes
before you have a program that you might want to buy into. That is what
the Hutchison-Thune motion to recommit does. It is very simple. It is a
matter of fair play. I even question whether we have the right to pass
taxes for 4 years before you would ever see a program put in place.
We are going to try to do what is right by this body. That is to say,
the $100 billion in new taxes that will start next month--3 weeks from
now--will not start until there is a program put in place. Because
right now $100 billion in new taxes starts next month but there is no
program that anyone can sign up for that will supposedly make it easier
to get health care coverage in this country until 2014, 4 years away.
I ask my colleague, the distinguished ranking member of the Finance
Committee, if he believes all these new taxes would be fair to start
before we could ever see a program--not 1 year from now, not 2, not 3
but 4 years from now. I ask the distinguished ranking member of the
Finance Committee if he believes it would be fair for us to start the
taxes in 3 weeks and then not start the program for 4 years. Does that
seem like a fair concept?
The PRESIDING OFFICER (Mr. Casey). The Senator from Iowa.
Mr. GRASSLEY. Mr. President, the Senator is absolutely right. Let me
emphasize it this way. I was on a radio program in Iowa yesterday,
where a lady called me, and I had been saying, as the Senator has just
said, that you have to wait until 2014 for this program to go into
effect. She said: You are telling me you are going to pass this bill
right now, but we have to wait until 2014 until we get any benefit from
it? She didn't talk about the taxes, as the Senator is, but the taxes
go into effect. Another smokescreen is, you have 10 years of tax
increases, fee increases, and the program is 6 years long, but the
taxes are 10 years long. So it is nice for the CBO to say: Yes, this is
balanced and maybe even has a surplus in it. But over the long term,
this program does not cost just $848 billion. I hope I answered your
question.
Mrs. HUTCHISON. You did. It is interesting because you say maybe it
is going to be break even. How is it going to break even? I ask my
colleague from South Dakota, who is a cosponsor of this motion: How is
it going to break even? With $\1/2\ trillion in Medicare cuts, $\1/2\
trillion in tax increases, is that the way we ought to be saying to the
American people we will reform health care? Have we lost the purpose of
the bill, to make health care more affordable and accessible to the
American people? I ask my colleague, the Senator from South Dakota, who
has worked on this issue for a long time, is that the concept of break
even?
Mr. THUNE. The Senator from Texas has touched on a very important
issue. The motion she offers, and which I cosponsor, does lay out what
is a simple principle of fairness that most Americans understand. When
you implement public policy, if you are going to raise taxes, you ought
to align the tax increases and the benefits so they start
[[Page 31971]]
at essentially the same time. What this bill does is it starts
collecting taxes, increases taxes on Americans 4 years before the major
benefit provisions kick in. On January 1 of 2014, 99 percent of the
spending under the bill kicks in. But the tax increases begin less than
3 weeks from today. Sixteen days from now is when the tax increases in
the bill start. A tax on prescription drugs, a tax on medical devices,
a tax on health plans--all begin 16 days from now. A lot of those taxes
will be imposed upon the American economy and passed on to people and
small businesses in the form of higher premiums. People are going to
get higher premiums 4 years before they are likely to see any benefit.
Ninety-nine percent of the spending under the bill doesn't kick in
until January 1, 2014, or 1,477 days from now. Most Americans, as they
listen to the debate, believe as I do, as a simple principle of
fairness, you ought to align the benefits and the taxes. We had a vote
yesterday on the Crapo motion that would recommit all the tax
increases. Many of us believe raising taxes on small businesses when
you have an economy in recession is not a smart thing to do; it is
going to cost us a lot of jobs. Small businesses have made that clear.
I also think, in addition to the principle of fairness that is at play,
when it comes to raising taxes 4 years prior to the benefits kicking
in, you also need to have a transparent sort of understanding about
what the cost of the bill is going to be.
One of the reasons the revenue increases, the tax increases were
begun immediately or 16 days from now, but the majority of the
spending, 99 percent, doesn't occur until January 1 of 2014 and beyond
is to understate the true cost. They wanted to bring the cost of the
bill in under $1 trillion.
If you can see, starting this year and going through 2019, it ends up
at about $1 trillion or $1.2 trillion on this chart. But if you look at
the fully implemented period; that is, 2014, when the benefits and
spending begin, and take that through the next 10 years, the total
spending in the bill is $2.5 trillion over a 10-year period.
That is one thing the American people need to know. One of the
reasons this is being done, tax increases starting January 1 next year
or 16 days from now, most of the benefits not starting until 1,477 days
from now, is so they can say this is only a $1 trillion bill or under
$1 trillion, the way it has been advertised, when, in fact, it is going
to cost $2.5 trillion when fully implemented.
We are here 16 days before the Christmas holiday, and there are
things Congress needs to do. There are a number of fairly urgent
matters that need to be dealt with before the end of the year, some of
which have been mentioned this morning. But trying to jam through a new
health care program, a $2.5 trillion expansion of the Federal
Government in Washington, 70 new government programs, trying to jam it
through in the next 9 days or so before Christmas seems to be done more
out of a political necessity, the need for a political accomplishment
or a political victory, than it does with making good public policy. As
the American people are approaching this holiday season, the best thing
we can do, the best Christmas gift we could give the people, frankly,
is for Congress to adjourn and go home before passing this $2.5
trillion expansion.
What does it mean? If you are a small businessperson, the Christmas
gift you get this year is a big lump of coal from the Congress in the
form of higher taxes. If you are a senior citizen, 1 of the 11 million
who are on Medicare Advantage and this bill passes, your Christmas gift
this year is benefit cuts. The same thing applies to many of our
providers--hospitals, nursing homes, home health agencies, hospices. If
you are an average American family who is worried about the high cost
of health care, your Christmas gift this year is, if this bill passes,
that your health insurance premiums will continue to go up year over
year at twice the rate of inflation. You lock in higher premiums for
most people across the country, you raise taxes on small businesses,
you cut benefits to Medicare beneficiaries and, for future generations,
you create a $2.5 trillion new entitlement program they will be paying
for, for as far as the eye can see.
The CMS Actuary, last week, said, in addition to all the other things
they mentioned--the overall cost of health care is going to go up, 20
percent of hospitals will close--that the Medicare cuts that are being
proposed cannot be sustained on a permanent basis. If that is true, how
will this be financed? Either with more taxes or borrowing, putting it
on the debt and handing the bill to future generations. That is what we
are left with. Once you lock in a $2.5 trillion expansion of the
Federal Government, it is going to be hard to reduce the cost. The
spending is not going to go away. The way it will be paid for, if the
Medicare cuts are not sustainable, is the tax increases. The increases
that are already in here would have to be increased even further or,
worse yet, for future generations, if you are a young American, it will
be put on your bill.
The Senator from Texas and my colleagues who are here this morning
all voted yesterday to get rid of the tax increases in the bill. But
the motion she offers and that I cosponsor would at least, as a
principle of fairness, make sure those tax increases don't begin before
the benefits do.
Mrs. HUTCHISON. Mr. President, the 2 physicians out of the 100
Members of Senate are here this morning. They have talked for a long
time about the quality of care. They are the two who have the
credibility on this. I would like to ask the Senator from Wyoming, Dr.
Barrasso, to talk about what is going to happen to the quality of
health care when you have $\1/2\ trillion in Medicare cuts, which we
have discussed, and the bill we are discussing today and the motion
Senator Thune and I are offering, that is going to put a higher cost on
every prescription drug, every piece of medical equipment. Perhaps you
would expand on what kind of medical equipment is needed for people to
have the quality of life we have in our country today and then the
insurance companies, which are, of course, going to raise the premium
of every person who already has coverage.
I ask the Senator from Wyoming, Dr. Barrasso, in your experience, how
is this going to affect the quality of health care?
Mr. BARRASSO. I am grateful to the Senator for bringing this up. I
had a telephone townhall meeting last night, and this specific motion
the Senator is bringing today came up with great praise from the people
of Wyoming who said: She is doing it right, leading the good fight.
After I answer the question, I will ask: How do we know the money is
even going to be there? That is the question that came up in my
telephone townhall. People of Wyoming are concerned, if this passes, it
will make health care harder for people in rural States, such as
Wyoming and Montana. My colleague from Montana is on the floor. The
doctor shortage will worsen. This is the headline on the front page by
the Wyoming Tribune Eagle: ``Doctor Shortage Will Worsen.'' There is a
lot of concern for the folks in Wyoming and communities where there is
a sole hospital, a sole physician provider trying to recruit nurses and
physician assistants and nurse practitioners. The doctor shortage will
worsen as we see a situation where they will be cutting Medicare $500
billion, raising taxes $500 billion, and people who had insurance on
this telephone townhall were very concerned that their insurance
premiums are going to go up, in spite of the fact that the President
has promised families would see insurance rates go down. We know those
rates are going to go way up for people who buy their own insurance.
People say: Don't cut Medicare, don't raise taxes, don't make matters
worse than they are right now. For the people of Wyoming, they are
afraid that matters will be made worse.
The Washington Post had a major poll in the paper today specifically
asking seniors the question about Medicare. We are talking about health
care quality, the quality of care. The question is: Do you think health
care reform will strengthen the Medicare Program or weaken the Medicare
Program? They asked specifically and
[[Page 31972]]
broke it down to seniors. Only 1 out of 8 seniors in this poll said it
actually would get better. But the rest are saying: No, it is going to
get worse. The seniors who watch this most carefully know what it means
to try to get health care under the Medicare Program, a program that we
know is going broke. Yet they are taking all this money not to save
Medicare but to start a new program. We know the quality of care is
going to go down. That is what the people of my home State and the
people I talked to from around the country are concerned about. They
are delighted the Senator offered this motion.
I did a poll in the townhall meeting: Are you for or against the
bill? Some of them say: What is in it? We don't know. Which is exactly
what the junior Senator, a Democrat from Indiana, said in today's
national press release: We are all being urged to vote for something,
and we don't know the details of what is in it. The junior Senator from
Indiana is a Democrat. He doesn't know what is in it. The people of
Wyoming don't know what is in it. But they do know taxes start
immediately, benefits not for 4 years. That is why they are happy you
offered this motion. They want to know: How do we know the money will
be there 4 years from now?
Mrs. HUTCHISON. That is a very important question. Here we are going
to start collecting the taxes for 4 years before the program is put in
place. The distinguished Senator from Oklahoma, the other physician in
this body, knows we have had promises from the Federal Government
before. But I can't remember a time when we started collecting a tax
for a purpose that would be 4 years away. What on Earth could people
expect to actually be there when the program kicks in?
The program is going to have to be implemented. It is going to have
to be brought up to speed. I am sure there will be changes. What would
you think your patients whom you still care for in Oklahoma or the
ones, in the experience you have had, how do you think people are going
to react to having higher costs in all these areas of health care for 4
years, even a tax on the high-income plans, not high-income people
having those plans but high coverage that a union member might have
that will start being taxed in 2013, 1 year before the program takes
effect?
How do you think that is going to affect the quality of health care
people can expect and the cost to them out-of-pocket when there would
be nothing even on the drawing boards for 4 years?
Mr. COBURN. To answer the Senator's question, No. 1, as we already
know, the Oklahoma State employees' health insurance plan, in 2013,
will be considered a Cadillac plan. That is every State worker in the
State of Oklahoma. And they can hardly afford their copays and their
premiums in that plan today. So what we know is, we are going to tax
all the Oklahoma workers. Many of those are schoolteachers who happen
to be my patients, and they are struggling today.
So this disconnect between when the taxes are----
Mrs. HUTCHISON. I ask the Senator from Oklahoma, you are saying that
a schoolteacher is probably not making $200,000 or more?
Mr. COBURN. Not at all.
Mrs. HUTCHISON. Yet we were promised there would be no taxes, no harm
to people making under $200,000. Remind me if there is a teacher in
Oklahoma--because I know there is not one in Texas--making over
$200,000.
Mr. COBURN. Well, our teachers wish they made what the teachers in
Texas make, but they do not. But they do not make anywhere close to
$200,000. It does not just affect the Department of Human Services
workers, it is also going to impact the premium increases that are
going to come about before this plan is implemented. We are going to
see premium increases. So the small businesses that are now covering
people are going to have massive premium increases. The individuals who
are buying insurance in the open individual market themselves are going
to see premium increases. The fact is, that is all going to happen
before the first benefit, the first real benefit--other than
preexisting illnesses--before anybody sees any benefit to that.
The other thing that is not talked about is, with the skewing of this
and with the relatively low tax on not complying with it, our youngest,
healthiest people are going to say: I don't want any insurance because
all I have to do is pay, in the first year, $250--or even less--up to
$750, and I can save thousands of dollars every year by not buying
insurance, and buying it when I get sick.
So we are going to see everything skewed in the insurance market.
That is what is going to drive up the premiums.
My constituents, plus my patients, are not happy about the delay. If
we are going to make this, what I believe, is a fatal mistake for our
country in terms of the quality of health care, then we ought to at
least match the revenues with the expenses.
Mrs. HUTCHISON. That is exactly what the Senator from South Dakota
and I are trying to do. We are trying to make sure Americans will not--
will not--pay taxes and increased prices on prescription drugs, on
coverage we do have, the policies we do have, and the equipment that is
so necessary for health care services.
Senator Thune and I want to do what is basic fairness and very
simple; that is, to say the program starts and the taxes start at the
same time. That is a tradition we have had in this country for years.
We do not tax people 4 years from having any kind of program in place
that they could choose from that might benefit them. We do not do that.
That is not the American way, and it is certainly not anything we have
done before.
What in the world would people expect to happen in 4 years? What if
this plan is changed? What if the people rise up and say: We don't want
this plan, and they say: No way, and they would have been paying higher
premiums and higher health care costs already. It is a downpayment
where you are not sure what the end is going to be.
It is like buying a house and saying: Now, in 4 years we are going to
give you the key to the house, we are going to give you the key to the
house that you bought 4 years from now. Oh, maybe there will be a
change in condition, but you are going to get it. Maybe it will be
damaged. Maybe it will be worn. Maybe it will have a fire that starts
in part of it. But you will get those keys and then something will be
there for you. We promise you. We are from the government, and we are
going to promise you that.
That is not good enough. That is not what we owe the American people.
And it is not health care reform.
I would just ask my colleague from South Dakota, who is the cosponsor
of this motion, if he agrees that as a matter of simple fairness,
openness, and transparency to the American people, health care reform
should not mean 4 years of taxes before any program is put in place.
Mr. THUNE. I will say to my colleague from Texas, as to the taxes,
the fees, the tax increases, everything in our motion very simply
states they ought to be aligned with the beginning of the benefits. The
benefits and the exchanges and, frankly, all the major policies--the
substance of this bill--begin in 2014; the individual mandate, the
State exchanges, the subsidies, as I said, premium tax credits,
Medicaid expansion, the employer mandate, 2014; the government plan,
2014. The substance of this bill begins in 2014. Unfortunately, the tax
increases begin 4 years earlier, 16 days from now. Sixteen days from
now, January 1 of this coming year, is when the taxes start being
raised. And, of course, the CBO has said those tax increases are going
to be passed on in the form of higher premiums to people across this
country. The benefits start 1,477 days from now.
So what we simply say in this motion is, let's commit this bill and
bring it back out with the tax increases--if there are going to be tax
increases; and many of us believe there should not be any, which is why
we voted for the Crapo motion yesterday--but if you are going to raise
taxes on America's small businesses, families, and individuals, at
least align those so the policy, the substance of this bill, which
begins 4 years
[[Page 31973]]
from now, is synchronized so we are not slapping a huge new tax
increase on America's small businesses in the middle of a recession and
passing on those higher costs, which is what they will do, to people in
this country in the form of higher insurance premiums.
So I say to the Senator from Texas, this is a very straightforward,
simple motion. I hope our colleagues on both sides will support it. It
is a matter of principle, of fairness when its comes to making policy
that I think the American people have come to expect. We ought to be
honest and give the American people a complete understanding of what
this bill really costs. Because they have done what they have done--by
instituting the tax increases immediately and the spending 4 years from
now--it understates the overall cost of this legislation. The American
people need to know this is a $2.5 trillion bill when it is fully
implemented. The only reason they can bring that in under that number
is because they start raising taxes immediately and do not start paying
benefits out for another 4 years.
So I say to the Senator from Texas, I hope when we get to this vote,
it will be a big bipartisan vote in the Senate, and I hope we will make
a change in this legislation that implements some semblance of fairness
and also gives us a true reflection of what the bill really costs.
Mrs. HUTCHISON. I thank the Senator from South Dakota.
Just to recap, the amount that would actually be collected before any
program is put in place would be $73 billion--already collected. That
will include, as the Senator from Oklahoma mentioned, schoolteachers
from Oklahoma who are considered to have these high-benefit plans, a
schoolteacher making $50,000, $60,000 a year with a high-benefit plan.
And do you know what the tax is on that high-benefit plan? Do you know
what the tax is on that Oklahoma schoolteacher? A 40-percent excise
tax--40 percent.
The PRESIDING OFFICER. The Senator's time has expired.
Mrs. HUTCHISON. Mr. President, I thank the Senator, and I would just
say I hope we get a bipartisan vote on this motion. I hope we get a
bipartisan vote to say the one thing we ought to do, if nothing else,
is be fair to the American people. You do not pay taxes until the
program is up and going.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I ask unanimous consent to offer some
unanimous consent requests to the chairman of the Finance Committee.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COBURN. Mr. President, I offer a unanimous consent request that
it not be in order for the duration of the consideration of H.R. 3590
to offer an amendment that has not been filed at the desk for 72 hours
and for which there has not been a complete CBO score.
The PRESIDING OFFICER. Is there objection?
The Senator from Montana.
Mr. BAUCUS. Mr. President, reserving the right to object, I would
like to just remind our colleagues, I have sought it, and I think it
has been basically a very forthright, open process we have conducted
here. Certainly in the Finance Committee--I see my colleague from Iowa
on the floor--it was totally transparent for months upon months, with
hearing upon hearing. We posted amendments in the Finance Committee on
the Internet in advance of consideration.
I have never been part of a more transparent process since I have
been here, frankly, at least for something of this magnitude over this
period of time. In fact, one reporter even said to me: Senator, is this
the new way we do things around here? It is so transparent, so
bipartisan, and so forth. I said: I don't know. I sure like it that
way.
I also remind all of us that Senator Reid's amendment was made
available on November 18 of this year, and 3 days later, on the 21st,
we voted for cloture on the motion to proceed. Then, 12 days after the
Reid amendment was made available, we finally began debate on the bill.
And here we are, nearly a month later. So this bill has been out here.
The Senator mentioned, I note, having in mind the managers'
amendment, which he has not seen and, frankly, this Senator has not
seen either. I have some ideas what is in it, but I have not seen it
myself.
I think as a practical matter this will be available for 72 hours, as
the Senator suggests. Why do I say that? I say that because it is my
expectation that Senator Reid's managers' amendment will be filed very
quickly, maybe in a day or two. It is also my expectation that we will
then proceed, according to expectations here, to the Defense
appropriations conference report, which we will then be working on for
several days. And probably a cloture motion might be filed on the
health care bill--on the managers' amendment probably not until after
we do Defense appropriations. So during the interim, everyone is going
to be able to see, at least for more than 72 hours, the contents of the
managers' amendment in the health care bill which Senator Reid is going
to be filing. So as a practical matter, I think it is going to happen.
I cannot at this point agree to the request to lock that in for 72
hours, but I think as a practical----
Mr. COBURN. Will the Senator yield for a question?
Mr. BAUCUS. Yes.
Mr. COBURN. One of the reasons I want this, is it not his belief that
the American people ought to get to see this for 72 hours as well and
that it ought to be on the Internet and that everybody in America, if
we are going to take one-sixth of our economy, ought to have the time
to truly read--we are going to have a managers' amendment, and that is
actually what mine is focused on.
Mr. BAUCUS. Sure.
Mr. COBURN. But to be able to truly not just read the managers'
amendment but then go into the bill where it is going to fix the bill.
Mr. BAUCUS. I think that is a good idea. I think it is going to
happen.
Mr. COBURN. But the Senator will not agree to it by unanimous
consent?
Mr. BAUCUS. I cannot at this time but, again, saying it is my
expectation it will be available for more than 72 hours.
Mr. COBURN. I appreciate the sincerity of the chairman's remarks.
Mr. BAUCUS. I thank the Senator. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. COBURN. Mr. President, I have another unanimous consent request.
The following consent request would be associated with a Coburn
amendment that would certify that every Member of the Senate has read
the bill and understands it before they vote on the bill. The reason I
ask unanimous consent that amendment be agreed to and accepted is that
is exactly what the American people expect us to be doing.
So we do not have a bill right now. We do not know what is going to
be in the bill. The chairman has a good idea what is going to be in the
bill, but he does not know for sure. Only two sets of people--Senator
Reid and his staff and CBO--know what is going to be in the bill. I
suspect somebody at the White House might.
But we ought to take and embrace the idea of transparency and
responsibility, that the American people can expect every one of us to
have read this bill, plus the amended bill, and certify that we have an
understanding for what we are doing to health care in America with this
bill.
I ask unanimous consent that be accepted.
The PRESIDING OFFICER. Is there objection?
The Senator from Montana.
Mr. BAUCUS. Mr. President, reserving the right to object, I certainly
agree with the basic underlying import that we should know what we are
voting on here. But I must say to my good friend from Oklahoma, I
cannot certify that Members of the Senate will understand what they are
reading. That presumes a certain level of perception on my part in
understanding and delving into the minds of Senators that not only have
they read but they have taken the time to understand. And what does
``understand'' mean? Understand the second and third levels, the
[[Page 31974]]
fourth level of questions? I think it is a practical impossibility for
anybody to certify that any other Senator has fully understood. They
may read, but they may not fully understand for a whole variety of
reasons. So I cannot certify that.
Mr. COBURN. Could I clarify my request?
Mr. BAUCUS. I have to object.
The PRESIDING OFFICER. Objection is heard.
Mr. COBURN. Let me clarify my request that the individual certify
themselves. I am not asking some group of Senators to certify some
other Senator. I am saying that Tom Coburn tells his constituency: I
have read this puppy. I have spent the time on it. I have read the
managers' amendment, and I, in fact, certify to the people of Oklahoma
that I know how terrible it is going to be for their health care.
Mr. BAUCUS. The Senator is always free to make any representations he
wants. If he wants to certify he has read it and certify that he has
understood it, that is the Senator's privilege.
Mr. COBURN. But the Senator won't accept that we as a body, on one-
sixth of the economy, ought to say we know what we are doing?
Mr. BAUCUS. I can't certify that every Member of the Senate has done
anything around here. Neither can the Senator from Oklahoma. That is an
impossibility. But if the Senator wants to certify he has read it, that
is great, and understands it fully, that is great, on any measure--not
just this measure but any measure. But I can't certify that for 100
different Senators, on any measure. That is up to the individual
Senators and that is up to their mental capacities and up to their
initiatives and imaginations and conscientiousness and so forth. I
can't certify to that.
Mr. COBURN. I thank the chairman.
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Senator
from Vermont be recognized to proceed for at least a half hour.
The PRESIDING OFFICER. The Senator from Vermont is recognized.
Amendment No. 2837 to Amendment No. 2786
Mr. SANDERS. Madam President, I call up my amendment per the order.
The PRESIDING OFFICER (Mrs. Hagan). The clerk will report the
amendment.
The assistant legislative clerk read as follows:
The Senator from Vermont [Mr. Sanders], for himself, Mr.
Burris, and Mr. Brown, proposes an amendment numbered 2837 to
amendment No. 2786.
Mr. SANDERS. Madam President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. Madam President, I object.
The PRESIDING OFFICER. Objection is heard.
The assistant legislative clerk continued with the reading of the
amendment.
Mr. SANDERS. Madam President, I ask unanimous consent that the
amendment be considered as read.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. There is objection.
The PRESIDING OFFICER. Objection is heard.
Mr. SANDERS. Madam President, may I ask my friend from Oklahoma why
he is objecting?
Mr. COBURN. Regular order, Madam President.
The PRESIDING OFFICER. Regular order is the reading of the amendment.
The assistant legislative clerk continued with the reading of the
amendment.
(The amendment (No. 2837) is printed in the Record of Wednesday,
December 2, 2009, under ``Text of Amendments.'')
The PRESIDING OFFICER (Mr. Cardin). The Senator from Vermont is
recognized.
Amendment No. 2837 withdrawn
Mr. SANDERS. Mr. President, I withdraw my amendment.
Mr. COBURN. Regular order, Mr. President.
The PRESIDING OFFICER. The Senator has that right. The amendment is
withdrawn.
Mr. SANDERS. Pursuant to the 30 minutes that I----
The PRESIDING OFFICER (Mrs. Shaheen). Under the previous order, the
Senator from Vermont is recognized for 30 minutes.
Mr. SANDERS. Madam President, let me begin not by talking about my
amendment but by talking about the Republican action that we have seen
right here on the floor of the Senate. Everybody in this country
understands that our Nation faces a significant number of major
crises--whether it is the disintegration of our health care system, the
fact that 17 percent of our people are unemployed or underemployed, or
the fact that one out of four of our children is living on food stamps.
We have two wars, we have global warming, we have a $12 trillion
national debt, and the best the Republicans can do is try to bring the
U.S. Government to a halt by forcing a reading of a 700-page amendment.
That is an outrage. People can have honest disagreements, but in this
moment of crisis it is wrong to bring the U.S. Government to a halt.
I am very disturbed that I am unable to bring the amendment that I
wanted to bring to the floor of the Senate. I thank Senator Reid for
allowing me to try to bring it up before it was obstructed and delayed
and prevented by the Republican leadership. My amendment, which was
cosponsored by Senators Sherrod Brown and Roland Burris, would have
instituted a Medicare-for-all single-payer program. I was more than
aware and very proud that, were it not for the Republican's
obstructionist tactics, this would have been the first time in American
history that a Medicare-for-all single-payer bill was brought to a vote
before the floor of the Senate. I was more than aware that this
amendment would not win. I knew that. But I am absolutely convinced
that this legislation or legislation like it will eventually become the
law of the land.
The reason for my optimism that a Medicare-for-all single-payer bill
will eventually prevail is that this type of system is and will be the
only mechanism we have to provide comprehensive high-quality health
care to all of our people in a cost-effective way. It is the only
approach that eliminates the hundreds of billions of dollars in waste,
administrative costs, bureaucracy, and profiteering by the private
insurance companies, and we are not going to provide comprehensive,
universal, cost-effective health care to all of our people without
eliminating that waste. That is the simple truth.
The day will come, although I recognize it is not today, when the
Congress will have the courage to stand up to the private insurance
companies and the drug companies and the medical equipment suppliers
and all of those who profit and make billions of dollars every single
year off of human sickness. On that day, when it comes--and it will
come--the U.S. Congress will finally proclaim that health care is a
right of all people and not just a privilege. And that day will come,
as surely as I stand here today.
There are those who think that Medicare-for-all is some kind of a
fringe idea--that there are just a few leftwing folks out there who
think this is the way to go. But let me assure you that this is
absolutely not the case. The single-payer concept has widespread
support from diverse groups from diverse regions throughout the United
States. In fact, in a 2007 AP/Yahoo poll, 65 percent of respondents
said that the United States should adopt a universal health insurance
program in which everyone is covered under a program like Medicare that
is run by the Government and financed by taxpayers.
There is also widespread support for a Medicare-for-all approach
among those people who understand this issue the most, and that is the
medical community. That support goes well beyond the 17,000 doctors in
the Physicians for National Health Care Program, who are fighting every
day for a single-payer system. It goes beyond the California Nurses
Association, the largest nurses union in the country, who are also
fighting for a Medicare-for-all, single-payer health care. In March of
2008,
[[Page 31975]]
a survey of 2,000 American doctors published in the Annals of Internal
Medicine concluded that 59 percent of physicians ``supported
legislation to establish national health insurance.''
Madam President, you might be particularly interested to know that
the New Hampshire Medical Society surveyed New Hampshire physicians and
found that two-thirds of New Hampshire physicians, including 81 percent
of primary care clinicians, indicated that they would favor a
simplified payer system in which public funds, collected through taxes,
were used to pay directly for services to meet the basic health care
needs of all citizens. That is New Hampshire.
In 2007, Minnesota Medicine Magazine surveyed Minnesota physicians
and found that 64 percent favored a single-payer system; 86 percent of
physicians also agreed that it is the responsibility of society,
through the Government, to ensure that everyone has access to good
medical care.
But it is not just doctors, it is not just nurses, it is not just
millions of ordinary Americans. What we are seeing now is that
national, State, and local organizations representing a wide variety of
interests and regions support single payer. These include the U.S.
Conference of Mayors, the American Medical Students Association, the
AFL/CIO, the United Church of Christ, the UAW, the International
Association of Machinists, the United Steelworkers, the United
Electrical Workers, the Older Women's League, and so many others that I
do not have the time to list them.
I ask unanimous consent to insert a list in the Record of all the
organizations representing millions and millions of Americans who are
sick and tired of the current system and want to move toward a
Medicare-for-all single-payer system.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Organizations Support Single Payer
American Federation of Musicians of the United States and
Canada, American Medical Students Association, Americans for
Democratic Action, American Patients United, All Unions
Committee for Single Payer Health Care, Alliance for
Democracy, Business Coalition for Single Payer Health Care,
California Nurses Association/National Nurse Organizing
Committee, Coalition of Black Trade Unionists, Coalition of
Labor Union Women, Committee of Presidents, National
Association of Letter Carriers, Committees of Correspondence,
Earthly Energy Werx, Electrical Workers Minority Caucus,
Fellowship of Reconciliation, Feminist Caucus of the
American, Humanist Association, and Global Kids Inc.
Global Security Institute, Health Plan Navigator,
Healthcare NOW!, Hip Hop Caucus, House of Peace, Institute
for Policy Studies, Cities for Progress, Inter-religious
Foundation for Community Organization, International
Association of Machinists and Aerospace Workers, League of
Independent Voters, National Association for the Advancement
of Colored People, National Association of Letter Carriers,
National Council on Healthcare for the Homeless, National
Economic and Social Rights Initiative, National Education
Association, National Organization of Women, National Student
Nurses Association, Needed Now, and Older Women's League.
PACE International Union, Peoples' Health Movement--US
Circle, Physicians for a National Health Program, Progressive
Christians Uniting, Progressive Democrats of America, The
United Church of Christ, United Association of Journeymen &
Apprentices of the Plumbing & Pipe Fitting Industry of the
United States & Canada, United Automobile Workers, United
Automobile Workers, International Union Convention, United
Electric Workers, United Federation of Teachers, United
Methodist Global Board of Church and Society, United
Steelworkers of America, Up for Democracy, Women's Division
of The United Methodist Church, Women's Universal Health
Initiative, and Young Democrats.
State Organizations Support Single Payer
1199SEIU United Healthcare Workers East, MD, DC, NY, MA;
1199SEIU Retired Division of New York; American Guild of
Musical Artists: Chicago/Midwest Region; American Postal
Workers Union (APWU), Michigan State; Arizona AFL-CIO;
Arkansas AFL-CIO; California State Pipe Trades Council,
United Association; California School Employees Association;
Connecticut State Council of Machinists of the IAMAW;
Connecticut Medicare for All; Delaware State AFL-CIO; Florida
CHAIN; Florida State AFL-CIO; Florida State Alliance for
Retired Americans; Health Action New Mexico; Health Care for
All California; Health Care for All Colorado; Health Care for
All New Jersey; Health Care for All Texas; Health Care for
All Washington; Hoosiers for a Common Sense Health Plan; and
Iowa Federation of Labor; AFL-CIO.
Kentucky House of Representatives; Kentucky Jobs with
Justice; Kentucky State AFL-CIO; Maine Council of United
Steelworkers; Maine State AFL-CIO; Maine State Building &
Construction Trades Council; Maryland State and District of
Columbia AFL-CIO; Massachusetts Nurses Association;
Massachusetts State United Auto Workers; Michigan State AFL-
CIO Women's Council; Michigan State Association of Letter
Carriers; Minnesota DFL Progressive Caucus; Minnesota State
AFL-CIO; Missouri State AFL-CIO; New Jersey Media Corps; New
Jersey State Industrial Union Council; New York Professional
Nurses Union; New York State Nurses Association; North
Carolina Fair Share; North Carolina State AFL-CIO; North
Dakota State AFL-CIO; Ohio Alliance for Retired Americans.
Ohio State AFL-CIO; Ohio Steelworkers Organization of
Active Retirees; Oregon United Methodist Church; Pennsylvania
Association of Staff Nurses and Allied Professionals;
Pennsylvania State AFL-CIO; SCFL of Wisconsin; SEIU--United
Healthcare Workers West; South Carolina State AFL-CIO; South
Dakota AFL-CIO; Texas AFL-CIO; Texas Alliance for Retired
Americans; Texas Building & Construction Trades Council; The
Tennessee Tribune Newspaper; Utah Jobs with Justice; Vermont
State Labor Council AFLCIO; Washington State Alliance for
Retired Americans; Washington State Building and Construction
Trades Council; Washington State Labor Council; West Virginia
State AFL-CIO; Wisconsin Clean Elections Campaign; Wisconsin
State AFL-CIO; Wyoming State AFL-CIO.
Mr. SANDERS. There is also significant support in the House of
Representatives for a single-payer system. Together, H.R. 676 and H.R.
1200, two different single-payer proposals, have 94 cosponsors.
And let me say a word about State legislatures that have moved
forward aggressively toward a single-payer system. In California, our
largest State, the State legislature there has on two occasions passed
a single-payer program. The largest State in America passed a single-
payer program, and on both occasions it was vetoed by the Governor. In
New York State, the State Assembly passed a single-payer system. Among
other States where single payer has been proposed and seriously
discussed are Ohio, Massachusetts, Georgia, Colorado, Maine, Vermont,
Illinois, Wisconsin, Oregon, Washington, New Mexico, Minnesota,
Indiana, and New Hampshire.
Why is it that we need an entirely new approach for health care in
this country? The answer is pretty obvious. Our current system,
dominated by profit-making insurance companies, simply does not work.
Yes, we have to confess, it does work for the insurance companies that
make huge profits and provide their CEOs with extravagant compensation
packages. Yes, it does work--and we saw how well it worked right here
on the floor yesterday--for the pharmaceutical industry which year
after year leads almost every other industry in profit while charging
the American people by far--not even close--the highest prices in the
world for prescription drugs.
So it works for the insurance companies. It works for the drug
companies. It works for the medical equipment suppliers and the many
other companies who are making billions of dollars off of our health
care system. But it is not working for--in fact, it is a disaster for--
ordinary Americans.
Today, 46 million people in our country have no health insurance and
an even higher number of people are underinsured, with high deductibles
or copayments. Today, as our primary health care system collapses, tens
of millions of Americans do not have access to a doctor on a regular
basis and, tragically, some 45,000 of our fellow Americans who do not
have access to a doctor on a regular basis die every single year. That
is 15 times more Americans who die of preventable diseases than were
murdered in the horrific 9/11 attack against our country. That takes
place every year: the preventable deaths of 45,000 people.
This is not acceptable. These horrific deaths are a manifestation of
a collapsing system that needs fundamental change.
A number of months ago I took to the floor to relate stories that I
heard
[[Page 31976]]
from people throughout the State of Vermont regarding the health care
crisis, stories which I published in a small pamphlet and placed on my
Web site. Let me tell you one story.
A man from Swanton, VT, in the northern part of our State, wrote to
me to tell me the story of his younger brother, a Vietnam veteran, who
died 3 weeks after being diagnosed with colon cancer. At the time he
was diagnosed, he had been laid off from his job and could not afford
COBRA coverage. This is what his brother said:
When he was in enough pain to see a doctor it was too late.
He left a wife and two teenage sons in the prime of his life
at 50 years old. The attending physician said that, if he had
only sought treatment earlier, he would still be alive.
Horrifically, tragically, that same story is being told in every
State in this country over and over again. If only he had gone to the
doctor in time he could have lived, but he didn't have any health
insurance. That should not be taking place in the United States of
America in the year 2009.
Our health care disaster extends beyond even the thousands who die
needlessly every single year. Many others suffer unnecessary
disability--strokes that leave them paralyzed because they couldn't
afford treatment for their high blood pressure, or amputations,
blindness, or kidney failure from untreated diabetes. Infants are born
disabled because their mothers couldn't get the kind of prenatal care
that every mother should have, and millions with mental illness go
without care every single day.
In a town in northern Vermont not far from where I live, a physician
told me that one-third of the patients she treats are unable to pay for
the prescription drugs she prescribes. Think about the insanity of
that. We ask doctors to diagnose our illness, to help us out, she
writes the prescription for the drug, and one-third of her patients
cannot afford to fill that prescription. That is insane. That is a
crumbling health care system. The reason people cannot afford to fill
their prescription drugs is that our people, because of pharmaceutical
industry greed, are forced to pay by far the highest prices in the
world for prescription drugs. This is indefensible. There is nobody who
can come to the floor of this Senate and tell me that makes one shred
of sense.
The disintegration of our health care system causes not only
unnecessary human pain, suffering, and death, but it is also an
economic disaster. Talk to small businesses in Vermont, New Hampshire,
any place in this country, and they tell you they cannot afford to
invest in their companies and create new jobs because all of their
profits are going to soaring health care costs--10, 15, 20 percent a
year. Talk to the recently bankrupt General Motors and they will tell
you that they spend more money per automobile on health care than they
do on steel. GM is forced to pay $1,500 per car on health care while
Mercedes in Germany spends $419, and Toyota in Japan spends $97. Try to
compete against that.
From an individual economic perspective, it is literally beyond
comprehension that of the nearly 1 million people who will file for
bankruptcy this year, the vast majority are filing for bankruptcy
because of medically related illnesses. Let's take a deep breath and
think about this from an emotional point of view. Let's think about the
millions of people who are today struggling with cancer, struggling
with heart disease, struggling with diabetes or other chronic
illnesses. They are not even able to focus on their disease and trying
to get well. They are summoning half their energy to fight with the
insurance companies to make sure they get the coverage they need. That
is not civilized. That is not worthy of the United States of America.
In my State of Vermont--and I suspect it is similar in New Hampshire
and every other State--I have many times walked into small mom-and-pop
stores and seen those little donation jars that say: Help out this or
that family because the breadwinner is struggling with cancer and does
not have any health insurance or little Sally needs some kind of
operation and she doesn't have any health insurance, put in a buck or
five bucks to help that family get the health care they need. This is
the United States of America. This should and cannot be allowed to
continue.
One of the unfortunate things that has occurred during the entire
health care debate is that we have largely ignored what is happening in
terms of health care around the rest of the world. I have heard some of
my Republican colleagues get up and say: We have the best health care
system in the world. Yes, we do, if you are a millionaire or a
billionaire, but we do not if you are in the middle class, not if you
are a working-class person, certainly not if you are low income. It is
just not true.
Today, the United States spends almost twice as much per person on
health care as any other country. Despite that, we have 46 million
uninsured and many more underinsured and our health care outcomes are,
in many respects--not all but in many respects--worse than other
countries. Other countries, for example, have longer life expectancies
than we do. They are better on infant mortality, and they do a lot
better job in terms of preventable deaths. At the very beginning of
this debate, we should have asked a very simple question: Why is it we
are spending almost twice as much per person on health care as any
other country with outcomes that, in many respects, are not as good?
According to an OECD report in 2007, the United States spent $7,290,
over $7,000 per person on health care. Canada spent $3,895, almost half
what we spent. France spent $3,601, less than half what we spent. The
United Kingdom spent less than $3,000, and Italy spent $2,600 compared
to the more than $7,000 we spent. Don't you think that maybe the first
question we might have asked is: Why is it we spend so much and yet our
health care outcomes, in many respects, are worse than other countries?
Why is it that that happens?
Let me tell you what other people will not tell you. One key issue
that needed to be debated in this health care discussion has not been
discussed. The simple reason as to why we spend so much more than any
other country with outcomes that are not as good as many other
countries is that this legislation, from the very beginning, started
with the assumption that we need to maintain the private for-profit
health insurance companies. That basic reality that we cannot touch
private insurance companies, in fact that we have to dump millions more
people into private health insurance companies, that was an issue that
could not even be discussed. And as a result, despite all the money we
spend, we get poor value for our investment.
According to the World Health Organization, the United States ranks
37th in terms of health system performance compared with five other
countries: Australia, Canada, Germany, New Zealand, and the United
Kingdom. The U.S. health system ranks less or less than half.
Sometimes these groups poll people. They go around the world and they
poll people and they ask: How do you feel about your own health care
system? We end up way down below other countries. Recently, while the
Canadian health care system was being attacked every single day, they
did a poll in Canada. They said to the Canadian people: What do you
think about your health care system? People in America say you have a
terrible system. Do you want to junk your system and adopt the American
system? By overwhelming numbers, the people of Canada said: Thank you,
no thank you. We know the American system. We will stay with our
system.
I was in the United Kingdom a couple months ago. I had an interesting
experience. It was a Parliamentarian meeting. I met with a number of
people in the Conservative Party--not the liberal Democratic Party, not
the Labour Party, the Conservative Party, the party which likely will
become the government of that country. The Conservatives were outraged
by the kind of attacks being leveled against the national health system
in their country, the lies we are being told about their system. In
fact, the leader of the Conservative Party got up to defend the
[[Page 31977]]
national health system in the United Kingdom and said: If we come to
power, we will defend the national health system. Those were the
conservatives.
What is the problem with our system which makes it radically
different than systems in any other industrialized country? It is that
we have allowed for-profit private corporations to develop and run our
health care system, and the system that these companies have developed
is the most costly, wasteful, complicated, and bureaucratic in the
entire world. Everybody knows that. With 1,300 private insurance
companies and thousands and thousands of different health benefit
programs all designed to maximize profits, private health insurance
companies spend an incredible 30 percent of every health care dollar on
administration and billing, on exorbitant CEO compensation packages, on
advertising, lobbying, and campaign contributions. This amounts to some
$350 billion every single year that is not spent on health care but is
spent on wasteful bureaucracy.
It is spent on bureaucrats and on an insurance company telling us why
we can't get the insurance we pay for. How many people today are on the
phone today arguing with those bureaucrats to try to get the benefits
they paid for? It is spent on staff in a physician's office who spend
all their time submitting claims. They are not treating people; they
are submitting claims. It is spent on hundreds of people working in the
basement of hospitals who are not delivering babies, not treating
people with cancer. They are not making people well. They are sending
out bills. That is the system we have decided to have. We send out
bills, and we spend hundreds of billions of dollars doing that rather
than bringing primary health care physicians into rural areas, rather
than getting the doctors, dentists, and nurses we need.
Let me give a few outrageous examples. Everyone knows this country is
in the midst of a major crisis in primary health care. We lack doctors.
We lack nurses. We lack dentists--a major crisis getting worse every
single day. Yet while we are unable to produce those desperately needed
doctors and nurses and dentists, we are producing legions of insurance
company bureaucrats.
Here is a chart which deals with that issue. What this chart shows is
that over the last three decades, the number of administrative
personnel, bureaucrats who do nothing to cure our illnesses or keep us
well, the number of bureaucrats has grown by 25 times the number of
physicians. This is growth in the number of doctors--nonexistent. This
is growth in the number of health care bureaucrats on the phone today
telling you why you can't get the health care coverage you paid for or
telling you that you have a preexisting condition and throwing you off
health care because you committed the crime last year of getting sick.
That growth is through the roof. This is where our health care dollars
are going. This is why we need a single-payer system.
According to Dr. Uwe Reinhardt in testimony before Congress, Duke
University Hospital, a very fine hospital, has almost 900 billing
clerks to deal with hundreds of distinct managed care contracts. Do you
know how many beds they have in that hospital? They have 900 beds. They
have 900 bureaucrats involved in billing for 900 beds. Tell me that
makes sense.
At a time when the middle class is collapsing and when millions of
Americans are unable to afford health insurance, the profits of health
insurance companies are soaring. From 2003 to 2007, the combined
profits of the Nation's major health insurance companies increased by
170 percent. While more and more Americans are losing their jobs, the
top executives of the industry are receiving lavish compensation
packages. In 2007, despite plans to cut 3 to 4 percent of its
workforce, Johnson & Johnson found the cash to pay its CEO Weldon $31.4
million. Ron Williams of Aetna took home over $38 million, and the head
of CIGNA, Edward Hanway, took away $120 million over 5 years on, and on
and on it goes.
So what is the alternative? Let me briefly describe the main features
of a Medicare-for-all single-payer system. In terms of access, people
getting into health care, this legislation would provide for all
necessary medical care without cost sharing or other barriers to
treatment. Every American--not 94 percent but 100 percent of America's
citizens--would be entitled to care. In terms of choice, the issue is
not choice of insurance companies that our Republican friends talk
about. The question is choice of doctors, choice of hospitals, choice
of therapeutic treatments. Our single-payer legislation would provide
full choice of physicians and other licensed providers and hospitals.
Importantly--and I know there is some confusion--a single-payer program
is a national health insurance program which utilizes a nonprofit,
private delivery system. It is not a government-run health care system.
It is a government-run insurance program. In other words, people would
still be going to the same doctors, still going to the same hospitals
and other medical providers.
The only difference is, instead of thousands of separately
administered programs run with outrageous waste, there would be one
health insurance program in America for Members of Congress, for the
poorest people in our country, for all of us. In that process, we would
save hundreds of billions of dollars in bureaucratic waste. In terms of
benefits, what would you get? A single-payer program covers all
medically necessary care, including primary care, emergency care,
hospital services, mental health services, prescriptions, eye care,
dental care, rehabilitation services, and nursing home care as well. In
terms of medical decisions, those decisions under a single-payer
program would be made by the doctors and the patients, not by
bureaucrats in insurance companies.
If we move toward a single-payer program, we could save $350 billion
a year in administrative simplification, bulk purchasing, improved
access with greater use of preventative services, and earlier diagnosis
of illness.
People will be able to get to the doctor when they need to rather
than waiting until they are sick and ending up in a hospital.
Further, and importantly, like other countries with a national health
care program, we would be able to negotiate drug prices with the
pharmaceutical industry, and we would end the absurdity of Americans
being forced to pay two, three, five times more for certain drugs than
people around the rest of the world.
Every other industrialized country on Earth primarily funds health
care from broad-based taxes in the same way we fund the Defense
Department, Social Security, and other agencies of government, and that
is how we would fund a national health care program.
Let me be specific about how we would pay for this. What this
legislation would do is, No. 1, eliminate--underline ``eliminate''--all
payments to private insurance companies. So people would not be paying
premiums to UnitedHealth, WellPoint, Blue Cross Blue Shield, and other
private industry companies--not one penny. The reason for that is that
private for-profit health insurance companies in this country would no
longer exist.
Instead, this legislation would maintain all of the tax revenue that
currently flows into public health programs like Medicare, Medicaid,
and CHIP, and it would add to that an income tax increase of 2.2
percent and a payroll tax of 8.7 percent. This payroll tax would
replace all other employer expenses for employee health care. In other
words, employers in this country, from General Motors to a mom-and-pop
store in rural America, would no longer be paying one penny toward
private insurance revenue.
The income tax would take the place of all current insurance
premiums, copays, deductibles, and all other out-of-pocket payments
made by individuals. For the vast majority of people, a 2.2-percent
income tax is way less than what they now pay for all of those other
things. In other words, yes, you would be paying more in taxes. That is
true. But you would no longer have to pay for private health insurance,
and, at the end of the day, from both a financial perspective and a
health security perspective, we would be better off as individuals and
as a nation.
[[Page 31978]]
What remains in existence--I should add here--is the Veterans'
Administration. I believe, and most of us believe, they have a separate
set of issues, and the VA would remain as it is.
Let me bring my remarks to a close by giving you an example of where
I think we should be going as a country in terms of health care. Oddly
enough, the process that I think we should be using is what a small
country of 23 million people--the country of Taiwan--did in 1995. In
1995, Taiwan was where we are right now--massive dissatisfaction with a
dysfunctional health care system--and they did what we did not do. They
said: Let's put together the best commission we can, the smartest
people we know. Let's go all over the world. Let's take the best ideas
from countries all over the world.
As Dr. Michael Chen, vice president and CFO of Taiwan's National
Health Insurance Bureau, explained in an interview earlier this year,
the Taiwanese ultimately chose to model their system--after a worldwide
search--on our Medicare Program. That is where they went, except that
they chose to insure the entire population rather than just the
elderly. After searching the globe, the Taiwanese realized what many
Americans already know: a Medicare-for-all, single-payer system is the
most effective way to offer quality coverage at a reasonable price.
Taiwan now offers comprehensive health care to all of its people, and
it is spending 6 percent of its GDP to do that while we spend 16
percent of our GDP. But, unfortunately, the single-payer model was not
ever put on the table here. Maybe we should learn something from our
friends in Taiwan.
Let me end by saying this: This country is in the midst of a
horrendous health care crisis. We all know that. We can tinker with the
system. We can come up with a 2,000-page bill which does this, that,
and the other thing. But at the end of the day, if we are going to do
what virtually every other country on Earth does--provide
comprehensive, universal health care in a cost-effective way, one that
does not bankrupt our government or bankrupt individuals--if we are
going to do that, we are going to have to take on the private insurance
companies and tell them very clearly that they are no longer needed.
Thanks for your service. We don't need you anymore.
A Medicare-for-all program is the way to go. I know it is not going
to pass today. I know we do not have the votes. I know the insurance
company and the drug lobbyists will fight us to the death. But, mark my
words, Madam President, the day will come when this country will do the
right thing. On that day, we will pass a Medicare-for-all single-payer
system.
Mr. LUGAR. Mr. President, I take this opportunity to share with my
colleagues a statement I have prepared regarding the health care reform
debate in which the Senate is currently engaged.
A majority of the Members of Congress share President Obama's humane
goal that millions more Americans might enjoy health insurance coverage
and that medical care to all Americans might be substantially improved.
For the moment, however, President Obama and the Congress must
recognize that the overwhelming demand of most Americans is that
presidential and congressional leadership should focus each day on
restoration of jobs, strengthening of housing opportunities, new growth
in small business and large industries, and banks that are not only
solvent but confident of normal lending. In essence, the task facing
national leadership is truly monumental. A national and international
recession has not ended and many economists predict that unemployment,
which has exceeded 10 percent in the United States, will continue to
grow in coming months.
The President and the current Congress have realized a final deficit
for fiscal year 2009 of $1.4 trillion, with the total national debt now
at $12 trillion. The appropriation bills that Congress has passed and
that will make up the next fiscal year's expenditures are predicted to
result in another annual deficit of more than $1 trillion. In fiscal
year 2009, Medicaid spending increased by 24.6 percent to $251 billion.
Spending on Food Stamps increased 41 percent to $56 billion.
Unemployment benefits increased almost 155 percent to $120 billion.
Republicans and Democrats may feel that passing comprehensive health
legislation before the end of the year is crucial to the success or
failure of the Obama administration and/or party leadership in the
Congress.
But I would suggest that successful leadership will be defined, now
and historically, by success in bringing a horrendous economic
recession to an end, bringing new strength to our economy, and
providing vital leadership in international relations as we hope to
bring conflicts under control and in some cases, to conclusion.
I appreciate that President Obama has strongly argued that
comprehensive health care legislation is an important component to
reducing federal deficit spending. He has contended that failure to
pass this legislation will increase deficits now and for many years to
come. I disagree with the President.
After the economic recession in our country comes to a conclusion, a
high priority may be extension of health insurance coverage and reform
of many health care practices. When such changes occur, they are likely
to be expensive and Americans will need to debate, even then, their
priority in comparison to many other national goals. One reason why
health care is likely to remain expensive is that major advances in
surgical procedures, prescription drugs, and other health care
practices have prolonged the lives of tens of millions of Americans and
improved the quality of those additional years. The Washington Post, in
a front-page story on July 26, 2009, mentioned that ``the fight against
heart disease has been slow and incremental. It's also been extremely
expensive and wildly successful.'' Americans should not take for
granted all of the advances in health care that have enriched our
lives, but we sometimes forget that we require and even pray for much
more medical progress in years to come, which is likely to be
expensive.
In order to pay for the cost of the nearly $1 trillion health care
legislation, several Members of Congress are suggesting new forms of
taxation, reduction of payments to doctors and hospitals, and
curtailment of certain types of insurance coverage. These and other
suggestions may temporarily bring about cost reduction but will also
have some after-effects in the overall economy. In fact, strong
financial incentives may be needed to enlist men and women to enter the
medical field. Failure to enlist a sufficient number of doctors could
lead to rationing of service and longer lines to find someone who will
give humane attention.
In the meanwhile, it is possible that the President and Members of
Congress might find some inexpensive, incremental improvements that
could result in a greater number of Americans being served through
health insurance and more efficiently operating health care
institutions. The strong desire that most of us have to continue
discussing these issues and make improvements need not be postponed
even as President Obama and the Congress strive for victory over a
devastating national economic recession.
Because our Federal spending deficits have risen so much and are
predicted to rise even more, all substantive discussions on health care
and other important issues will be conducted during many years of
planning and, finally, decisive action to reduce deficit spending and
preserve the value and integrity of the dollar as we continue to borrow
hundreds of billions of dollars in the form of U.S. Treasury bonds sold
to governments and citizens of other countries. They, too, are counting
on the integrity of our dollar and our financial system to preserve the
value of their financial reserves.
Starting with President Obama and extending to all Members of
Congress, we wish that we had inherited a neutral, peaceful playing
field. We have not been so fortunate. Our responsibility now is to
recognize the extraordinary financial tragedy that has befallen our
country and to recognize the unprecedented opportunity that we have to
stop the momentum of that
[[Page 31979]]
tragedy. We must provide valid hope of constructive vision, idealism,
and change in the future. I look forward to working with the President
and my colleagues to tackle first things first.
Ms. COLLINS. Madam President, I rise today to speak in favor of the
motion to commit offered by Senators Hutchison and Thune.
The Hutchison-Thune motion to commit would send the health care bill
to the Senate Finance Committee with instructions to revise the bill in
a revenue-neutral manner, to prevent taxes in the bill from going into
effect before the exchanges are set up in 2014.
The bill makes Americans wait until 2014 to get insurance through the
new ``exchanges,'' but it rolls out new tax hikes starting right away.
Unless we take action to change this, Americans will see 4 years of tax
increases before the chief benefits of this bill become available.
In the 4 years between now and the time the exchanges come online,
Americans will face at least a dozen new or increased taxes and fees
costing $73 billion.
Some of these taxes start in 2 weeks. For example, a new tax on
pharmaceutical manufacturers, which will raise an average of $2.2
billion per year; a new tax on health insurance providers, which will
raise $6.7 billion per year; a new tax on medical device manufacturers,
which will raise $2 billion per year.
Other taxes kick in 1 year from now. These include an increased
penalty on withdrawals from Health Savings Accounts and a new $2,500
cap on FLEX spending accounts.
These new limits and penalties make no sense to me. Why would we want
to impose a penalty on Americans who use money from their FLEX spending
accounts to buy over-the-counter medicine? How is that going to help
make health care more affordable?
But that is not all the bill does with respect to taxes. In 2013, the
bill imposes several more taxes, including a reduction in the tax
deductibility of medical expenses, a new high cost insurance excise
Tax--the so-called Cadillac tax, and an increase in the Medicare
payroll tax for high earners.
These tax increases total $73 billion before 2014, before anyone gets
a dollar of subsidy to purchase health insurance in the new exchanges.
These taxes will be paid right away by Americans in the form of
higher health insurance premiums. This is not just my opinion; this is
what the Congressional Budget concludes too. Here is what the CBO said
about the $6.7 billion annual fee on health insurance providers, which
is scheduled to begin next year:
We expect a very large portion of [the] proposed insurance
industry fee to be borne by purchasers of insurance in the
form of higher premiums.
It is not just taxes on insurance that will be passed on to
consumers. Taxes on pharmaceutical manufacturers and medical devices
makers will also be passed on.
This means that American consumers will see price increases for
everything from insulin pumps, to pacemakers, to power wheelchairs and
drugs like Prilosec.
As the CBO Director has said:
Those fees would increase costs for the affected firms,
which would be passed on to purchasers and would ultimately
raise insurance premiums by a corresponding amount.
The Joint Committee on Taxation shares the CBO's view these tax hikes
will be passed along to consumers.
Once again, I do not see how imposing these new taxes now--before the
exchanges are set up and the chief benefits of the bill are supposed to
become available--makes health care more affordable.
For all of these reasons, I will be voting in favor of the Hutchison-
Thune motion to recommit, and I would urge my colleagues to do the
same.
Motion To Commit
Mr. SANDERS. Madam President, I now move to table Senator Hutchison's
motion to commit, and I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd)
and the Senator from Massachusetts (Mr. Kerry) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Oklahoma (Mr. Inhofe).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 56, nays 41, as follows:
[Rollcall Vote No. 379 Leg.]
YEAS--56
Akaka
Baucus
Begich
Bennet
Bingaman
Boxer
Brown
Burris
Cantwell
Cardin
Carper
Casey
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Franken
Gillibrand
Hagan
Harkin
Inouye
Johnson
Kaufman
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
Menendez
Merkley
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Specter
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NAYS--41
Alexander
Barrasso
Bayh
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Collins
Corker
Cornyn
Crapo
DeMint
Ensign
Enzi
Graham
Grassley
Gregg
Hatch
Hutchison
Isakson
Johanns
Kyl
LeMieux
Lugar
McCain
McConnell
Murkowski
Nelson (NE)
Risch
Roberts
Sessions
Shelby
Snowe
Thune
Vitter
Voinovich
Wicker
NOT VOTING--3
Byrd
Inhofe
Kerry
The motion was agreed to.
Mr. REID. Madam President, I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
vote explanation
Mr. KERRY. Madam President, I was necessarily absent for the
vote on the motion to table the Hutchison motion to commit to the
health care bill, H.R. 3590. If I were able to attend today's session,
I would have voted to table the Hutchison motion to commit.
____________________
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
Mr. REID. Madam President, I ask the Chair to lay before the Senate a
message from the House with respect to H.R. 3326, the Department of
Defense Appropriations Act.
The PRESIDING OFFICER. The Chair lays before the Senate the message
from the House.
H.R. 3326
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 3326) entitled ``An Act making
appropriations for the Department of Defense for the fiscal
year ending September 30, 2010, and for other purposes'',
with a House amendment to Senate Amendment.
Cloture Motion
Mr. REID. Madam President, I move to concur in the House amendment,
and I send a cloture motion to the desk.
The PRESIDING OFFICER. The clerk will report the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the motion to
concur in the House amendment to the Senate amendment to H.R.
3326, the Department of Defense Appropriations Act for Fiscal
Year 2010.
Daniel K. Inouye, Harry Reid, Max Baucus, Patrick J.
Leahy, Sheldon Whitehouse, Carl Levin, Patty Murray,
Mark Begich, Maria Cantwell, Mark L. Pryor, Jack Reed,
Edward E. Kaufman, Al Franken, Tom Harkin, Jim Webb,
Paul G. Kirk, Jr., Michael F. Bennet.
[[Page 31980]]
Amendment No. 3248
Mr. REID. Madam President, I move to concur in the House amendment
with an amendment, which is at the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Nevada (Mr. Reid) moves to concur in the
House amendment to the Senate amendment with an amendment
numbered 3248.
Mr. REID. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the House amendment, insert the following:
The provisions of this Act shall become effective 5 days
after enactment.
Mr. REID. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 3252 to Amendment No. 3248
Mr. REID. Madam President, I have an amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The Senator from Nevada (Mr. Reid) proposes an amendment
numbered 3252 to amendment No. 3248.
Mr. REID. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike ``5 days'' and insert ``1 day''.
Motion to Refer/Amendment No. 3249
Mr. REID. Madam President, I have a motion to refer, with
instructions, at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Nevada (Mr. Reid) moves to refer H.R. 3326
to the Committee on Appropriations with instructions to
report back with the following amendment No. 3249:
At the end, insert the following:
The Appropriations Committee is requested to study the
impact of any delay in implementing the provisions of the Act
on service members' families.
Mr. REID. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 3250
Mr. REID. Madam President, I have an amendment to my instructions at
the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Nevada (Mr. Reid) proposes an amendment
numbered 3250 to the instructions of amendment No. 3249.
Mr. REID. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end, add the following:
``and the health care provided to those service members.''
Mr. REID. Madam President, I ask for the yeas and nays on the
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 3251 to Amendment No. 3250
Mr. REID. Madam President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Nevada (Mr. Reid) proposes an amendment
numbered 3251 to amendment 3250.
Mr. REID. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end, add the following:
``and the children of service members.''
Mr. REID. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
Mr. ENSIGN. I object.
The PRESIDING OFFICER. Objection is heard. The clerk will continue
calling the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. It is my understanding that the Senator from Texas wishes
to speak for up to 5 minutes. I ask unanimous consent that she be
recognized, and following that Senator Durbin be recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Texas is recognized.
Mrs. HUTCHISON. Madam President, I thank the majority leader for
allowing me to speak because I am very concerned about a precedent that
has been set on the floor in this last vote.
When the Senator from Vermont withdrew his amendment and started
talking, my motion to commit was the measure pending on the floor. I
did not have notice--which is the normal procedure here--to be able to
talk on my motion. We had no idea there would be a motion to table my
motion before I had a chance to close.
Here is my point. The measure that was tabled, the Hutchison-Thune
motion, would have assured the American people that there would not be
4 years of tax collection before any kind of program would be put
forward under the health care reform package. I thought it was very
important that Senator Thune and I be able to close on that. That is a
concept we have always had in the Senate--that a program starts when it
starts. That means if taxes are included, the taxes will start when the
program starts. That is not the case in the underlying bill. The
underlying health care reform bill has 4 years of taxes. There will be
taxes on insurance companies that will surely raise the premium of
every insurance policy in America. There are taxes on prescription drug
companies, so that prescription drug prices will surely go up. There
are taxes on medical device companies, so the prices on health care
equipment will also go up. How much are we talking about? We are
talking about $100 billion in taxes that will start in 3 weeks--in
January of 2010. Again, we are looking at taxes that will start in 3
weeks, next month, which will accumulate up to $73 billion before a
program is implemented that will give anyone a choice of an affordable
health care option.
That is the motion that was tabled 10 minutes ago. I want to make
sure everyone knows I never had a chance to close on the motion.
Senator Thune didn't have a chance to close, because it was a motion
made that could not be objected to. That is not the way things have
operated here in the past, and I think it is time we bring back the
traditions of the Senate, where we have time that we agree to,
everybody has their say, and then we go forward.
I am very concerned about that process. I hope it is not setting
precedent because I think we can resurrect health care reform if we
have a bipartisan health care effort. If we have an effort that will
bring down the costs, that will increase the risk pools so that an
employer will be able to afford to offer employees health care
coverage, bring down the costs of health care with medical malpractice
reform that would save $54 billion in the system, we can do things
without a government takeover of health care. But the bill that is
before us has $\1/2\ trillion in Medicare cuts--Medicare cuts, $\1/2\
trillion--and $\1/2\ trillion in new taxes--taxes on businesses that
offer not enough coverage, businesses that offer too much coverage, a
40-percent excise tax on policies that give what is called Cadillac
coverage, the high benefit plans. So if you have a good insurance
policy, you
[[Page 31981]]
have a 40-percent tax on top of the premium you pay. And if you have
too little coverage, you also get taxed. You are whipsawed in this
bill.
I think the small business people of this country know what this bill
is about because that is the comment we are getting. They are the
people calling into our offices. They are the people I see on the
airplanes as I go back and forth to try to make sure we are covering
the bases on this bill and trying to let the American people know what
is in it.
I am concerned about the precedent that was set, but more than that,
I am concerned that the American people must know that if this bill
passes as it is on the floor today, the taxes will take effect in 3
weeks, that insurance premiums will surely go up, prescription drugs
will surely go up, prices on medical equipment will surely go up, and
there will not be an affordable insurance plan for people to choose to
take for 4 years. It is like buying a house and having the mortgage
company hand you the keys and say: Come back in 4 years, and we will
let you unlock the door.
I don't think that is transparency, and it is certainly not health
care reform. I hope there is still a chance that we can bring this body
to a bipartisan effort that will allow lower premiums, more health care
options for the people of this country but, most important, that will
keep the quality of health care, the choices we have in health care
that Americans have come to expect and not start going on the road to a
single-payer system because in the end, that is what the bill before us
will lead to. It will be a single-payer system. It will take choices
out. It will take quality out.
It will add taxes and burdens on our small businesses at a time when
they need to be able to hire people to get our economy going and to get
that jobless rate down. We need them to employ people. We need to
encourage our employers to employ people. They cannot do it if we put
more taxes and burdens on them, which is what the bill before us does.
I thank the majority leader for allowing me to speak since I did not
have a chance to speak before my motion was tabled. I hope the American
people are listening because we have a chance to do this right. The
bill on the floor today is not that bill.
I yield the floor.
The PRESIDING OFFICER (Mr. Burris). The Senator from Illinois is
recognized.
Mr. DURBIN. Mr. President, I thank the Senator from Texas. I am glad
she had an opportunity to speak. We disagree on this issue, but I am
glad she had her opportunity to speak.
I hear from different people. Obviously, we must ride on different
planes because the people I speak with are anxious to see some change
in this health care system and know that 14,000 Americans lose their
health insurance every single day. They know that most people cannot
afford health insurance because of the increase in costs.
I say to the Senator from Texas, she is my friend and we have worked
on many issues in the past, but we disagree on this issue.
I am coming before the Senate with a holiday proposal. Recently there
was a book that was published about World War I. It was about trench
warfare that went on and on with horrendous casualties and lives being
lost. Then there came a moment, a Christmas moment, when they decided
to call a truce because of Christmas and play a soccer game. The Allied
and Axis troops came out and, for a brief moment, stopped the war,
played the soccer game, and went back to the trenches and the next day
started shooting again.
I am looking for a holiday truce here for our troops because what we
have before us right now is the Department of Defense appropriations
bill. Although Senator Hutchison and I clearly disagree and many
Members on both sides clearly disagree when it comes to health care,
there is no disagreement when it comes to our troops. Every one of us
supports our troops. Every one of us wants to make sure they have what
they need, the resources they need to perform their mission
successfully and come home safely.
This bill that is before us, this Department of Defense
appropriations conference report, is an attempt for us to do something
to help these troops in time of war. I would hope I could appeal to my
colleagues on the other side of the aisle that for one brief, shining
moment in the spirit of the holiday we set aside our political
differences for the sake of our men and women in uniform.
The point I am getting to is that if we go through the ordinary,
tortured procedure and wait, it is going to take us days to complete
this bill for our troops. I hope we can show good faith on both sides
of the aisle and overcome that. I hope we could enter into a consent
agreement among Republicans and Democrats because I know as I stand
here that the Republicans feel as the Democrats do--that we should
provide funding for our overseas operations of our men and women in
uniform.
In this bill, $101 billion is included for operations and maintenance
for ongoing military operations in Iraq and Afghanistan and to support
the preparations to continue the withdrawal from Iraq.
In this bill, there is $23.36 billion for equipment. We want to make
sure our men and women in uniform have the equipment they need to make
certain they are safe and have what they need to come home safely.
There is also a pay raise in this bill, a 3.4-percent pay raise. Does
anyone dispute the need that our military has to be recognized for what
they have given our country and be given a pay raise?
When it comes to readiness and training, there is $154 billion for
the defense operation and maintenance account to increase readiness.
In the field of military health care, there is $29 billion for the
Defense Health Program to provide quality care for servicemembers and
their families. It includes, incidentally, $120 million for traumatic
brain injury and psychological health research.
These are issues we have all come together on. We are not arguing
about these issues, and I do not think we should at this moment.
There is $472 million for family advocacy programs and full funding
for Family Support and Yellow Ribbon to provide support to military
families, including quality childcare, job training for spouses, and
expanded counseling and outreach.
There is one other section of the bill--and I will yield for a
question from my friend from Alaska when I complete this point--there
is one other section that relates to the unemployment crisis facing
this country. It is a modest extension of the unemployment benefits.
The last time it was on the floor, I believe it passed 97 to 0. I do
not believe there is any controversy to the fact that we want to extend
unemployment insurance benefits through February 28 of next year. It is
difficult to envision a situation where we would actually leave here to
go home to our families for the holidays and not take care of the
unemployed.
There is also a provision for their health insurance under COBRA and
for food stamps on which we know so many unemployed families rely. It
seems to me if there is one thing in the midst of this political
turmoil we can agree on, it is let's stand behind our troops, let's
make sure people who are unemployed have a happy holiday season. Why do
we want a tortured process to reach a ``yes'' on this conference
report? I appeal to my colleagues on the other side of the aisle to
make this a bipartisan effort. Let's do this part. We can return to the
health care bill and the debate. But let's get this done and do it
without all the necessary motions and time that may be spent.
I yield for a question from the Senator from Alaska.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. BEGICH. Mr. President, I appreciate the Senator from Illinois
bringing up what I consider a very most important piece of legislation
to Alaska. Eleven percent of our population are veterans. We have
thousands of military individuals in our State.
I am new to the process. One of the questions I have for the
Senator--and I
[[Page 31982]]
hope he can enlighten me and also enlighten the whole public watching--
this is probably one of the most important departments at this time. We
are in two wars. Can the Senator give me an explanation? In the past--
Senator Durbin started to do it--the Defense bill seemed to be one of
those bills where we all came together. It is a bipartisan approach. I
know as members of the Armed Services Committee, it seems every time we
deal with these issues we are unified.
Help me to understand why this is something that seems to be
controversial and yet should be so simple for us to do.
Mr. DURBIN. I say in response to the Senator from Alaska, I think it
is the moment. If we were in a different political environment, I think
the Republican Senators and Democratic Senators would agree that this
should go through and go through quickly. But we have been caught up
for weeks now in debate and controversy, and this bill has been tossed
into that environment. That is the explanation because I do not think
there is a single provision I read here that Republican Senators do not
support, as the Democratic Senators support. That is why I made my
suggestion.
Mr. BEGICH. Mr. President, if I may ask one more question. That last
statement the Senator from Illinois made, I know as a member of the
Armed Services Committee, I have not heard complaints about this bill
from anyone from the other side. I am asking, from a leadership
position, have we heard any complaints on this legislation? Is it just
that, it is the moment in time?
Mr. DURBIN. I say in response to the Senator from Alaska, it does
include some provisions relative to the unemployed. There were other
things that could have been included by the House, but we reached out
to the Republican side and asked: Are any of these problematic? By and
large, they said here are the things you should not include, and we did
not. We did our best to ensure we brought a noncontroversial bill for
consideration.
Mr. BEGICH. I thank the Senator.
Ms. STABENOW. Will the Senator yield for a question?
Mr. DURBIN. I am happy to yield to the Senator from Michigan.
Ms. STABENOW. Mr. President, from the Senator's explanation and from
what we have been working on, I want the Senator to clarify two things.
First of all, we could do this conference report today if there were
a willingness and, secondly, we have a pay raise for our troops that is
coming right before Christmas, the holidays, help for families, help
for those who have lost their jobs and are trying to figure out how
they keep their health care going, and help for people who are trying
to put food on the table for the holidays; is that correct? I ask the
Senator to expand. As I understand it, we could actually get this done
today and give people some peace of mind going into the holidays.
Mr. DURBIN. I say to the Senator from Michigan, yes, we could enter
into a consent agreement now and pass this conference report without
controversy, and I bet you it would get a unanimous vote.
As the Senator from Michigan described this, everybody here wants to
make sure we take care of our troops. We received a unanimous vote, if
memory serves me, the last time we extended unemployment benefits. I
think most Members want to stand up and help those who are unemployed
through this difficult time of unemployment in our country.
If there ever were a bill to bring us together in those two areas--
helping our troops and helping the unemployed--this is the bill.
Ms. STABENOW. Mr. President, I wish to ask another question of the
Senator from Illinois. If, in fact, the Senator from Illinois is
finding the same thing I am right now--certainly, we have the highest
unemployment rate in Michigan--and we are hearing it from all over the
country; we are hearing from people that their unemployment benefits
are about to expire. They are trying to figure out how they are going
to make it through the next few months.
There are particular concerns that if we do not extend it by the end
of the year that, in fact, many will have to go out and resign up with
a new bureaucracy to continue benefits.
I wonder if the Senator has heard the same kinds of concerns and
sense of urgency people have about being able to keep a roof over their
head, keep food on the table, and keep their health care going--the
same sense of urgency that I know we are feeling from people in
Michigan?
Mr. DURBIN. I say in response to the Senator from Michigan, through
the Chair, that I am happy to read the latest unemployment statistics
showing the number of people declared unemployed each month is going
down. We will not feel good about it until it is turned around and we
are creating jobs again, which I hope is soon.
In the meantime, we have about six unemployed people for every job
that is available. These people are in a market that is terrible, and
they are trying their best. Some have gone back to school. Some are
getting training courses. Some are trying to keep things together with
their family and not lose their home because of unemployment.
I am sure the Senator from Michigan has met with the unemployed in
Michigan, as I have in Illinois. Some are, little by little, exhausting
the savings they have. Even with COBRA, many people find the COBRA
provision, which gives people a chance to buy insurance at discounts,
is still too expensive. They are without a job. They are running the
risk of losing their home. They are without health insurance for their
children and are desperately looking for a job. We certainly do not
want to put them in a situation where there is a question mark as to
whether after December 31 the unemployment check will be there next
month. I think it is that peace of mind we owe these folks caught up in
the bad circumstances of our economy.
Ms. STABENOW. If I may conclude, to clarify, we can get this done
today. We can create that peace of mind for families going into the
holidays, going into Christmas, into the end of the year. We could
actually do that today in the next few hours?
Mr. DURBIN. That is correct, I say to the Senator from Michigan, we
can. Earlier we were embroiled in the reading of an amendment that
would have literally consumed the entire day and forced us into another
day's time and run the risk of not providing money for the troops when
the continuing resolution, the funding resolution, ran out.
The Senator from Vermont withdrew his amendment, and now we have
moved to this bill. But there is nothing stopping us. A consent
agreement can be entered into by both sides of the aisle that can move
this through quickly and say to our troops: We are with you.
I yield to the Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, will the Senator from Illinois yield
for a question?
Mr. DURBIN. I will be happy to yield.
Mr. WHITEHOUSE. I am interested in the parliamentary situation that
took place earlier whereby one of our Members was actually obliged to
withdraw an amendment that was going to be voted on by all of us
because of an insistence on the part of the other side that 800 pages
be read by our poor clerk before that vote should take place.
I have also heard the other side say that we want to get going, we
want to move toward votes. I would be interested in the reflections of
the distinguished majority whip on the extent to which a procedural
objection to force the clerk to read 800 pages of an amendment, and
deny one of our colleagues his vote, fairly represents a desire to move
forward and get through our votes.
Mr. DURBIN. I would say in response to the Senator from Rhode Island,
we have heard repeatedly that people want amendment, debate, and a
vote. What happened on the floor today, when Senator Coburn of Oklahoma
refused to give consent to suspending the reading of the amendment, is
that the clerk--clerks, I should say--were forced to start reading. As
good as they are at reading, the fact is, it was going to
[[Page 31983]]
take up to 10 hours to read this amendment. During that 10-hour period
of time, nothing could happen--no debate, no amendments--nothing other
than listening to the clerks' melodious voices. Fortunately for us, the
Senator from Vermont stepped up and said: I withdraw the amendment. But
if there was a true interest in debate and amendments on health care,
it is inconsistent to say we are going to take a day out of the whole
affair and read an amendment.
I can tell you, as I said to the Senator from Oklahoma, I can't
believe there is a person in America who sat glued to the C-SPAN
television listening to this amendment so they would understand it. It
is a very complicated amendment page by page but, in general,
understandable. The Senator from Vermont was seeking a single-payer
health care system. It was not likely to pass, but it is something he
believes in fervently and he wanted to offer it. So I would say the
strategy on the floor today belies any request that we have more debate
and more amendments.
Before the Senator from Rhode Island continues, I think this has been
cleared on both sides, but I ask unanimous consent that the time until
6:15 p.m. be equally divided between the two sides, with Senators
permitted to speak for up to 15 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WHITEHOUSE. If the Senator from Illinois would yield for another
question.
I was elected just about 3 years ago, and I came in with the new
majority, so I did not have a chance to serve in this body when there
was a Republican President and a Republican majority. I wonder if the
Senator, who was here at that time, would reflect on how the other side
viewed Defense appropriations for our troops during the Iraq war when
they were in the majority. Were they desirous of delay and obstruction
and debate and procedural maneuver on Defense appropriations at that
time or is this a new strategy of theirs?
Mr. DURBIN. I would say to my colleague from Rhode Island that
exactly the opposite was true. They wanted to move quickly to pass any
appropriations bill to make certain there was no question in the minds
of our men and women in uniform that we were standing with them, and we
did. I don't believe even those of us who voted against the invasion of
Iraq tried to stop the proceedings from funding the troops, regardless
of what our votes might be.
So I think it would be consistent now for our colleagues on the other
side of the aisle to join us, in a bipartisan fashion, to say whatever
differences on other issues, such as health care, let's let the troops
know this holiday season we stand behind them--Republicans and
Democrats--and let's do it in an efficient and effective way.
Since this unanimous consent request has been granted, I am going to
yield the floor and any of my colleagues who wish to speak, it will be
equally divided time for the next 2 hours.
At this time, I yield the floor. Mr. President, if no one seeks time,
I suggest the absence of a quorum and I ask unanimous consent that
during the time of the quorum the time be equally divided between both
sides.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LeMIEUX. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Florida is recognized.
Mr. LeMIEUX. Mr. President, while we have been here discussing health
care, the clock has been ticking on our national debt. Just in the
first 2 months of this fiscal year, we have accumulated $296 billion in
debt. We took in revenues of $268 billion, and we spent $565 billion.
We spent double what we took in just in the first 2 months of the
fiscal year.
I know you are new to this Chamber, Mr. President, as am I. I have
only been here 90 days, but I have been here long enough to know this
system is broken. It doesn't work. Neither this body nor the body
across the Capitol has an ability to make ends meet. We continue to
spend money we do not have. We spend the money of our children and our
grandchildren. Right now we have a $12 trillion debt. It took us 167
years in this country just to amass a $1 trillion debt in 1982. Now we
are at $12 trillion. Every family in this country is now responsible
for $100,000 of debt.
Where are we getting this money? We are borrowing it from countries
such as China, and it is hurting our standing in the world. Central
banks that hold American currency are shedding those dollars because
they no longer believe our country is a good investment. I worry about
our children and our grandchildren. I have three sons, as you know,
Max, Taylor and Chase--they are 6, 4 and 2--and we have a baby on the
way in March. I am very worried that my children will not be able to
experience the American dream like you and I have; to be able to be in
the Senate, to be able to achieve all of our goals, whether in public
service or in private. I do not believe America is going to be the same
place for them, that it is going to hold the same opportunities because
I believe this debt is going to strangle us.
If this body and the body across the Capitol don't figure out we need
to start making ends meet and stop spending the dollars of future
generations, this country will not be the leader of the world. It will
not have the promise we have all enjoyed.
I rise today to speak about S.J. Res. 22, which I filed yesterday. It
is a constitutional amendment that requires the Congress to balance its
budget and also gives to the President of the United States a line-item
veto so he, like most of the Governors in this country, can strike out
inappropriate budget items, these earmarks that you hear about.
Senator McCain spoke this weekend about $2.5 million to the
University of Nebraska to study operations and medical procedures in
space. We cannot afford that program under any circumstance, and we
certainly can't afford programs like that when we are $12 trillion in
debt. These dollar numbers are so big they are hard to comprehend.
What does $1 trillion mean? What does $1 billion mean? In Washington
we throw these amounts around, and we do not even comprehend them. I
know for the American people at home it is hard to get their minds
around how much money this is. I have said this on the Senate floor
before, and I am going to keep saying it so people understand that
every dollar we spend is a choice.
One million dollars laid edge to edge on the ground would cover two
football fields. One billion dollars laid edge to edge on the ground
would cover the city of Key West, FL, 3.7 square miles. And $1 trillion
would cover the State of Rhode Island--twice. If you stacked them on
the ground going up into the sky, it would be 600 miles of one-dollar
bills.
Every dollar is a choice, and these numbers are out of control. Just
this past Saturday we voted on a spending bill, a spending bill that
had a 12-percent increase and $40 billion more than last year. I want
to give the American people the sense of what you could do with this
kind of money, what good you could do or, better yet, you could give it
back to the American people and they could decide what good they could
do with those dollars for their families.
With $100 billion, we could give every Floridian a $5,000 tax cut.
With $200 billion we could pay the salary of every teacher for a
year. With $300 billion we could pay first-year tuition at a university
of their choice for every kid who is in K-12. With $400 billion, we
could build high-speed rail for 10,000 miles. We could connect Key West
to Anchorage and back.
Every dollar is a choice. We are spending money out of control.
Similar to those who have come before me, I will sound the alarm
because we still haven't done anything about this problem. There are
good measures out
[[Page 31984]]
there. Senator Gregg from New Hampshire has a measure, along with
Senator Conrad, to put together a commission. I support that. Senator
Sessions has a measure to bring caps back. Up until about 2002, we
actually were making headway against the budget. Then those caps
expired and spending went out of control.
I support all those efforts. I support any effort to bring spending
under control. This body doesn't have any leadership on spending. Look
at what we spend. We don't look at the revenues coming in the door.
I served as chief of staff to a Governor in Florida. When the budget
started to go bad in 2007, I was on the phone monthly with the person
who determined our receipts. I knew in Florida we could only spend as
much money as we had. This institution does not work that way. No one
even checks to see what kind of money we are bringing in. We just
spend.
I wish to talk to the American people about articles in the Wall
Street Journal of today. This is not a Democratic problem or a
Republican problem. This is a problem of this institution. The article
is titled ``The Audacity of Debt.'' I wish to read one paragraph. I ask
unanimous consent that the full article be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Wall Street Journal, Dec. 16, 2009]
The Audacity of Debt
Comparing today's deficits to those in the 1980s
At least someone in America isn't feeling a credit
squeeze: Uncle Sam. This week Congress will vote to raise the
national debt ceiling by nearly $2 trillion, to a total of
$14 trillion. In this economy, everyone de-leverages except
government.
It's a sign of how deep the fiscal pathologies run in this
Congress that $2 trillion will buy the federal government
only one year before it has to seek another debt hike--
conveniently timed to come after the midterm elections. Since
Democrats began running Congress again in 2007, the federal
debt limit has climbed by 39 percent. The new hike will lift
the borrowing cap by another 15 percent.
There is surely bipartisan blame for this government debt
boom. George W. Bush approved gigantic spending increases for
Medicare and bailouts. He also sponsored the first
ineffective``stimulus'' in February 2008--consisting of $168
billion in tax rebates and spending that depleted federal
revenues in return for no economic lift.
Democrats ridiculed Mr. Bush as ``the most fiscally
irresponsible President in history,'' but then they saw him
and raised. They took an $800 billion deficit and made it
$1.4 trillion in 2009 and perhaps that high again in 2010. In
10 months they have approved more than $1 trillion in
spending that has saved union public jobs but has done little
to assist private job creation. Still to come is the
multitrillion-dollar health bill and another $100 billion to
$200 billion ``jobs'' bill.
We've never obsessed over the budget deficit, because the
true cost of government is the amount it spends, not the
amount it borrows. Milton Friedman used to say that the
nation would be far better off with a budget half the current
size but with larger deficits. Mr. Obama and his allies in
Congress have done the opposite: They have increased the
budget by 50 percent and financed the spending with IOUs.
Our concern is that the Administration and Congress view
this debt as a way to force a permanently higher tax base for
decades to come. The liberal grand strategy is to use their
accidentally large majorities this year to pass new
entitlements that start small but will explode in future
years. U.S. creditors will then demand higher taxes--taking
income taxes back to their pre-Reagan rates and adding a
value-added tax too. This would expand federal spending as a
share of GDP to as much as 30 percent from the pre-crisis 20
percent.
Remember the 1980s and 1990s when liberals said they
worried about the debt? We now know they were faking it. When
the Gipper chopped income and business tax rates by roughly
25 percent and then authorized a military build-up, Democrats
and their favorite economists predicted doom for a decade.
The late Paul Samuelson, the revered dean of the neo-
Keynesians, expressed the prevailing view in those days when
he called the Reagan deficits ``an all-consuming evil.''
But wait: Those ``evil'' Reagan deficits averaged less than
$200 billion a year, or about one-quarter as large in real
terms as today's deficit. The national debt held by the
public reached its peak in the Reagan years at 40.9 percent,
and hit 49.2 percent in 1995--This year debt will hit 61
percent of GDP, heading to 68 percent soon even by the White
House's optimistic estimates.
Our view is that there is good and bad public borrowing. In
the 1980s federal deficits financed a military buildup that
ended the Cold War (leading to an annual peace dividend in
the 1990s of 3 percent of GDP), as well as tax cuts that
ended the stagflation of the 1970s and began 25 years of
prosperity. Those were high return investments.
Today's debt has financed . . . what exactly? The TARP
money did undergird the financial system for a time and is
now being repaid. But most of the rest has been spent on a
political wish list of public programs ranging from
unemployment insurance to wind turbines to tax credits for
golf carts. Borrowing for such low return purposes makes
America poorer in the long run.
By the way, today's spending and debt totals don't account
for the higher debt-servicing costs that are sure to come.
The President's own budget office forecasts that annual
interest payments by 2019 will be $774 billion, which will be
more than the federal government will spend that year on
national defense, education, transportation--in fact, all
nondefense discretionary programs.
Democrats want to pass the debt limit increase as a
stowaway on the defense funding bill, hoping that few will
notice while pledging to reduce spending at some future date.
Republicans ought to force a long and careful debate that
educates the public. Ultimately, the U.S. government has to
pay its bills and the debt limit bill will have to pass. But
debt limit votes are one of the few times historically when
taxpayer advocates have leverage on Capitol Hill. Republicans
and Democrats who care should use it to discuss genuine ways
to put Washington on a renewed and tighter spending regime.
``Washington is shifting the burden of bad choices today
onto the backs of our children and grandchildren,'' Senator
Barack Obama said during the 2006 debt-ceiling debate.
``America has a debt problem and a failure of leadership.
Americans deserve better.'' That was $2 trillion ago, when
someone else was President.
Mr. LeMIEUX. Reading from the Wall Street Journal:
Democrats ridiculed Mr. Bush as ``the most fiscally
irresponsible President in history,'' but then they saw him
and raised. They took an $800 billion deficit and made it
$1.4 trillion in 2009 and perhaps that high again in 2010. In
10 months they have approved more than $1 trillion in
spending that has saved union public jobs but has done little
to assist private job creation. Still to come is this
multitrillion-dollar health care bill and another $100
billion to $200 billion ``jobs'' bill.
We can't afford the programs we have, let alone the programs we want.
I filed this joint resolution to have a balanced budget. I filed the
joint resolution to give the President the line-item veto like
Governors do. I know I am tilting at windmills. I know there are very
few people in this Chamber or the Chamber down the hall who have the
courage to do this. They are part of the process. They go along and get
along. But I am fresh enough to still remember how things work in the
real world. We have to change things. Our children are not going to
have this great country. I am so afraid that one of my kids is going to
come to me when they are 18 or 22 and say: Dad, I am going to go to
another country to make my living. I am going to go to Ireland or Chile
or India because I have a better opportunity there to succeed. I can't
pay 60 percent in taxes. I can't assume what will then be a $23 or $30
billion debt.
We are not even talking about all the entitlements we haven't paid
for. We are not talking about all the money we have raided out of
Medicare and Social Security in order to pay for current expenses. Some
people say those obligations are more than $60 trillion, numbers we
can't even comprehend.
I filed this resolution. I will send a letter to every Governor
asking them to adopt it in advance of the Congress taking it up. A
constitutional amendment requires two-thirds of both Chambers and
three-quarters of the States. They can act first. They can send letters
and resolutions from their legislators to this legislative body and
say: Get your act under control.
It affects them too. This new health care bill is going to send an
unfunded mandate to the States and increase Medicaid from 100 percent
of poverty to 133 percent. They will have to pay that bill. It is going
to cost Florida in 10 years almost $1 billion. Right now, in Florida,
the No. 1 expenditure in our budget is Medicaid. Because we balance our
budget, that means we take money away from teachers and education. That
means we take money away from law enforcement. It is out of control.
I am here to say the siren is sounding. The ship is going to hit the
iceberg. We can't make just incremental
[[Page 31985]]
change because then we will just hit the side of the iceberg. We have
to make substantial change. The people in this body have to have the
courage to do it. We can't just go along and get along as we have
before. We cannot be tone deaf. The American people are onto us. They
understand we are spending money we don't have. I will not stand by and
let this great country fall into decline without at least arguing and
pushing as strenuously as I can for a solution. I am willing to work
with men and women of good will on both sides of the aisle to solve the
problem. I am new here. I might not have all the answers. I probably
don't. But I will surely work hard. I know this is one solution. If
every State can have a balanced budget amendment and 43 States can have
a line-item veto, why can't this body?
I have filed this resolution. I look forward to talking about it
more. I hope this body will take it seriously. I see my friend from
Massachusetts is here. He also is new to this body, although he spent
many years working here. We have to do things differently. We throw
around billions and trillions like it is just nickles and dimes in our
pockets. It is not. Every dollar is a choice. It is a choice to make.
If we don't make the right choice, it will be a choice our children and
grandchildren will suffer under.
I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KIRK. Mr. President, ``The need for comprehensive national health
insurance and concomitant changes in the organization and delivery of
health care in the United States is the single most important issue of
health policy today.'' Those are not my words. Those are the words of
Senator Edward M. Kennedy. The ``today'' of which he spoke was December
16, 1969, exactly 40 years ago today. It was his first major speech on
health care reform, and I was privileged to be a young member of his
staff. He delivered that speech to a group of physicians at Boston
University Medical Center.
Senator Kennedy went on to say:
If we are to reach our goal of bringing adequate health
care to all our citizens, we must have full cooperation
between Congress, the administration, and the health
professionals. We already possess the knowledge and the
technology to achieve our goal. All we need is the will. The
challenge is enormous, but I am confident that we are all
equal to the task.
The world has progressed in many ways since he spoke those words four
decades ago, but our health care system has not. In 1969, the United
States spent $18 billion on health care. Today we spend over $2
trillion a year. Senator Kennedy pointed out, in 1969, that the Nation
faced a shortage of primary care doctors. The reimbursement rates for
physicians treating Medicare and Medicaid patients were too low. There
was a need to support greater innovation in delivering care, and
neighborhood health centers were underfunded. He said we needed to
develop an effective means of providing quality, affordable care to all
Americans, regardless of their standing in life.
Does all this sound familiar? Yes. But that was then and this is now.
In recent weeks, Senators on both sides of the aisle have come to
this floor to debate the merits of the Patient Protection and
Affordable Care Act. We have had our differences of opinion, to be
sure. But on one issue there is no dispute. When it comes to our health
care system, there is no such thing as a status quo. We will move
forward or we will continue to fall behind.
Here is what we will face, if we do not pass this reform. Premiums
will skyrocket and could consume as much as 45 percent of a median
family's income by 2016. Bankruptcies will increase due to families not
being able to afford their medical costs. More Americans will be
uninsured. Small and large businesses will suffer financially due to
health cost increases. Health care could constitute as much as 28
percent of our Nation's GDP by 2030. Fifteen percent of the Federal
budget could be dedicated to Medicare and Medicaid by 2040.
Ted Kennedy had a keen sense of history. He knew Germany adopted the
idea of national health insurance in the 1880s, that Britain, France,
and a number of other European nations embraced the concept after the
First World War, that Canada has had a publicly funded system since the
1950s. He would ask, as he did in 1969 and again in 2009: If all these
nations understood long ago that their economic health was ultimately
tied to the health of their people, why does the United States stand
alone as the only major industrial nation in the world that fails to
guarantee health care for all its citizens?
It is not that we have never sought this goal in the past.
Presidents, Republicans and Democrats, over many decades, have proposed
national health insurance in America. Presidents Theodore Roosevelt,
Franklin Roosevelt, Harry Truman, John F. Kennedy, Richard Nixon, and
Bill Clinton all made health reform a part of their agenda. Now we
stand on the threshold of history. Never has this country been so close
to bringing affordable, quality health care to millions of America's
families. Today, under President Obama's leadership, the goal is within
our reach. Failure is not an option. All interested parties have been
brought to the table. Physicians, hospitals, insurance companies, small
businesses, pharmaceutical companies, and many others have had an
opportunity to present their suggestions and offer their input. Dozens
of hearings were held on all topics related to this issue.
The House of Representatives has acted. The Senate HELP Committee,
through the diligence of Senators Kennedy, Dodd, and Harkin and the
Finance Committee, under the leadership of Senator Baucus, held lengthy
executive sessions that discussed all areas of reform and delivered and
developed their respective bills. Due to the hard work and tireless
patience of the majority leader, we have one merged bill before us, a
single piece of legislation which will improve the lives of millions of
Americans in the following ways. It expands coverage to an additional
31 million Americans, bringing health insurance to almost 94 percent of
our citizens. It saves money by rewarding the quality and value of
care, not the quantity and volume of care. It controls the cost of
skyrocketing premiums and limits out-of-pocket expenses. It reduces the
Federal deficit by an estimated $130 billion in the first 10 years and
an estimated $650 billion in the second 10 years. It stimulates
competition in the health insurance marketplace through establishment
of exchanges. It strengthens Medicare by reducing unnecessary spending,
lowering prescription costs, and closing the so-called doughnut hole.
It attacks fraudulent and wasteful spending and helps to correct abuses
in the system. It rewards wellness and prevention by expanding access
to advice on how to live a healthy lifestyle by practicing good
nutrition, increasing physical activity, and quitting smoking.
It eliminates unfair discrimination against patients by preventing
insurance firms from denying certain coverage to women or to
individuals with preexisting conditions.
It promotes flexibility and innovation in new health care
technologies. It introduces a self-funded, voluntary choice for long-
term services and support for the elderly and disabled. Most of all, it
saves lives by providing affordable, quality care for individuals,
families, and small businesses.
In my State of Massachusetts, because of our successful reform, the
rate of the uninsured has been reduced to 2.7 percent of the
population, and the lives of thousands of citizens of our Commonwealth
have been immeasurably improved.
Carol's case is one example. Carol did not realize the importance of
having quality, affordable health insurance until she was confronted
with the gravity of her own health problems. She is a 24-year-old woman
suffering from seizures and desperately in need of help.
She remembers having occasional seizures as a child. They occurred
mostly when she was overtired. As Carol grew older, the seizures became
more frequent. One day, she had an episode when driving her car.
Fortunately, her passenger was able to assist her. But that frightening
incident convinced Carol to seek professional help.
[[Page 31986]]
She learned about the assistance of Health Care For All, the
Massachusetts organization dedicated to making quality, affordable
health care accessible to everyone. She applied and was declared
eligible for Commonwealth Care. She immediately went to see a
specialist and was given the health care she needed.
Carol expressed her gratitude in these words:
I definitely feel blessed to be a Massachusetts resident. I
can't thank Health Care For All and MassHealth enough for all
the support given to me. The Helpline counselors literally
held my hands and brought me to live a healthy life, where
there is no fear or embarrassment, but there is knowledge and
a total control of my seizures. So, thank you so much all of
you who make this happen in people's lives.
We should all think about Carol and the millions of working families
across the country when we vote for this legislation. It is our
responsibility to enact laws that make a positive difference in
people's lives, and that is what this bill is all about.
Senator Ted Kennedy envisioned a better America where, as he said:
[E]very American--north, south, east, west, young, old--
will have decent, quality health care as a fundamental right
and not a privilege.
This is a historic moment in our national life. We have the chance to
finally complete the work that a respected Republican President called
for over a century ago. Quality health care for all has always been
needed in America but never more than now. The finish line is clearly
in sight. The momentum and the energy are with us, and it is our
obligation to seize this historic moment.
Every Member of this body is aware of the valiant fight Senator
Kennedy waged for his own health during the last 15 months of his life.
Many of you saw him, after receiving radiation and chemotherapy in the
morning in Boston, walk into this Chamber that he loved to cast a
deciding vote in the afternoon on the issue he proudly called the cause
of his life.
While being treated at Massachusetts General Hospital, Senator
Kennedy met a woman named Karen List. Her daughter Emily was one of
many patients receiving a similar regimen of exhausting cancer
treatments. They came from different walks of life, and cancer had
touched them all.
In September 2008, after Emily's long summer of treatments, Karen
wrote about Senator Kennedy and other patients he had met during his
treatment. She wrote:
Now, it is almost fall, and little Caroline is starting
kindergarten. Senator Kennedy, who came from a hospital bed
to speak at the convention, is planning his return to the
Senate in January. Alex, an Apache helicopter pilot, is back
at Fort Campbell and expects to be deployed to Afghanistan in
the New Year. And Emily hopes to be well enough by spring to
return to her life in London. The dream, as Senator Kennedy
promised, does live on.
Mr. President, I ask unanimous consent that the article by Karen List
in the Daily Hampshire Gazette be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Daily Hampshire Gazette, Sept. 8, 2008]
A Champion of Health Comforts his Fellow Patients
(By Karen List)
As Sen. Ted Kennedy's distinctive voice passed the torch at
the Democratic National Convention and promised us that the
dream lives on, all I could think of was that same
distinctive voice several weeks ago calling out: ``Where's
Emily?''
Ted was at the other end of the hall in the Proton Therapy
Center, Dept. of Radiation Oncology, at Massachusetts General
Hospital, where both the senator and my daughter Emily were
being treated for cancer.
The proton beam is cutting-edge treatment for certain types
of tumors, and the MGH center is one of only five in the
country and a handful in the world.
We were lucky to be there, though it was getting
increasingly hard to feel lucky as seven weeks of daily
treatment took their toll on Emily and the other patients at
the center.
They ranged in age from toddlers to the elderly. Little
Caroline was 5. Senator Kennedy was 77. In between them were
Emily, 23, and Alex, 26, two of just a few young adults in
proton beam treatment.
Radiation burn was the worst side effect for many patients,
and it was now preventing Emily from eating or talking. She
was at a low point, and she needed a lift.
We had seen Teddy come and go for several days, slipping in
through a side entrance and out the same way, always
accompanied by his wife, Vicki. When our eyes happened to
meet, we exchanged a thumb's up and were treated to that
Kennedy smile--as distinctive as the voice.
The day before Ted's treatment was to end, Emily's nurse
stopped by the room where she was being treated and pulled
the curtain aside. Several minutes later we heard him call
from the other end of the hallway: ``Where's Emily?'' And
then he was there, talking to her, encouraging her--and just
as quickly, he was gone.
Emily was so excited that she was hopping up and down in
the bed from a reclining position, if such a thing is
possible. But because she couldn't talk, she hadn't been able
to say a word to one of the few politicians she really
admires.
The next day, our nurse delivered the card we'd written to
the senator, explaining how thrilled Emily had been to meet
him and how distressed she was that she couldn't tell him so
herself. On the card was a photo of Emily at her favorite
English pub, smiling her own distinctive smile. She had been
home for a short break from her work interning in the London
Theater when she'd been diagnosed with cancer. Now she was
battling to get her work and her life back.
Teddy had just finished his treatment. This time, as he
came down the hall for the last time, Emily was ready. On the
slate that she'd been using to communicate, she'd written in
purple marker: ``We love you, Ted.'' The senator laughed,
walked to her bedside and whispered to her for a few minutes
in solidarity, while Vicki talked to Emily's dad and me. We
exchanged heartfelt good wishes for each other as they left
the center to return home.
Emily had another week of treatment left. During that time,
her nurse told us how concerned Sen. Kennedy had been about
the other patients, especially the children and young
people--and their parents. He had been through this same
experience with his own son decades earlier when only one
type of chemotherapy was available, unlike the cocktail of
diverse chemo drugs that patients like Emily receive today.
This lifelong champion of health care for all Americans,
especially children, had experienced once again--this time as
the patient himself--what first-rate cancer care could mean.
And he intends to continue fighting for its accessibility to
everyone as the senior Democrat on the Health, Education,
Labor, and Pensions Committee.
On Emily's last day at the center, there was a special gift
waiting for her. Ted had left her a copy of his book, ``My
Senator and Me: A Dog's-Eye View of Washington, D.C.,''
written by him and his dog Splash. It was inscribed: ``To
Emily--Splash and I hope you enjoy.''
And she did. Ted had provided just the encouragement she
needed. He'd also left a stack of books for other young
patients and the book on tape for those whose vision had been
compromised by their treatments.
Now it's almost fall, and little Caroline is starting
kindergarten. Senator Kennedy, who came from a hospital bed
to speak at the convention, is planning his return to the
Senate in January. Alex, an Apache helicopter pilot, is back
at Ft. Campbell and expects to be deployed to Afghanistan in
the New Year. And Emily hopes to be well enough by spring to
return to her life in London.
The dream, as Senator Kennedy promised, does live on.
Mr. KIRK. Karen's was a statement of hope--hope and promise for each
of these patients in the face of daunting odds. Their age did not
matter; their economic status did not matter; each received the highest
quality of health care available. And so it should be for all our
people.
Senator Kennedy understood that we are all connected to one another.
He often referred to President Lincoln's words about our common
humanity and the good that can come to us all when touched ``by the
better angels of our nature.'' And he knew that on no issue are our
futures more connected than on health care.
Ted Kennedy's voice still echoes in this Chamber. His spirit of hope
and strength, of determination and perseverance is still felt here. He
said:
For all my years in public life, I have believed that
America must sail toward the shores of liberty and justice
for all. There is no end to that journey, only the next great
voyage. We know the future will outlast all of us, but I
believe that all of us will live on in the future we make.
Let each of us in this Senate be moved by the better angels of our
nature and make that future a better one for our generation and for
generations to come. As Ted Kennedy said 40 years
[[Page 31987]]
ago: ``All we need is the will.'' This is our time, Mr. President. Let
us pass this legislation now.
Mr. President, I ask unanimous consent that the speech delivered by
Senator Edward M. Kennedy on December 16, 1969, be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Address by Senator Edward M. Kennedy, Lowell Lecture Series, Boston
University Medical Center--Lowell Institute, December 16, 1969
I am delighted to be in Boston today under the auspices of
the Boston University Medical Center and the Lowell Institute
to address this distinguished audience of medical educators,
private physicians, and lay men concerned with the quality of
health care in America.
I am particularly pleased to be here because it gives me
the opportunity to commend the many worthy accomplishments of
the Boston University Medical Center and its School of
Medicine. You have succeeded in breaking down walls that for
decades have turned medicine inward toward the age-old
trinity of patient care, research and teaching. You have
expanded your horizon to embrace the equally important area
beyond your walls--the community in which we live.
For more than 90 years, your Home Medical Service has taken
students into the community and provided model health care
and innovative medical services in the home. Your expanding
programs of new hospital affiliation have brought modern
urban medicine to outlying communities. You have helped to
lead the way in efforts throughout the world to unify cancer
care with cancer research, so that today's advances in the
laboratory become tomorrow's accepted treatment. Your School
of Graduate Dentistry, dedicated in September, will provide
high quality dental care as part of the Medical Center's
total health program for the community.
In the course of the past decade, your pioneering program
in community psychiatry and mental health in the South End
and Roxbury--launched long before the Great Society and the
Office of Economic Opportunity came into being and made such
programs fashionable--have become a model for the nation. You
helped develop what is now the rallying cry for health
planning in America--that new health programs must be
designed with the people and by the people, not just for the
people. As Dr. Handler has so eloquently stated, your far-
reaching role in community involvement is like a man standing
by a river watching people drown:
``Medicine traditionally wades in,'' he said, ``and tries
to save them one at a time. After doing this repeatedly, you
can't help but ask what is happening upstream. It seemed
sensible to go back and find out why all the people were
falling in, and try to do something about it.''
I commend you for your leadership in looking upstream, and
for the remarkable efforts you are making in preventive
community medicine and all the other major areas of this
great center's activity.
Six weeks ago in Springfield, I had the occasion to discuss
what I regard as the single overriding economic issue of the
day--the war against inflation. As I have frequently stated,
the war against inflation is a war that can and must be won
without the cost of heavy unemployment. It is a war that can
and must be won without cutting back on our important
domestic priorities.
Nowhere is the impact of inflation more obvious than in the
rising cost of medical care. Never has the gift of good
health been more precious:
In the last three years, the cost of health has risen by 22
per cent, or nearly double the rise in general consumer
prices.
Hospital daily service charges have soared by the
astronomical rate of 55 per cent, or nearly five times the
rise in consumer prices. The average cost of a hospital day
is now $68. It will rise to $74 next year, and to $98 by
1973.
Physicians' fees have risen by 21 per cent. Doctors line up
at lawyers' offices to form corporations and raid the Federal
Treasury for hundreds of thousands of dollars a year in
deferred taxes.
All of this inflation has occurred during the early years
of Medicare and the troubled Medicaid program. The most
rewarding experience of Medicare has been its success in
solving the serious problem of health costs for our poor and
our aged citizens. In spite of inflation, Medicare has been
immensely popular. It is liked and accepted by the people.
The most painful experience of Medicare and Medicaid has
been their unfulfilled promise. We sought to spread the
benefits of medical science and technology to millions of
Americans, without considering the anachronistic and obsolete
structure of the system by which the health services would be
delivered. Unwisely, as many experts have recognized, we
assumed that all that stood between our poor and aged
citizens and high quality medical care was a money ticket
into the mainstream of modern American medicine.
We know now that we were wrong. The money ticket was
important, but it was not enough to solve the problem. In the
years since Medicare and Medicaid were enacted, we have
learned that medical insurance and payment programs could not
be translated instantaneously into more doctors, more nurses,
more health facilities, or better organization of the
delivery system.
In wedding new purchasing power to the already existing
demand for health services, we did nothing to solve an
already intolerable situation. The cost of health care began
to soar. In some cases, the quality of care declined, and an
enormous strain was placed on the capacity of our existing
health services and facilities. When an already overworked
physician goes from seeing one hundred patients a day to
seeing two hundred patients a day, the quality of his care is
inevitably affected. His only escape is to consign more of
his patients to hospital treatment, thereby increasing the
strain on hospital facilities and hospital costs.
Today in the United States, health care is big business.
Indeed, it is the fastest growing failing business in the
nation--a $60 billion industry that fails to meet the urgent
demands of our people. Today, more than ever before, we are
spending more on health care and enjoying it less. By 1975,
we may be spending $100 billion a year on health and be worse
off than we are now in terms of the quality and
responsiveness of our health care system.
Perhaps the most serious fault in the present situation is
the failure of the Federal Government to play a greater role
in improving the quality of the nation's health care. Health
is big business in America, and the Federal Government has
become a major partner in this business. The total outlays
for medical and health-related activities in the Federal
budget estimated for 1970 are $18 billion, or nearly one-
third of the total health expenditures in the nation. The
outlays for 1970 are divided among 14 principal departments
and agencies. By far the largest amount--$13 billion--is
expended by the Department of Health, Education and Welfare,
but significant amounts are also expended by the Department
of Defense--$2 billion--and the Veterans Administration--$1.7
billion.
In 1960, the total outlays for health in the Federal budget
were only $3 billion. Thus, in the decade of the Sixties
alone, we have had a six-fold increase in total Federal
outlays for health. Indeed, almost 10 per cent of the total
Federal budget now goes for health. The major share of the
rise in recent years has been for Medicare and Medicaid. Yet,
in spite of the dramatic increases in the health budget and
the large amounts we are now spending, there is almost no one
who believes that either the Federal Government or the
private citizen is getting full value for his health dollar.
Of course, a significant proportion of the increase in
health expenditures is being consumed by rising costs and our
growing population. Between 1950 and 1969, personal health
care expenditures increased by $42 billion. Of this increase,
50 per cent was attributable to rising coats, and another 19
per cent was attributable to population growth, so that only
31 per cent of the increase represents real growth in health
supplies and services over the past two decades.
Although the conventional wisdom is content to blame our
current medical inflation on Medicare and Medicaid and the
excess demand created by these programs for health care,
there is another, more controversial aspect to the rising
prices. At Professor Rashi Fein and other experts in the
field of the economics of medicine have made clear, the basic
models used by economists are not appropriate when applied to
health. The medical market. is characterized by the absence
of competition, diverse products, and consumer ignorance.
Comparisons of quality and performance are extremely
difficult, if not impossible.
In other words, the medical marketplace is an area where
the laws of supply and demand do not operate cleanly, and
where physicians have a relatively large amount of discretion
in setting their fees. Thus, at the time Medicaid and
Medicare were instituted, fees rose for a variety of reasons,
many of which were unrelated to the creation of excess
demand:
Some physicians raised their fees in anticipation of a
Federal fee freeze.
Some raised their fees in the face of rising hospital
costs, in order simply to preserve their slice of the growing
health pie.
Some raised their fees simply because they had the
discretion to do so, and decided to take advantage of the
instability and price consciousness generated by the new
Federal programs.
As In the case of physicians' fees, the economic model of
supply and demand does not tell the whole story of rising
hospital costs. In part, hospitals took the opportunity to
provide substantial--and wholly justified--wage and salary
increases to their notoriously underpaid employees. In part,
costs rose because the new Federal financing methods
contained few incentives for improving efficiency, but simply
encouraged hospitals to pass the higher costs on to
Washington.
The high cost of medical care is but one aspect of the
overall health crisis, In America today, it is clear that we
are facing a critical shortage of health manpower. Indeed, at
bottom, our crisis in medicine is essentially a crisis in
manpower. The need is urgent for
[[Page 31988]]
more physicians, more dentists, more nurses, and more allied
health professional and technical workers. We must develop
new types of health professionals and pare-professionals. We
must make far more efficient utilization of our existing
health manpower. Only if we succeed in these efforts will we
be able to free our physicians and highly trained medical
experts to perform the sort of intricate operations and
sensitive counselling discussed by Dean Redlich in the
inaugural lecture in this series.
The need is especially clear in the case of the shortage of
doctors. Our low physician-population ratio means that
unsatisfactory medical care is a way of life for large
numbers of our people in many parts of our nation. In 1967,
in the United States as a whole, there were 260,000 private
physicians providing patient care for our 200 million people.
This is a ratio of 130 physicians for every 100,000 citizens,
or one doctor for every 700 people.
At first glance, the ratio appears to be fairly close to
the satisfactory ratio generally recommended by many health
experts, but the figures are misleading. The family doctor--
the general practitioner--is fast disappearing, and is on the
verge of becoming an extinct species. At the present time
only one out of four of the nation's physicians is engaged in
the general practice of medicine. Three out of four are
specialists, most of whom accept patients only on a referral
basis. The true doctor-population ratio, therefore, is more
like one general practitioner per three thousand population,
a ratio that is clearly unacceptable for adequate health care
for our people. For far too many of our citizens, the only
``doctor'' they know is the cold and impersonal emergency
ward of the municipal hospital.
To make matters worse, the geographic distribution of our
doctors is highly uneven. Two-thirds of our physicians serve
the more affluent half of our population. In some states, of
course, the physician-population ratio is higher than the
national average of 130 doctors per 100,000 population. In
Washington, D.C., the ratio is 318; in New York it is 199; in
Massachusetts, 181.
In sixteen states, however, the physician-population ratio
is far below the national average. In Alaska and Mississippi,
the ratio is an abysmal 69, or about one-half the national
average. In Alabama, it is 75. Even in Texas, it is only 106.
Clearly, therefore, extremely large groups of our population
are receiving seriously inadequate medical care because of
the shortage of physicians.
One of our most urgent needs to meet this crisis is a
stronger Federal program to expand existing medical schools
and establish new schools. We must substantially increase the
output of doctors from our medical schools. At the present
time, about 8,000 students are graduated from our medical
schools each year. The Association of American Medical
Colleges estimates that the number of students entering
medical schools will increase by 25 per cent to 50 per cent
by 1975, as a result of the construction of new medical
schools already begun, and the expansion of existing schools
already planned. Yet, if the physician-patient ratio is to be
improved substantially, our goal should be to admit double
the number of current students by 1975, with special emphasis
on medical schools in regions where the physicians-population
ratio is too low.
There is another reason why we must increase the enrollment
in our medical schools, aside from the need to provide better
health care for our people. Today in America, the medical
profession is that one profession that flies in the face of
the American credo that every man shall have the opportunity
to join the profession of his choice. Today in America, if a
poor black or white young American aspires to be a lawyer, he
will have the opportunity to enroll in a law school somewhere
in the nation that will give him the chance to fulfill his
dream. It is the shame of American medicine that no such
opportunity exists for the youngster who aspires to enter
what is perhaps the most exalted and selfless of all our
professions, the healing arts.
Ironically, at the very time we are denying this
opportunity to our own citizens, we are importing thousands
of foreign-trained doctors each year to meet our manpower
crisis. Twenty per cent of the newly licensed physicians each
year in the United States are foreign-trained. Forty thousand
foreign medical graduates are now practicing medicine in the
United States, or about 15 per cent of the total number of
doctors providing patient care. Thirty per cent of all our
interns and residents are foreign-trained.
These figures are appalling. I believe that at this crucial
period in world history, it is deeply immoral for us to be
luring physicians from the rest of the world to meet our own
doctor shortage, when their services are even more critically
needed in their own lands.
The landscape we see is bleak, but it is not without hope.
If we are to be equal to the challenge, however, we must be
prepared to take major new steps. As Hippocrates himself put
it two thousand years ago, where the illness is extreme,
extreme treatments may be necessary. I would like, therefore,
to share with you my views as to the directions we should
begin to take now, if we are to meet the challenge.
First, and perhaps most important, we need a new approach
to the politics of health. Our single greatest deficiency in
the area of health is our failure to develop a national
constituency, committed to a progressive and enlightened
health policy. As a prestigious Committee of the National
Academy of Sciences has recently and eloquently stated with
respect to the problem of the confrontation between
technology and society, the issue is far more serious than
the simple question of braking the momentum of the status
quo. Today, all too often, whether the area be that of
medicine, or education, or pollution, the vested interests
are strongly ranged against innovation, and there is no
champion capable of marshaling the diffuse advocates for
progress and reform. When a better teaching organization
threatens the bureaucratic status quo in education, we know
there will be organized opposition from school officials, but
there is seldom organized advocacy by parents and children.
When a new and more efficient development is offered that
threatens the status quo in health--whether in the
organization, financing, or delivery of health care--we know
there will be opposition from organized medicine, but there
is seldom organized advocacy by health consumers.
In these situations, a thorough consideration of the
relative merits of alternative proposals is rendered
difficult, if not impossible, by the presence of powerful
spokesmen for the old, and the absence of effective spokesmen
for the new. If we are to succeed in making basic changes in
our health care system, we can do so only by creating the
sort of progressive national health constituency that can
make itself heard in the halls of Congress and the councils
of organized medicine.
To be sure, there is cause for hope. The present generation
of medical students is outstanding. They are already
beginning to develop the commitments to public causes, the
enlightment and social conscience so desperately needed in
the health profession, And, in spite of the heavy
responsibility that organized medicine must bear for the
inadequacy of our health manpower and other resources, a few
leaders have recently made progressive statements suggesting
a new recognition and awareness of the problem.
Second, the Federal Government must play a far more active
and coherent role in the formulation and implementation of
health policy. We must develop a comprehensive and carefully
coordinated national health policy, with an administrative
structure capable of setting health goals and priorities for
the nation, In the spring of 1968, I introduced legislation
urging the creation of a National Health Council to be
established in the Executive Office of the President with
responsibility for setting health policies and making
recommendations for the attainment of health goals, including
the evaluation, coordination, and consolidation of all
Federal health programs and activities. The National Health
Council would be modeled along the lines of the Council of
Economic Advisors, which has consistently played a
superlative role in planning and coordinating the nation's
economic policy.
Third, we must move away from our excessive emphasis on
high-cost acute-care hospital facilities. We must make more
imaginative use of innovative types of low-cost facilities,
such as neighborhood health centers and other out-patient
facilities, storefront clinics, and group health facilities.
In spite of the active opposition of a substantial segment of
the medical profession, group practice and hospital-based
practice are probably the most efficient and economical means
of delivering health care today. In many areas, the ideal
arrangement consists of a teaching hospital in a medical
center, with affiliations to community hospitals in the
surrounding area. In turn, each of the community hospitals
serves as the center of a series of satellite group practice
clinics that can reach out directly into the entire
community.
Fourth, while we are building the nation's overall health
policy, we must give special attention to the health of our
urban and rural poor. For too many of the poor, the family
physician has disappeared, to be replaced by the endless
lines and impersonal waiting rooms of huge municipal and
county hospitals. Yet, there are few physicians today who
were not trained on the wards and charity patients in our
teaching hospitals. Too often, as Professor Alonzo Yerby has
eloquently stated, our poor have had to barter their bodies
and their dignity in return for medical treatment.
In America today, millions of our citizens are sick, and
they are sick only because they are poor. We know that
illness is twice as frequent among the poor. We know that the
poor suffer three times as much heart disease, seven times as
many eye defects, five times as much mental retardation and
nervous disorders. Although our goal must be one health care
system open to all our citizens, we have an obligation now to
increase the range and efficiency of the health services and
facilities available to the poor, with special emphasis on
breaking down the barriers that have for so long divided our
society into a two-class system of care--one for the rich and
one for the poor, separate and unequal.
Specifically, I urge the Administration to create a
National Health Corps, as an alternative to the draft for
doctors, and stronger
[[Page 31989]]
than the ``Project U.S.A.'' program recently recommended by
the AMA. Today, doctors are exempt from the draft if they
serve two years in the National Institutes of Health or other
branches of the Public Health Service. The same exemption
should exist for doctors volunteering for medical service in
urban or rural poverty areas, Only in this way will we be
able to meet the critical need for health manpower in
depressed areas. And, once young physicians are exposed to
the problems of health care for the poor, a significant
proportion of them will be encouraged to remain and dedicate
their careers to this service.
In addition, we should make a substantial new effort to
expand the neighborhood health center program. At the present
time, less than a dozen medical societies in the nation have
become actively involved in neighborhood health centers. Yet,
in recent weeks, prominent leaders of the AMA itself have
called for a greater role for neighborhood health centers as
a means of extending health care to the poor. A few
imaginative pilot projects reaching in this direction have
recently been funded by the Office of Economic Opportunity,
including a program to reorganize the out-patient department
at Boston City Hospital as a nucleus for community health
care, but our overall effort has been inadequate. Tragically,
at a time when even organized medicine is moving forward, we
have been unwilling to allocate the resources so urgently
needed for this program.
Fifth, within the critical area of health manpower, we must
give special attention to training new types of health
professionals. In far too many cases, highly trained
physicians spend the overwhelming majority of their working
day in tasks that do not require their specialized medical
skills. One of the most promising methods of easing the
shortage of doctors is to train new types of health workers
to perform these non-specialized tasks, thereby freeing our
physicians for other, more urgent needs. We must develop a
broad new range of allied health professionals, such as
paramedical aides, pediatric assistants, community service
health officers, and family health workers.
At a number of our universities, imaginative new programs
are under way to train medical corpsmen from Vietnam as
physicians' assistants. In the State of Washington, hospital
corpsmen are trained for three months in the medical school,
and then sent into the field for nine months' further
training in the offices of private physicians. A similar
program now exists at Duke University. These programs are
unique in their emphasis on combined training in the
classroom and in the field. They are programs that must be
greatly expanded if we are to meet the urgent demand for more
and better trained health manpower.
Sixth, we must restore the severe budget cuts that have
been proposed in Federal health programs by the present
Administration. Later this week, the full Senate will vote on
Federal health appropriations for the current fiscal year,
1970. None of us in Congress can be proud that almost half
way through the present fiscal year, we are only now about to
vote the funds that may be used. Our error is compounded by
the knowledge that at this time of medical crisis, Federal
assistance to health programs may be drastically curtailed,
especially in the areas of research and manpower training.
Today, when every medical school and every other health
school is being urged to expand its manpower programs, the
Administration is requesting far less funds than Congress
authorized as recently as 1968 for these vital programs.
The impact of the proposed cuts will be felt in medical
schools, hospitals, research centers, and communities
throughout the nation. It will be measured in terms of cancer
research cut short, lives lost because coronary care units
are un-funded, special hardship for the poor, and the loss of
dedicated young students from careers in medicine and medical
research.
Seventh, I come to what I believe is the most significant
health principle that we as a nation must pursue in the
decade of the Seventies. We must begin to move now to
establish a comprehensive national health insurance program,
capable of bringing the same amount and high quality of
health care to every man, woman, and child in the United
States.
National health insurance is an idea whose time has been
long in coming. More than a millennium ago, Aristotle defined
the importance of health in a democratic society, when he
said:
``If we believe that men have any personal rights at all as
human beings, then they have an absolute moral right to such
a measure of good health as society and society alone is able
to give them.''
Today, the United States is the only major industrial
nation in the world that does not have a national health
service or a program of national health insurance. The first
comprehensive compulsory national health insurance was
enacted in Prussia in 1854. Throughout the Twentieth century,
proposals have been periodically raised for an American
program, but never, until recently, with great chance of
success.
National health insurance was a major proposal of Theodore
Roosevelt during his campaign for the Presidency in 1912.
Shortly before the First World War, a similar proposal
managed to gain the support of the American Medical
Association, whose orientation then was far different than it
is today, During the debate on social security in the
Thirties, the issue was again raised, but without success.
Today, the prospect is better. In large part it is better
because of the popularity of Medicare and the fact that many
other great national health programs have been successfully
launched. The need for national health insurance has become
more compelling, and its absence is more conspicuous. In
part, the prospect is good because the popular demand for
change in our existing health system is consolidating urgent
and widespread new support for a national health insurance
program as a way out of the present crisis.
For more than a year, I have been privileged to serve as a
member of the Committee for National Health Insurance,
founded by Walter Reuther, whose goal has been to mobilize
broad public support for a national health insurance program
in the United States. Two months ago in New York City, the
Reuther Committee sponsored a major conference, attended by
officers and representatives of more than 65 national
organizations, to consider a tentative blueprint for a
national health insurance program. At the time of the
conference, I commended Mr. Reuther for the extraordinary
progress his Committee has made. I look forward to the future
development of the program. Already, it offers. one of the
most attractive legislative proposals that is likely to be
presented for our consideration next year in Congress.
We must recognize, therefore, that a great deal of solid
groundwork has already been laid toward establishing a
national health insurance program. It is for this reason that
I believe it is time to transfer the debate from the halls of
the universities and the offices of professors to the public
arena--to the hearing rooms of Congress and to the offices of
your elected representatives.
Early next year, at the beginning of the second session of
the 91st Congress, I intend to introduce legislation
proposing the sort of comprehensive national health insurance
legislation that I believe is most appropriate at the current
stage of our thinking. The mandate of the Medicaid Task Force
in the Department of Health, Education and Welfare has been
expanded to investigate this area, and I urge the
Administration to prepare and submit its own proposals.
Senator Ralph Yarborough of Texas has told me that, as
Chairman of the Senate Subcommittee on Health, he will
schedule comprehensive hearings next year on national health
insurance. Our immediate goal should be the enactment of
legislation laying the cornerstone for a comprehensive health
insurance program before the adjournment of the 91st
Congress. This is an issue we can and must take to the
people. We can achieve our goal only through the mobilization
of millions of decent Americans, concerned with the high cost
and inadequate organization and delivery of health care in
the nation.
Last week on the floor of the Senate, we witnessed the
culmination of what has been one of the most powerful
nationwide legislative reform movements since I joined the
Senate--the taxpayers' revolution. It now appears likely that
by the end of this month, there will be laid on the
President's desk the best and most comprehensive tax reform
bill in the history of the Federal income tax, a bill that
goes far toward producing a more equitable tax system.
We need the same sort of national effort for health--we
need a national health revolution, a revolution by the
consumers of health care that will stimulate action by
Congress and produce a more equitable health system.
Because of the substantial groundwork already laid, I
believe that we can agree on three principles we should
pursue in preparing an effective program for national health
insurance:
First, and most important, our guiding principle should be
that the amount and quality of medical care an individual
receives is not a function of his income. There should be no
difference between health care for the suburbs and health
care for the ghetto, between health care for the rich and
health care for the poor.
Second, the program should be as broad and as comprehensive
as possible, with the maximum free choice available to each
health consumer in selecting the care he receives.
Third, the costs of the program should be borne on a
progressive basis related to the income level of those who
participate in the program.
I believe there is no need now to lock ourselves into a
specific method of financing the insurance program. There are
distinct advantages and disadvantages to each of the obvious
alternative financing methods that have been proposed--
financing out of general revenues of the Treasury, out of tax
credits, out of the Social Security Trust Fund, or out of
another independent trust fund that could be created
specifically for the purpose.
[[Page 31990]]
At the present time, I lean toward a method of financing
that would be based on general Treasury revenues, with
sufficient guarantees to avoid the vagaries of the
appropriations process that have plagued the Congress so much
in recent years.
I recognize the obvious merit of the tax credit and social
security approaches. In particular, Social Security financing
offers the important advantage that it is a mechanism that
Americans know and trust. In the thirty-five years of its
existence, Social Security has grown into a program that has
the abiding respect and affection of hundreds of millions of
Americans. In 1966, it demonstrated its capacity to broaden
its horizon by its successful implementation of the Medicare
program. To many, therefore, Social Security is the obvious
vehicle to embrace a program for national health insurance,
and soothe the doubts and suspicions that will inevitably
besiege the program when it is launched.
At the same time, however, we must recognize the obvious
disadvantages of Social Security financing. Under the Social
Security system, the payroll tax is heavily regressive. The
poor pay far too high a proportion of their income to Social
Security than our middle or upper income citizens. Today, at
a time when Congress is about to grant major new tax relief
to all income groups, I believe it would be especially
inappropriate to finance a national health insurance program
through the conventional but regressive procedures of Social
Security, rather than through the progressive procedures of
the Federal income tax laws.
I wish to make clear, however, that I am not now rejecting
an approach that would finance national health insurance by a
modified approach through the Social Security System. By the
use of payroll tax exemptions and appropriate contributions
from the Federal. Government, it may be possible to construct
a program that will build in the sort of progression that all
Americans can accept. The important point here is that we
must discuss these possibilities in a national forum, and
weigh the alternatives in the critical light of open hearings
and national debate.
We must be candid about the costs of national health
insurance. In light of our present budgetary restrictions,
the price tags applied to the various health insurance
programs are too high. They range from about $10 billion for
``Medicredit,'' the AMA proposal, to about $40 billion for
the Reuther proposal, It is therefore unrealistic to suppose
that a total comprehensive program can be implemented all at
once.
We can all agree, however, that it is time to begin. In
light of the fiscal reality, the most satisfactory approach
is to set a goal for full implementation of the program at
the earliest opportunity. I believe that the goal should be
1975. The legislation we enact should reflect our firm
commitment to this target date. Halfway through the decade of
the Seventies, we should have a comprehensive national health
insurance, program in full operation for all Americans.
I have already stated my view that legislation establishing
the program should be enacted next year. In January, 1971, we
should begin to phase-in a program that will reach out to all
Americans by the end of 1975, To meet that timetable, we
should establish coverage in the first year--1971--for all
infants, pre-school children, and adolescents in elementary
and secondary schools. In each of the following four years,
we should expand the coverage by approximately ten-year age
groups, so that by the end of 1975, all persons up to age 85
will be covered by the program, and the existing Medicare
program can be phased in completely with the new
comprehensive insurance.
The idea of phasing in children first should receive wide
support, both from the population as a whole and from the
medical profession as well. As a nation today, the United
States is the wealthiest and most highly developed medical
society in the world, but we rank 14th among the major
industrial nations in the rate of infant mortality, and 12th
in the percentage of mothers who die in childbirth. In spite
of our wealth and technology, we have tolerated disease and
ill-health in generations of our children. We have failed to
eliminate the excessive toll of their sickness, retardation,
disability and death.
Equally important, we are already close to the level of
manpower needed to implement a national health insurance
program for our youth. American medicine is equal to the
challenge. We have a solid tradition of excellence in
pediatric training, with a strong and growing supply of
experienced pediatricians, pediatric nurses, and allied
manpower.
Moreover, by beginning our new program with youth and child
care, it will be easier for the medical profession to
implement the changes in the delivery system that must
accompany any effective national health insurance program.
And, the changes that we make in the delivery system for
pediatric care will give us valuable experience and insights
into the comparable but far more difficult changes that will
be necessary in the delivery of care to adults as the
insurance program is phased in over subsequent years.
Finally, by phasing in the insurance program over a period
of years, I believe we can avoid a serious objection that
will otherwise be raised--that national health insurance will
simply exacerbate our current inflation in medical costs by
producing even greater demand for medical care without
providing essential changes in the organization and delivery
system.
We know from recent experience that changes in the
organization and delivery of health care in the United States
will come only by an excruciating national effort. Throughout
our society today, there is perhaps no institution more
resistant to change than the organized medical profession.
Indeed, because the crisis is so serious in the organization
and delivery of health care, there are many who argue that we
must make improvements here first, before we can safely
embark on national health insurance.
I believe the opposite is true. The fact that the time has
come for national health insurance makes it all the more
urgent to pour new resources into remaking our present
system. The organization and delivery of health care is so
obviously inadequate to meet our current health crisis that
only the catalyst of national health insurance will be able
to produce the sort of basic revolution that is needed if we
are to escape the twin evils of a national health disaster or
the Federalization of health care in the Seventies. To those
who say that national health insurance won't work unless we
first have an enormous increase in health manpower and health
facilities and a revolution in the delivery of health care, I
reply that until we begin moving toward national health
insurance, neither Congress nor the medical profession will
ever take the basic steps that are essential to reorganize
the system. Without national health insurance to galvanize us
into action, I fear that we will simply continue to patch the
present system beyond any reasonable hope of survival.
The need for comprehensive national health insurance and
concomitant changes in the organization and delivery of
health care in the United States is the single most Important
issue of health policy today. If we are to reach our goal of
bringing adequate health care to all our citizens, we must
have full and generous cooperation between Congress, the
Administration, and the health profession. We already possess
the knowledge and the technology to achieve our goal. All we
need is the will. The challenge is enormous, but I am
confident that we are equal to the task.
Mr. KIRK. Mr. President, I yield the floor.
Mr. President, I suggest the absence of a quorum and ask unanimous
consent that the time in the quorum call be divided equally between the
majority and minority.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. JOHNSON. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. JOHNSON. Mr. President, I rise to express my support for the
Patient Protection and Affordable Care Act and to encourage my
colleagues to support this effort to address our health care system's
immediate and long-term challenges in a fiscally responsible manner.
For decades, attempts have been made to reform the way our health
care system works, but only incremental changes have been made. The
result is a broken system where costs are rising out of control and
millions of Americans are priced out of the health insurance market.
In the last 8 years, health care premiums have grown four times
faster than wages. If health care costs continue to rise at the current
rates, without reform, it is projected that the average South Dakota
family will be paying nearly $17,000 in yearly premiums by 2016. That
is a 74-percent increase over the current premium costs that so many
already struggle to afford.
Throughout the ongoing health reform discussion, I have heard from
far too many South Dakotans who currently face barriers in accessing
quality health care. This can be due to exorbitant out-of-pocket costs,
having no insurance coverage, being denied coverage by insurance
companies, or limited or no health care providers in their area. The
Patient Protection and Affordable Care Act addresses these barriers in
part by extending access to affordable and meaningful health insurance
to all Americans.
This legislation stands up on behalf of the American people and puts
an end to insurance industry abuses that have
[[Page 31991]]
denied coverage to hard-working Americans when they need it most.
Insurance companies will no longer be able to deny coverage for
preexisting conditions and will not be able to drop coverage just
because a patient gets sick. Reform will ensure that families always
have guaranteed choices of quality, affordable health insurance whether
they lose their job, switch jobs, move, or get sick.
The bill allows Americans to shop for the best health care plan to
meet their needs and provides tax credits to help those who need
assistance. It strengthens our health care workforce, improves the
quality of care, and reduces waste, fraud, and abuse in the health care
system.
Every American is adversely affected in some fashion by the
shortcomings of our existing system, and far too many have a false
sense of security. The system costs us lives, and it costs us money. If
we fail to act, health care costs will consume a greater and greater
share of our Nation's economy and have tremendous potential to cripple
our Nation's future.
The Patient Protection and Affordable Care Act puts our Nation on a
more sustainable financial path. The nonpartisan Congressional Budget
Office projects that this health reform bill will reduce the Federal
deficit by $130 billion in the next 10 years and as much as $650
billion in the decade after that. CBO also projects that this bill will
result in health care coverage for more than 94 percent of legal
residents in our Nation. Our citizens deserve this basic security,
while improving current Medicare benefits.
This bill is the product of months of research, committee
deliberation, and bipartisan negotiation. I have listened to some of my
colleagues' claims that they support health reform yet object to this
approach. These protests echo those made nearly 50 years ago when a new
program called Medicare was proposed to provide meaningful health
benefits to seniors. The increasing cost of health care is
unsustainable and the do-nothing approach hurts all Americans by
robbing us of this historic opportunity to stop talking about the
problems and finally find a solution.
This bill is not perfect, but a ``yes'' vote will allow the
conference committee a chance to improve it. The United States is the
only Nation among industrialized democracies to not have some form of
national health care. Yet the Senate Republican Party is attempting to
deny us the right to vote this historic legislation up or down. They
want to kill it even before it has the chance to go to conference.
I urge my colleagues to support the Patient Protection and Affordable
Care Act.
Mr. President, I ask unanimous consent that the time be charged
equally.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Ohio is recognized.
Mr. VOINOVICH. Thank you, Mr. President. I have been coming to the
floor to remind my colleagues and the American people about the fiscal
realities our Nation faces and to explain how this health reform
legislation would make our fiscal situation worse and our economy
suffer even more. I have been here before to highlight how this health
care bill is chock-full of budget gimmicks to hide its true
unmanageable costs.
As I have said before on the floor of the Senate, as a former mayor
and a former Governor, many people have come to me over the years and
said: Mayor, you have to do this; Governor, you have to do this. The
plea they had was genuine, and the need they expressed was genuine, but
the fact is we couldn't afford what they were asking us to do, and I
had to say no. Unfortunately, this legislation, in my opinion, will
increase the cost of health care, drive up our national debt, and
contribute to unbalanced budgets as far as the eye can see in the
United States.
As a former Governor and chairman of the National Governors
Association, the past chairman of the National League of Cities, one
gimmick I am particularly concerned about is the one that puts 14
million additional individuals into the Medicaid Program and then asks
the States to pick up a portion of the tab. I am very familiar with
what unfunded mandates can do to State and local governments, and I
wish to highlight some of the potential consequences of the Medicaid
expansion for my colleagues.
At a $374 billion cost to Federal taxpayers, the health care bill
before us would expand Medicaid coverage to all people under 133
percent of the Federal poverty level. Because Medicaid costs are shared
by the Federal and State governments, the States will be on the hook
for $25 billion of this expansion during the first 10 years.
To put the $25 billion into perspective, let me spend a minute
explaining the current fiscal situation of most States in this country.
Most States such as my State--and I am sure the same is true in the
Presiding Officer's State--are struggling to make ends meet. I have
never seen anything like it in my entire life.
According to the National Governors Association, the States are in
the deepest and longest economic downturn since the Great Depression.
In the first two quarters of 2009, State revenues were down 11.7 and
16.6 percent, respectively. At the same time, Medicaid spending is
growing, which already makes up, on average, approximately 22 percent
of States' budgets, and enrollment in the program is skyrocketing at
the levels it is today because more and more people are becoming
eligible for Medicaid under the current Federal law.
In Ohio, for example, where the unemployment rate is hovering around
10.5 percent, 154,000 Ohioans enrolled in the Medicaid Program in the
last year alone, an 8-percent increase over last year. This is hard to
believe, but Medicaid now provides health coverage to nearly 2 million
Ohioans, almost one out of five residents. Unbelievable.
Recognizing this increased demand, States have had some help from the
Federal Government. Earlier this year, Congress provided $87 billion in
Federal aid to States in the so-called stimulus bill to help States
deal with Medicaid costs. Yet this money was not intended to last
forever. As it stands right now, in December 2010, States will face--
that is next December--States will face a steep budget cliff when the
temporary Medicaid payments coming from the stimulus package expire. In
facing these realities, Governors across the country are already
wondering how they will cover the cost of their existing programs.
I recently met with Ray Scheppach, who is the executive director of
the National Governors Association. He said: Senator, Governor, Mayor,
we are going to need some help when the money runs out or we will not
be able to handle the Medicaid challenges we have.
Not surprisingly, my State's current Governor, Ted Strickland, a
Democrat, has told me if Medicaid is expanded, he hopes the Federal
Government will assume most, if not all, the costs. In fact, he told
the Columbus Dispatch that he has warned officials in Washington that
``with our financial challenges right now, we are not in a position to
accept additional Medicaid responsibilities.''
I suspect that almost every Governor in the country would make that
same statement to us in the Senate. By the way, this is both Republican
and Democratic Governors.
I ask: How can we in good conscience move forward with this bill and
the new mandate it places on States? How can we force the States to
make the difficult choices that we are unwilling or unable to make in
Washington? Pass it on to them, we will pay for it a while, and then
you guys pick up the cost.
I served the people of Ohio as Governor for 8 years, and I was forced
to cut my budget in the beginning four times. I will never forget it.
There were about 5,000 people outside my office screaming because we
had made it more difficult or increased the cost of tuition for our
colleges. I had to make countless difficult decisions across the board
to be fiscally responsible. I understand the demands of soaring health
care costs, and as I called that program then, it devoured--Medicaid
devoured up to 30 percent of our State budget, and I referred to it as
the Medicaid Pac-Man. I think some people remember Pac-Man. That was
the Pac-Man
[[Page 31992]]
just eating up money like crazy. It took away money from primary and
secondary education, higher education, roads, bridges, county and local
government projects, and safety service programs that we wanted to
provide for the citizens of Ohio. We had to do it. It was a mandate. It
just sucked up that money, and that meant we didn't have money for
higher education, secondary and primary education, and some of the
other responsibilities of the State.
With this experience, I became particularly concerned with the cost
of Federal mandates, and I worked tirelessly with State and local
governments to help pass the Unfunded Mandates Reform Act. In fact, the
first time I ever set foot on the floor of the Senate is the day the
unfunded mandates bill passed the Senate. It was a wonderful day for
Ohio and for this country. I was in the Rose Garden representing State
and local governments when President Clinton signed the legislation
into law in 1995.
After that experience, you can imagine how it pains me to be standing
here today debating legislation that provides for the largest single
expansion of the Medicaid Program in our country's history and a
brandnew fiscal liability for States at a time when the States can
least afford it. I have serious concerns if this bill becomes law and
States are required to take on more just as the extra stimulus funds
disappear--which they are going to have to do or we will have to come
up with the money--Congress will be forced to spend billions more to
keep the Medicaid safety net from failing completely in the not too
distant future.
So what I am basically saying is that when the stimulus money ends in
December of next year, the Governors are going to be down here with a
bathtub asking us to fill it because if we don't do it, they are going
to have to knock off thousands of people, millions in the country,
because they don't have the money to provide for the program.
Now, providing extra dollars to States--and I predict it is going to
happen. It will become an annual ritual for Congress, just as the
doctors fix has become an annual ritual for doctors. Every year they
come in. We are not going to cut the annual reimbursement. Next year it
is 23 percent, I think. We are not going to fill the hole, and the
Governors are going to be asking for the same kind of help. It is not
only a mandate for them, it is going to become a mandate for us at a
time when we are least able to handle anything like that.
So as a former Governor and a former mayor, a former county
commissioner, I urge my colleagues to consider the impact this bill
will have on their respective States. Think about it. Talk to your
Governors. See what it is going to do to your States. I hope each of my
colleagues will give careful thought to the potentially devastating
effects it could have on each of their State budgets and to consult, as
I said, with their Governors and to talk about the fact that if this
happens, what is going to happen in terms of the Pac-Man eating up more
money in their State and their inability to take care of primary and
secondary education, higher education, and all of the other
responsibilities State governments have.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii is recognized.
Mr. INOUYE. Mr. President, I rise today to address the Department of
Defense appropriations bill for fiscal year 2010.
As my colleagues know, this afternoon the Senate received this
measure from the House which represents a compromise between the bill
passed by the House last July and what we passed this past October.
Since passage of the Senate measure, Vice Chairman Cochran and I and
our staffs have spent countless hours in discussion with our colleagues
in the House to thrash out the differences between our two bills. The
product the Senate will consider represents the work of our
discussions. While this is a House measure, I can assure my colleagues
it is a very fair and balanced product.
The Defense appropriations portion of this measure totals $636.3
billion in discretionary spending, including more than $128 billion for
the cost of our ongoing efforts in Iraq and Afghanistan.
In total, the Defense bill is $3.8 billion below the request of the
President and within the subcommittee's allocation.
This bill represents the hard work over the past year of all the
members of the Defense subcommittee. It contains funds that we believe
will best meet the needs of the men and women who volunteer to serve
our Nation in the military. The bill provides funding to increase their
pay by 3.4 percent. It provides more than $30 billion to care for their
health and the health of their families.
It provides support to families with loved ones serving in harm's way
overseas and funding to ensure that their workplaces and quality of
life back home are protected.
Of equal importance, the funding in this bill ensures that our forces
in the field have the equipment and other tools required to meet their
missions. Funding has been added to the President's request to provide
for more MRAP vehicles to protect our forces from IEDs in Afghanistan.
Funds are provided for more medical evacuation and combat rescue
helicopters to save our wounded troops. Funds have been added to
sustain production of the C-17 Program so our forces in the field can
be adequately resupplied, no matter where they are based.
This bill enhances research in lifesaving technologies and increases
funds to care for our wounded personnel. It fully funds the priorities
of Secretary Gates and our military commanders.
While I know some will criticize the fact that funds have been
included at the request of Members of Congress, I remind my colleagues
that, in total, this amount is less than 1 percent of the funding in
the bill.
Moreover, all the so-called earmarks in the defense portion of this
bill were in either the House or Senate bills. There are no
``airdropped'' earmarks in the defense funding included in this
measure.
In addition to the defense portion of the bill, the House has added a
little more than 1 dozen provisions to provide a 2-month safety net to
unemployed and nearly impoverished Americans and to extend critical
provisions which are set to expire this month.
For individual Americans, provisions were included to extend, through
February 28, 2010, expiring unemployment insurance benefits that were
established in the American Recovery and Reinvestment Act.
Likewise, provisions were included to extend the 65-percent COBRA
health insurance subsidy from 9 to 15 months for individuals who have
lost their jobs and to extend the job lost eligibility date also
through February 28, 2010.
Further, a provision was included to freeze the Department of Health
and Human Services' poverty guidelines at 2009 levels in order to
prevent a reduction in eligibility for programs such as Medicaid, food
stamps, and school lunch programs through March 1 of next year.
This provision keeps struggling families from falling through the
cracks.
In addition, provisions were included to provide $125 million to
extend the Recovery Act program for small businesses. The program
reduces lending fees charged to borrowers under the Small Business
Administration's guaranteed loan programs and increases the Federal
guarantee on certain small business loans.
The Recovery Act supported a resurgence in SBA small business
lending, but funds were exhausted in November. The additional funding
in this bill will help support lending for small businesses during the
economic recovery by continuing fee relief for borrowers and
encouraging lenders to extend credit to small businesses.
Further, this bill includes a short-term extension of the highway,
transit, highway safety and truck safety programs. Without this
extension, the highway program would be brought to a standstill and the
Department of Transportation would be unable to reimburse States for
eligible expenses.
In addition, several agencies--including the Federal Highway
Administration, the National Highway Traffic
[[Page 31993]]
Safety Administration, and the Federal Motor Carrier Safety
Administration--would not have the funds necessary to pay their
employees.
This is not your typical end-of-the-year Christmas tree; to the
contrary, it is the bare minimum of programs which must be continued to
provide for our less fortunate and our struggling small businesses.
It also allows for a 2-month extension of laws such as the PATRIOT
Act, in order to allow more time for our authorizing committees to come
to agreement on more permanent legislation.
The House has passed a compromise measure and forwarded it to the
Senate because of the calendar. Today is December 16, and our
Department of Defense has been operating on a continuing resolution for
more than 2 months.
It is time we get on with the process and get this bill to the
President. It is a good measure. Our troops deserve our support. Let's
show we support those who volunteered to serve all of us by voting
today to send this bill to the President.
As I close, I wish to thank the Defense Subcommittee staff for their
dedication and hard work in putting this bill together. I wish to put
into the Record the names of these staff members who have worked on
this bill in a bipartisan fashion. They are:
Charlie Houy, Nicole Diresta, Kate Fitzpatrick, Katy Hagan,
Kate Kaufer, Ellen Maldonado, Rachel Meyer, Erik Raven, Gary
Reese, Betsy Schmid, Renan Snowden, Bridget Zarate, Rob
Berschinski, Stewart Holmes, Alycia Farrell, Brian Potts,
Brian Wilson and Tom Osterhoudt.
Mr. President, it is my pleasure and privilege to be chairman of the
committee. It is a great honor. I wish to make certain we express our
gratitude to all these staff people. Without them, I would not be
standing here at this moment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi is recognized.
Mr. COCHRAN. Mr. President, I am glad I was here to hear the remarks
of the distinguished Senator from Hawaii. I serve on that subcommittee
of Defense Appropriations with him and get to observe, at close range,
the skill and effort and courtesy that is reflected in his service as
chairman of our committee. It is a pleasure to serve with him and it is
an honor. He has provided leadership and cooperation in working with
all Senators--not just members of our committee--to move forward in
carrying out of duties by the Department of Defense through our
appropriations process.
It is very important that the Senate approve, as soon as possible,
the funding that is contained in the bill that our committee has
reported to the Senate. It will help support and provide the resources
necessary to carry out the missions of our men and women have in
Afghanistan, Iraq, and around the world, safeguarding our freedom,
protecting our security interests.
The Department of Defense is now operating under a continuing
resolution that expires on Friday. This is an inefficient way of
managing the support for our Department of Defense. It causes too much
effort to be made by employees and men and women in the Defense
Department, focusing on management, how to manage day-to-day operating
expenses dealing with the challenges that too few dollars are provided
in a way that gives people time to plan and then execute efficiently
their missions and responsibilities.
This affects the support that is available to the men and women who
are overseas and in harm's way.
The act contains funds necessary to provide medical care as well as
family support for members of our Armed Forces and their families.
During this time of war, it is very important that every effort be made
to provide good medical care for those who are injured and wounded
serving our country.
It is also important we support the families. There are funds in this
legislation that do just that, trying to address the stresses that are
associated with combat and deployment and separation.
I am disappointed the normal process has been circumvented, or at
least delayed, and the other body has not appointed conferees to the
Defense Appropriations conference committee. It is a disappointment
also that the Defense Appropriations bill is used as a vehicle to move
other initiatives that seem to be slowing down the process. These
measures should be considered separately and addressed in a more
thoughtful way, based on their own merits, not on the legislation they
are tied to, to carry them through the legislative process.
I think attaching nondefense-related legislation to the Defense
Appropriations Act for this fiscal year has been a mistake. It has been
unnecessary, unfortunate, and it has resulted in delays and
uncertainty.
I am sure there are Senators who can make suggestions for improving
this bill. We are open to hear those concerns and do our best to
respond to the suggestions from all Senators. We don't individually
support all aspects of the agreement, but we think that, in total, it
is a good bill. It ought to be passed, and it ought to be passed as
soon as possible in recognition of our respect for our service members
and their families.
Mr. INOUYE. Mr. President, there is nothing in rule XLIV which
governs a message between the Houses in regard to disclosing earmarks.
However, as chairman of the Appropriations Committee it is my belief
that the committee should none the less attest that all earmarks have
been fully disclosed. Accordingly I note that in the bill H.R. 3326 as
passed by the House and explained in the statement offered by the
chairman of the Subcommittee on Defense of the House of Representatives
on December 16, 2009, each earmark in the bill has been disclosed in
accord with rule XLIV.
Mr. CONRAD. Mr. President, section 401(c)(4) of S. Con. Res. 13, the
2010 budget resolution, permits the Chairman of the Senate Budget
Committee to adjust the section 401(b) discretionary spending limits,
allocations pursuant to section 302(a) of the Congressional Budget Act
of 1974, and aggregates for legislation making appropriations for
fiscal years 2009 and 2010 for overseas deployments and other
activities by the amounts provided in such legislation for those
purposes and so designated pursuant to section 401(c)(4). The
adjustment is limited to the total amount of budget authority specified
in section 104(21) of S. Con. Res. 13. For 2009, that limitation is
$90.745 billion, and for 2010, it is $130 billion.
The Senate is considering H.R. 3326, the Department of Defense
Appropriations Act, 2010. That legislation includes amounts designated
pursuant to section 401(c)(4). Since this is the last of the 12 regular
appropriations bills for 2010, I am revising previous adjustments made
to the discretionary spending limits and the allocation to the Senate
Committee on Appropriations for discretionary budget authority and
outlays to reflect the final amount of designations made pursuant to
section 401(c)(4). When combined with all previous adjustments, the
total amount of adjustments for 2010 is $130 billion in discretionary
budget authority and $101.178 billion in outlays. In addition, I am
also further revising the aggregates for 2010 consistent with section
401(c)(4) to reconcile the amount of outlays estimated by the
Congressional Budget Office for designated funding with the amount
originally assumed in the 2010 budget resolution.
I ask unanimous consent that the following revisions to S. Con. Res.
13 be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVERSEAS DEPLOYMENTS AND OTHER
ACTIVITIES
[In billions of dollars]
Section 101
(1)(A) Federal Revenues:
FY 2009...................................................1,532.579
FY 2010...................................................1,623.888
FY 2011...................................................1,944.811
FY 2012...................................................2,145.815
FY 2013...................................................2,322.897
[[Page 31994]]
FY 2014...................................................2,560.448
(1)(B) Change in Federal Revenues:-
FY 2009.......................................................0.008
FY 2010.....................................................-42.098
FY 2011....................................................-143.820
FY 2012....................................................-214.578
FY 2013....................................................-192.440
FY 2014.....................................................-73.210
(2) New Budget Authority:-
FY 2009...................................................3,675.736
FY 2010...................................................2,910.707
FY 2011...................................................2,842.766
FY 2012...................................................2,829.808
FY 2013...................................................2,983.128
FY 2014...................................................3,193.887
(3) Budget Outlays:-
FY 2009...................................................3,358.952
FY 2010...................................................3,023.691
FY 2011...................................................2,966.921
FY 2012...................................................2,863.655
FY 2013...................................................2,989.852
3,179.437............................................................
____
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE
SENATE APPROPRIATIONS COMMITTEE AND THE SECTION 401(b) SENATE
DISCRETIONARY SPENDING LIMITS
[In millions of dollars]
------------------------------------------------------------------------
Initial Revised
Allocation/ Adjustment Allocation/
Limit Limit
------------------------------------------------------------------------
FY 2009 Discretionary Budget 1,482,201 0 1,482,201
Authority.......................
FY 2009 Discretionary Outlays.... 1,247,872 0 1,247,872
FY 2010 Discretionary Budget 1,219,651 1 1,219,652
Authority.......................
FY 2010 Discretionary Outlays.... 1,376,195 -157 1,376,038-
------------------------------------------------------------------------
The PRESIDING OFFICER. The Republican leader is recognized.
Setting Precedent
Mr. McCONNELL. Mr. President, I rise to make some observations about
a matter that occurred in the Senate earlier this afternoon.
The plain language of the Senate precedent, the manual that governs
Senate procedure, is that unanimous consent of all Members was required
before the Senator from Vermont could withdraw his amendment while it
was being read--unanimous consent.
Earlier today, the majority somehow convinced the Parliamentarian to
break with the longstanding precedent and practice of the Senate in the
reading of the amendment.
Senate procedure clearly states:
Under rule 15, paragraph 1, and Senate precedents, an
amendment shall be read by the clerk before it is up for
consideration or before the same shall be debated unless a
request to waive the reading is granted.
It goes on to state that:
. . . the reading of which may not be dispensed with,
except by unanimous consent, and if the request is denied,
the amendment must be read and further interruptions are not
in order.
Nothing could be more clear.
You may have heard that the majority cites an example in 1992 when
the Chair made a mistake and allowed something similar to happen. But
one mistake does not a precedent make.
For example, there is precedent for a Senator being beaten with a
cane in the Senate. If mistakes were the rule, then the caning of
Senators would be in order. Fortunately for all of us, it is not.
It is now perfectly clear that the majority is willing to do
anything--anything--to jam through a 2,000-page bill before the
American people or any of us have had a chance to read it, including
changing the rules in the middle of the game.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia is recognized.
Mr. CHAMBLISS. Mr. President, I rise today to speak about the
decision to move the remaining detainees held at Guantanamo Bay Naval
facility, or Gitmo, to the Thomson Correctional Center in Illinois.
The decision to transfer Gitmo detainees to the heartland of our
country is irresponsible, a waste of taxpayer dollars, and contrary to
the wishes of the American people.
Congress has included language permitting the transfer or detention
of Gitmo detainees to the United States only under certain limited
conditions in every relevant appropriations bill passed this year,
including the recently passed Omnibus Appropriations Act. That is one
of the reasons I voted against every single one of those bills.
The President now has made the decision to purchase the Thomson
Correctional Center from the State of Illinois for the purpose of
transferring and detaining Gitmo detainees.
Further, the President stated he will need to expend millions of
additional dollars renovating and securing the facility when much has
already been invested in the state-of-the-art facility at Guantanamo
Bay. This unnecessary spending is an abuse of our tax dollars and one
that holds dire national security consequences.
The administration claims that many of these detainees will continue
to be held by the military in the same prison where the Department of
Justice will hold average, ordinary criminals. What the administration
fails to tell the American people is that these detainees will obtain
the same rights as U.S. citizens the moment they step inside the United
States. We have already seen detainees attempt to gain these same
rights as Americans in our courts and have seen the courts grant them
limited rights without them being inside the United States.
In habeas corpus cases where the court has ruled, 30 out of 38 Gitmo
detainees have been found to be unlawfully detained and their release
has been ordered. After reviewing the classified biographies on some of
these individuals, it is clear from these decisions that the courts are
not in a position to judge matters of war and cannot when they are
bound by our criminal justice system. It is not designed to handle war
criminals.
The courts do not adequately consider the threat these individuals
pose to U.S. interests or will pose in the future when they return to
terrorism. President Obama cites the authorization for the use of
military force as legal justification for continuing the detention of
these terrorists. However, the courts have already indicated that these
detainees cannot be indefinitely held. I wonder if the administration
considered this when it decided to move Gitmo detainees to the United
States.
This administration may face the same problem as the last
administration did in justifying to a U.S. court the continuing
detention of these terrorists. Only this time, the court will have a
remedy.
It is foreseeable that some, and possibly many, of those detainees
will be ordered released by our courts. The administration has tried to
assure the public that our immigration laws will prohibit the release
of those individuals into the United States. But, once again, this
administration fails to appreciate the limits of our legal system. Once
these detainees are physically present in the United States, prior
judicial precedent indicates that the government can only detain an
individual while immigration removal proceedings are ongoing for a
maximum of 6 months. If a detainee cannot be transferred or deported,
they will be released, freed into the United States, after 6 months.
This is much more than just moving Guantanamo north.
On the other hand, if the administration is able to secure the
transfer of these detainees to another country, we can be sure to watch
the recidivism rates rise. The Department of Defense's last
unclassified fact sheet on recidivism reported that 14 percent of the
former Gitmo detainees returned to terrorism after their release or
their transfer. This is almost one out of every seven detainees
transferred. This number is much larger now after 8 months and
countless transfers of the most serious terrorists.
Some of the detainees transferred openly admit their affiliation with
a terrorist organization or that they were combating U.S. forces in
Afghanistan. Confirming this, two former Gitmo detainees transferred to
Saudi Arabia announced earlier this year that they were now the leaders
of al-Qaida in the Arabian peninsula. Another detainee, Ali bin Ali
Aleh, lived with Abu Zubaydah in Pakistan and was identified on a list
of names in Khalid Shaikh Mohammed's possession when KSM was captured.
Ali bin Ali Aleh was determined not to be an enemy combatant and
ordered to be released by a U.S. court in May of this year. He was
transferred to Yemen in September.
[[Page 31995]]
Maybe some of my colleagues have seen the recent headlines indicating
that some European countries are willing to accept these detainees. In
fact, detainees have recently been transferred to Belgium, Ireland,
Hungary, and Italy. However, the American people are not fooled by
these headlines. Of the 779 detainees held since 2001 at Guantanamo
Bay, our European partners have accepted only 37. The vast majority of
detainees--almost 400--have been transferred to four countries:
Afghanistan, Saudi Arabia, Pakistan, and Yemen. These four countries
are either currently in conflict or actively combating al-Qaida. In all
four of these countries, the threat from al-Qaida and associate
militants has done nothing but increase over the past few years. Yet
the United States is sending back hundreds of terrorists to the most
volatile regions of the world--South Asia, which poses the greatest
terrorist threat currently to the homeland and to the Arabian
peninsula, which I believe will present itself as the next greatest
threat to the United States.
The decision to move these terrorists to the United States may force
the administration to choose between freeing terrorists into Illinois
or transferring them back to the center of the battle. Is this the
policy position we want to put our country in while we are still
combating terrorism?
No one doubts the security of our prisons to safely hold these
individuals. I doubt the ability of our laws and judicial system to
ensure that these terrorists are convicted or kept in prison.
Prohibiting the detainees from entering the United States is the only
guarantee. However, the decision to move the remaining terrorists at
Gitmo to the heart of this country shattered any remaining hope for
this guarantee. This is yet another step in a series of poor policy
decisions which is leading our country in the wrong direction.
I am disappointed by this decision, obviously. But I can only imagine
how the residents of Illinois feel about it. I know Georgians would not
be pleased with housing over 200 of the most serious and hardened
terrorists in the world in their backyard.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. Shaheen). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Madam President, I wish to respond to my friend from
Georgia, who just stepped off the floor, about the transfer of
detainees from Guantanamo because he misstated a few things that I do
not want to stay on the record.
First, he suggested that these detainees would be freed in Illinois.
Not so. The plan of this administration is not to free them; the plan
is to imprison them in the most secure prison in the United States of
America. It is in Thomson, IL, 150 miles from Chicago. I was there a
few weeks ago. It is a supermax prison built 7 years ago and never
fully occupied. Now they are going to build an additional fence around
it. It will be more secure than any prison in America. They will be
freed into the most secure prison in America and they are not coming
out until such time as there is a resolution of whatever their issues
may be or they pass away.
I might also say that the current law in the United States prohibits
the President of the United States from releasing these detainees in
the United States. Those statements by the Senator from Georgia are
just flat incorrect.
He is entitled to his position--and others share it--that we should
not close Guantanamo. I believe we should. On my side of this argument
would be the following people who have called for the closure of
Guantanamo: President George W. Bush; Secretary of State and former
Chairman of the Joint Chiefs of Staff Colin Powell; Secretary of
Defense under President Bush and under President Obama, Robert Gates;
former Secretary of State and domestic policy adviser Condoleezza Rice;
GEN David Petraeus, and 33 other generals, in addition to President
Barack Obama.
This argument that closing Guantanamo endangers the United States
ignores the obvious. The people entrusted with the responsibility of
protecting the United States have called for the closure of Guantanamo.
Yesterday, Robert Gibbs, press secretary to President Obama, was asked
about this decision to transfer. He said that on more than 30
occasions--I am not sure of the timeframe, whether it was this year or
a longer period of time--but on more than 30 occasions, they have found
direct linkage of terrorist recruitment activity and the use of
Guantanamo as an illustration of why people needed to convert to
terrorism around the world. It is still being actively used for
recruitment.
If the Senator from Georgia would go back a few weeks and read
Newsweek magazine, one of their reporters was captured in Tehran and
held in captivity for almost 4 months. He told a story of how he was
first incarcerated in a prison in Tehran. As he arrived, his jailer
said to him: Welcome to Abu Ghraib and Guantanamo, American.
So for us to believe that the rest of the world does not have a
negative image of Guantanamo and it is not being used against our
troops is to ignore the obvious.
There are some in this body who are hidebound to keep Guantanamo open
at any costs. I will tell you, the cost is too high. If the
continuation of Guantanamo means danger to our troops, we owe it to
them to close it. Presidents have reached that conclusion, people in
charge of national security have reached that conclusion, and we should
as well.
Then there is this notion about the danger of incarcerating
terrorists in the United States. For the record, over 350 convicted
terrorists are currently imprisoned in the United States, all over the
United States. In my home State of Illinois, 35 convicted terrorists
are in prison today. The most recent incarceration involves a man
arrested shortly after 9/11 in Peoria, IL, an unlikely hotbed of
terrorism and spy activity, but, in fact, this man going to school in
Peoria, IL, through his communications was linked with al-Qaida. He
served time in a Navy brig in South Carolina, if I am not mistaken, and
eventually was tried in the courts of Peoria, IL, convicted and now
incarcerated in Marion, IL, in southern Illinois.
I heard not one word of criticism when this took place under the
previous administration. The belief was this man had to answer for the
crimes he was charged with and serve time in our prison system as a
result of it. Never--not once, not one time--did I ever hear any
Congressman of either political party say: Boy, it is unsafe to try him
in Peoria or it is unsafe to incarcerate him in southern Illinois. It
has never been said.
What happens to these people when they go into our supermax prisons,
where no one has ever escaped? They disappear, as they should. They are
where they ought to be--isolated and away from causing harm to anyone.
When President Obama was looking for an alternative to Guantanamo, we
came forward. One of the mayors of a small town in Illinois--Thomson,
IL--with just several hundred people living there, wrote to the
Governor of our State and to me and said: I have a big old prison the
State built and never opened--built it in 2001. It has the capacity of
several thousand prisoners, and the State could never afford to open
it. We had hoped that this prison would create a lot of local jobs for
us. Can you find a use for it at the Federal level?
The Obama administration took a hard look at this for a long period
of time. Part of it was done confidentially, and then they came out
publicly and said: We are seriously interested.
The Senator from Georgia said earlier: Well, the people of Illinois
are against this.
Well, I would say to my friend from Georgia, come on down to Thomson,
IL. Come down and see the people who are overwhelmingly supportive--and
not just Democrats, believe me. Local State representative Jim Sacia is
a Republican and a former FBI agent. He
[[Page 31996]]
said we would be idiots not to take this offer from the Federal
Government. He is right. Three thousand jobs. I don't know that there
is a Senator here if you said to him: Would you be interested in 3,000
jobs in the midst of a recession, who wouldn't stand up and say: Let's
talk.
Well, we did. So it is 3,000 new jobs at this prison when it is
opened as part of the Bureau of Prisons and part of the Department of
Defense.
How many Guantanamo detainees will be sent there? Fewer than 100. We
have 35 in our prisons already. Life has not changed in my home State
of Illinois, nor has it changed in any other State where they are
incarcerated. It would not change in Thomson, IL. These people can be
held safely and securely. I trust our men and women in the military to
do that, and the Members of the Senate should do so as well.
These 3,000 jobs are going to be a Godsend to an area with 11 percent
unemployment. First, there will be a lot of construction jobs, and we
can use those. Those are good-paying jobs for Americans right here at
home. Then those who work for the Bureau of Prisons are going to be
paid a good salary and receive good benefits, the kind of salary you
can use to build a family, a community, a neighborhood. These will be
people who will be buying homes--3,000 of them. They will be buying
homes, cars, shopping for appliances, and going to the local shopping
malls. Is that going to be good for the economy? You bet it is. It is
just what we need, and it is just what this area of the State wants.
This argument that we somehow will oppose it is just wrong.
There is a local Congressman, who is a friend of mine--a Republican
Congressman--who opposes it. We have talked about it. We just don't see
eye to eye on it. But even in Rockford, IL, the largest city in his
district, which is northeast of Thomson, the city council in Rockford
passed a resolution of approval of this Thomson prison, 12 to 2. In
county after county, State and local governments--I should say local
county governments are coming out in favor of this Thomson prison.
Those who come to the Senate floor and argue otherwise don't know the
facts. When they know the facts, they will realize we are prepared to
do this.
Now the question is whether the Senate will stand behind the
President, stand behind our security advisers who believe this is in
the best interest of the United States. I think it is. It isn't the
first time Illinois has been called on to do something extraordinary
for our country. The first supermax prison in our Federal system was
built in Marion, IL, years and years ago. There was controversy. This
was the most secure prison in America. But I will tell you, the people
of southern Illinois rallied behind it. It has been a prison with a lot
of great professionals who have worked there. They have done their jobs
and done them well.
When I go down to Marion, IL, and talk to them about Guantanamo
detainees, they say: Senator, listen. Send them here. We will take care
of them. We can point out among those who are incarcerated at Marion
prison those who were engaged in al-Qaida terrorism, Colombian drug
gangs, Mexican drug cartels, some of the meanest, toughest most violent
gang bangers from the cities in the Midwest--and they are held safely
every day.
I will tell you, when I hear people say they do not trust our prison
system to hold a handful or 50 or whatever the number may be--less than
100--of these Guantanamo detainees, they ought to meet the men and
women who do it every single day in America, and do it well. They
should realize these detainees will be held by our military, the
Department of Defense employees. Those are the ones we can trust to do
it.
So I would urge my friends and others who have spoken earlier--
Senator McConnell came to the Senate floor earlier. It has become,
unfortunately, a party position now that it is a bad idea. Earlier,
Senator McCain and Senator Graham on the Republican side of the aisle
didn't argue against the transfer of these detainees. They understand
these prisoners aren't larger than life. They have been in prison for 8
years. Frankly, I don't know how much longer they will stay there. But
as long as they are a threat to the United States, they will.
Madam President, I would like to at this point address an issue which
came up earlier on the Senate floor.
Something unusual happened on the floor of the Senate today, Madam
President. It happens but rarely. Under the rules of the Senate,
amendments and bills can be read, if a Member requests, and we usually
ask unanimous consent to dispense with the reading. And, routinely,
that is done. It is done every day on scores of different things.
Today, Senator Sanders of Vermont offered an amendment near and dear
to his heart on single-payer health care reform, and it turned out to
be a voluminous amendment--800 pages long. When the time came to ask
consent that it not be read, there was an objection from Senator Coburn
of Oklahoma. He insisted that it be read. Our poor clerking staff up
here--the clerks of the Senate--started reading this bill, and they
read on for almost 2 hours or more.
As they were reading it, it came to our attention that Senator
Sanders of Vermont had authority under the Senate rules to withdraw his
amendment and to stop the reading of the amendment.
I wasn't aware of that because I can't recall that has ever happened
since I have been here. But I made a point--since many years ago I was
a parliamentarian of the Illinois State Senate and tried to at least
read the rules from time to time--to turn to rule XV, section 2, in the
Standing Rules of the Senate, and here is what it says:
Any motion, amendment, or resolution may be withdrawn or
modified by the mover at any time before a decision,
amendment or ordering of the yeas and nays, except a motion
to reconsider, which shall not be withdrawn without leave.
In other words, until action was taken on the Sanders amendment, he
had the authority under rule XV, paragraph 2 to withdraw his amendment,
which he did.
Some have come to the floor and protested and said this was
extraordinary, and it can't be backed up by the Senate rules. But I
refer them to this rule, which is explicit, and that no action had
taken place on this amendment other than the introduction of the
amendment and reading. So, as it says here, ``any time before a
decision, amendment, or ordering of the yeas and nays.'' I think that
is a clear case.
I have since read an earlier ruling by the Chair relative to the same
rule that goes back several decades, so the ruling of the Chair today,
or at least the finding of the Chair, was consistent with the rules of
the Senate. But the strategy that came out in the ordering of this
amendment to be read is pretty clear when it comes to health care. The
Republican strategy is clear to anyone who is watching the debate: They
do not want amendments. In fact, they just don't want us to vote on
health care reform. There comes a time when people make the best
arguments they can and the Senate makes a decision, and that is what we
are facing. That is what we want. We would like to do that in a timely
fashion.
Members here believe we can do that in a responsible way and move
this health care reform bill to a point of a vote--a cloture vote, with
a 60-vote requirement--and do that in a way that we can find the
sentiment in the Senate on this important measure and just maybe go
home for Christmas, which a lot of us would like to do. We have been
away from our families for quite a while.
During the course of this debate, we have been spending a lot of time
on the bill itself. I usually like to give people an idea by holding up
this 2,074-page bill. It took a lot of work to get to this point. The
managers' amendment to this will be several hundred pages, I imagine.
People say: Why is it so big? It is big because we are changing the
health care system in America, which is one-sixth of our economy. You
can imagine all the different moving parts in this complicated health
care system that we address with this bill.
During this period of time, the Republicans have not offered any
alternative or substitute. I thought that
[[Page 31997]]
would be their first motion, to come forward and say: That is the
Democratic plan to change the health care system in America, but you
should see the Republican plan, how much better it is. They didn't do
that because there is no Republican alternative. There is no Republican
substitute.
Last week, when I went to the Senate Republican Web site--and I
invite people to do the same--I found there was only one bill printed
there on health care reform. It was the Democratic bill, not any bill
that has been offered by the Republican side. The reason is this is
hard work. Putting a bill like this together, getting experts to look
at it and decide whether it is going to save money or cost money, it
takes time. We have taken that time to do it, and do it right, and they
have not. So they are either not up to the challenge of preparing an
alternative bill, or they are content with the current system.
I guess some people are content with the current system. Among those
who are content with it are the CEOs of health insurance companies.
They like this system. They make a lot of money. They do it at the
expense of a lot of people who need health care and end up being turned
down. So, unfortunately, the Republicans have no constructive proposals
to improve our bill. Each and every amendment, almost without
exception, has been to send the bill back to committee; to stop working
on it, and let's do this another day. All they want to do on the bill
is to delay it, as they tried to do today with the reading of the
Sanders amendment.
Senator Judd Gregg of New Hampshire is a friend of mine. He and his
wife Kathy and my wife Loretta and I have traveled together on official
business of the Senate. I like him. He is a smart guy. He is going to
retire, and he, in his wisdom, decided to leave a playbook for the
Republican side of the aisle, which they shared. It is page after page
of ways to slow down and stop the Senate from acting. Senator Gregg is
entirely within his rights as a Senator to do it. What I read in his
memo was accurate, but the intent and motive are clear: He wanted to
stop this bill from moving in order, and that became the real cause on
the Republican side of the aisle. They took a page out of Senator
Gregg's playbook today with Senator Coburn's demanding the amendment be
read. But it didn't work.
Madam President, I ask unanimous consent to have printed in the
Record a colloquy between former Senators Adams and Packwood on the
floor of the Senate on September 24, 1992.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Tax Enterprise Zones Act
(Senate--September 24, 1992), [Page: 27573]
The Senate continued with the consideration of the bill.
The PRESIDING OFFICER. The Senator from Washington is
recognized.
AMENDMENT NO. 3173
(Purpose: To amend the Internal Revenue Code of 1986 to deny the
benefits of certain export subsidies in the case of exports of certain
unprocessed timber, and to establish rural development programs for
certain rural communities and small businesses that have been adversely
affected by a declining timber supply and changes in the timber
industry in the Pacific Northwest)
Mr. ADAMS. Mr. President, I send an amendment to the desk
and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Washington [Mr. Adams] proposes an
amendment numbered 3173.
Mr. ADAMS. Mr. President, I ask unanimous consent that
reading of the amendment be dispensed with.
Mr. PACKWOOD. Mr. President, I object.
The PRESIDING OFFICER. Objection is heard. The clerk will
read the amendment.
The assistant legislative clerk continued reading the
amendment.
Mr. ADAMS. Mr. President, I ask unanimous consent that
further reading of the amendment be dispensed with.
Mr. PACKWOOD. I object.
The PRESIDING OFFICER. Objection is heard.
Mr, ADAMS. Mr. President, parliamentary inquiry? I have a
parliamentary inquiry of the Chair. Is it in order, during
the reading of the amendment, without it being dispensed
with, for the floor leader and the opponent of the amendment
to have a discussion?
The PRESIDING OFFICER. The regular order, as the Chair is
advised by the Parliamentarian, is that the amendment is to
be read because objection has been heard to the unanimous-
consent request.
The clerk will read the amendment.
The assistant legislative clerk continued reading the
amendment.
Mr. ADAMS. Mr. President, I ask permission to withdraw the
amendment.
The PRESIDING OFFICER. The Senator has a right to withdraw
the amendment.
Mr. ADAMS. I withdraw the amendment.
The PRESIDING OFFICER. The amendment is withdrawn.
The amendment (No. 3173) was withdrawn.
The text of the amendment (No. 3173) is as follows:
At the end of title VIII, insert the following new
sections:
Mr. DURBIN. Incidentally, Madam President, that is the colloquy I
referred to earlier where the Chair made exactly the same ruling on
that day as was made today, the finding in terms of rule XV, paragraph
2.
I also ask unanimous consent to have printed in the Record the
memorandum prepared by Senator Gregg for the Republican side of the
aisle concerning the rights of the minority in the Senate, which I have
mentioned earlier, and largely includes the rights to slow down and
stop the activity of the Senate.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Foundation for the Minority Party's Rights in the Senate (Fall 2009)
The Senate rules are designed to give a minority of
Senators the right to insist on a full, complete, and fully
informed debate on all measures and issues coming before the
Senate. This cornerstone of protection can only be abrogated
if 60 or more Senators vote to take these rights away from
the minority.
I. Rights Available to Minority Before Measures are
Considered on Floor (These rights are normally waived by
Unanimous Consent (UC) when time is short, but any Senator
can object to the waiver.)
New Legislative Day, An adjournment of the Senate, as
opposed to a recess, is required to trigger a new legislative
day. A new legislative day starts with the morning hour, a 2-
hour period with a number of required procedures. During part
of the ``morning hour'' any Senator may make non-debatable
motions to proceed to items on the Senate calendar.
One Day and Two Day Rules--The 1-day rule requires that
measures must lie over one ``legislative day'' before they
can be considered. All bills have to lie over one day,
whether they were introduced by an individual Senator (Rule
XIV) or reported by a committee (Rule XVII). The 2-day rule
requires that IF a committee chooses to file a written
report, that committee report MUST contain a CBO cost
estimate, a regulatory impact statement, and detail what
changes the measure makes to current law (or provide a
statement why any of these cannot be done), and that report
must be available at least 2 calendar days before a bill can
be considered on the Senate floor. Senators may block a
measure's consideration by raising a point of order if it
does not meet one of these requirements.
``Hard'' Quorum Calls--Senate operates on a presumptive
quorum of 51 senators and quorum calls are routinely
dispensed with by unanimous consent. If UC is not granted to
dispose of a routine quorum call, then the roll must continue
to be called. If a quorum is not present, the only motions
the leadership may make are to adjourn, to recess under a
previous order, or time-consuming motions to establish a
quorum that include requesting, requiring, and then arresting
Senators to compel their presence in the Senate chamber.
II. Rights Available to Minority During Consideration of
Measures in Senate (Many of these rights are regularly waived
by Unanimous Consent.)
Motions to Proceed to Measures--with the exception of
Conference Reports and Budget Resolutions, most such motions
are fully debatable and 60 votes for cloture is needed to cut
off extended debate.
Reading of Amendments and Conference Reports in Entirety--
In most circumstances, the reading of the full text of
amendments may only be dispensed with by unanimous consent.
Any Senator may object to dispensing with the reading. If, as
is often the case when the Senate begins consideration of a
House-passed vehicle, the Majority Leader offers a full-text
substitute amendment, the reading of that full-text
substitute amendment can only be waived by unanimous consent.
A member may only request the reading of a conference report
if it is not available in printed form (100 copies available
in the Senate chamber).
Senate Points of Order--A Senator may make a point of order
at any point he or she believes that a Senate procedure is
being violated, with or without cause. After the
[[Page 31998]]
presiding officer rules, any Senator who disagrees with such
ruling may appeal the ruling of the chair--that appeal is
fully debatable. Some points of order, such as those raised
on Constitutional grounds, are not ruled on by the presiding
officer and the question is put to the Senate, then the point
of order itself is fully debatable. The Senate may dispose of
a point of order or an appeal by tabling it; however, delay
is created by the two roll call votes in connection with each
tabling motion (motion to table and motion to reconsider that
vote).
Budget Points of Order--Many legislative proposals (bills,
amendments, and conference reports) are subject to a point of
order under the Budget Act or budget resolution, most of
which can only be waived by 60 votes. If budget points of
order lie against a measure, any Senator may raise them, and
a measure cannot be passed or disposed of unless the points
of order that are raised are waived. (See http://
budget.senate.gov/republican/pressarchive/PointsofOrder.pdf)
Amendment Process
Amendment Tree Process and/or Filibuster by Amendment--
until cloture is invoked, Senators may offer an unlimited
number of amendments--germane or non-germane--on any subject.
This is the fullest expression of a ``full, complete, and
informed'' debate on a measure. It has been necessary under
past Democrat majorities to use the rules governing the
amendment process aggressively to ensure that minority
Senators get votes on their amendment as originally written
(unchanged by the Majority Democrats.)
Substitute Amendments--UC is routinely requested to treat
substitute amendments as original text for purposes of
further amendment, which makes it easier for the majority to
offer 2nd degree amendments to gut 1st degree amendments by
the minority. The minority could protect their amendments by
objecting to such UC's.
Divisible Amendments--amendments are divisible upon demand
by any Senator if they contain two or more parts that can
stand independently of one another. This can be used to fight
efforts to block the minority from offering all of their
amendments, because a single amendment could be drafted,
offered at a point when such an amendment is in order, and
then divided into multiple component parts for separate
consideration and votes. Demanding division of amendments can
also be used to extend consideration of a measure. Amendments
to strike and insert text cannot be divided.
Motions to Recommit Bills to Committee With or Without
Instructions--A Senator may make a motion to recommit a bill
to the committee with or without instructions to the
Committee to report it back to the Senate with certain
changes or additions. Such instructions are amendable.
After Passage: Going to Conference,Motions to Instruct
Conferees, Matters Out of Scope of Conference
Going to Conference--The Senate must pass 3 separate
motions to go to conference: (1) a motion to insist on its
amendments or disagree with the House amendments; (2) a
motion to request/agree to a conference; and (3) a motion to
authorize the Chair to appoint conferees. The Senate
routinely does this by UC, but if a Senator objects the
Senate must debate each step and all 3 motions may be
filibustered (requiring a cloture vote to end debate).
Motion to Instruct Conferees--Once the Senate adopts the
first two motions, Senators may offer an unlimited number of
motions to instruct the Senate's conferees. The motions to
instruct are amendable--and divisible upon demand--by
Senators if they contain more than one separate and distinct
instruction.
Conference Reports, Out of Scope Motions--In addition to
demanding a copy of the conference report to be on every
Senator's desk and raising Budget points of order against it,
Senators may also raise a point of order that it contains
matter not related to the matters originally submitted to the
conference by either chamber. If the Chair sustains the point
or order, the provision(s) is stricken from the conference
agreement, and the House would then have to approve the
measure absent the stricken provision (even if the House had
already acted on the conference report). The scope point of
order can be waived by 60 Senators.
Availability of Conference Report Language. The conference
report must be publicly available on a website 48 hours in
advance prior to the vote on passage.
Mr. DURBIN. Madam President, I would just say that when Senator
McConnell came to the floor after the ruling and the decision of the
Chair, he said the plain language of the Senate precedent--the manual
that governs Senate procedure--is that unanimous consent of all Members
was required before the Senator from Vermont could withdraw his
amendment while it was being read. He said it required unanimous
consent. But that is not what the language of the Senate rules say that
I have read. They say a Senator has, as a matter of right under rule
XV, paragraph 2, to withdraw his amendment before action is taken. In
this case, as I mentioned earlier, the argument back in 1992 backs up
the Parliamentarian's decision in that interpretation of the rule.
So I would say it didn't work today to stop or slow down the Senate.
Currently, we are not technically debating health care reform. What is
before us now is the Department of Defense appropriations bill from the
House, which I hope we can move on quickly. I think it is not
controversial. It is a matter of finding money for our troops who are
risking their lives overseas and supporting their families at home and
providing health care for members of the military and their families. I
don't think there is much debate about that.
It also extends the unemployment benefits that people need across
America, which passed with a 97-to-0 vote, if I am not mistaken, not
that long ago--the last time it was considered. So these are matters
which should move along, and we should be able to do it in a fairly
straightforward way. I would hope we can show some bipartisanship when
it comes to our men and women in uniform and approve the Department of
Defense appropriations bill, which does not contain anything
controversial beyond what I have just described. We can then get back
to the health care reform bill. I think it is important that at some
point we bring this to a vote, to find if we indeed have the 60 votes
for health care reform. I sincerely hope we do.
I will close by saying this health care reform bill has its critics,
but it also has several features which can't be denied.
The first of those features that have been verified by the
Congressional Budget Office: This bill does not add to the deficit of
the United States; it reduces the deficit by $130 billion over 10 years
and $650 billion, moreover, the following 10 years.
We have also received reports from the Congressional Budget Office
that the result of this bill will be a decline in the increase in the
cost of health insurance premiums--something we desperately need.
It is a bill that will also extend health insurance coverage to 30
million more Americans who do not have it today--50 million uninsured
Americans; 30 million of them, 60 percent of them, will have the
protection of health insurance coverage. Ninety percent of Americans
will have health insurance coverage--the highest percentage in the
history of the United States of America--as a result of this bill.
This bill addresses directly the issue of whether health insurance
companies can continue to deny coverage when people need it the most.
We know stories from our own life experience and our families' and
people who write to our offices, that people in the most need of health
insurance protection are often turned down by the companies. They pore
through the applications and say: You failed to disclose a preexisting
condition. They say: Your amount of coverage has lapsed; your child is
too old to be covered by your family plan--the list goes on and on.
Finally, some of the most egregious abuses by health insurance
companies are addressed in this bill, and consumers across America are
given the legal power to fight back and the legal power to be
protected. That is why this bill is important and why it is worth
passing, all the criticism notwithstanding.
I might also say that it is a bill that is critically important for
the future of Medicare. If we do nothing, Medicare is going broke in 7
or 8 years, but we are told this bill will extend the life of Medicare
up to 10 more years. That is good news, to put Medicare on sound
financial footing, so our seniors like that.
The majority leader of the Senate came to the floor 2 days ago to
announce something else that will be part of the conference committee
here. The so-called doughnut hole, that gap in coverage for
prescription drugs under Medicare, is going to be filled so that
seniors will no longer have that period of uncertainty where their
bills have reached a level where they are disqualified from payment--
the so-called doughnut hole. It will be filled. It will give them peace
of mind that if they have expensive pharmaceuticals, they
[[Page 31999]]
will have no interruption in coverage in the future when it comes to
those pharmaceuticals.
For seniors, these are two major things--to put Medicare on sound
financial footing and to fill the doughnut hole under the Medicare
prescription part of the program.
It also is going to give seniors for the first time access to the
kind of preventive care--regular checkups--they need for peace of mind
and so doctors and professionals can catch problems before they get
worse.
This bill is a positive bill, a positive step forward.
Yesterday, we had a chance as a Senate Democratic caucus to meet with
President Obama. We went to the White House, the Executive Office
Building, and the President talked to us about what this bill means. He
reminded us that seven Presidents have tried to do this and failed. He
told us when he started this trek that he wanted to be the last
President to deal with health care reform because he wanted to get it
done. I feel the same way. I think the American people feel the same
way.
I am sure there is confusion. There have been a lot of misstatements
made about death panels and things that really have no basis in fact.
But people should be confident that when the AARP, the American
Association of Retired Persons, stands up and says this is a good bill
for the seniors in America under Medicare and Social Security and for
their families; when medical professionals, doctors and medical
professionals, stand up and say this is a good bill, that we have the
kind of support we need to say to the American people that this is an
important step forward in health care protection in America.
It is time for us to make history and pass this bill. Let's do it and
do it in time for Members to enjoy Christmas with their families.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. DURBIN. I ask unanimous consent that the Senate proceed to a
period of morning business, with Senators permit to speak for up to 10
minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
HONORING OUR ARMED FORCES
Mrs. BOXER. Madam President, I rise today to pay tribute to three
young Americans who have been killed in Iraq since July 28. This brings
to 882 the number of servicemembers either from California or based in
California that have been killed while serving our country in Iraq.
This represents 20 percent of all U.S. deaths in Iraq.
SPC Lukas C. Hopper, 20, of Merced, CA, died October 30, southeast of
Karadah, Iraq, of injuries sustained during a vehicle roll-over.
Private First Class Hopper was assigned to the 1st Battalion, 505th
Parachute Infantry Regiment, 3rd Brigade Combat Team, 82nd Airborne
Division, Fort Bragg, NC.
SPC Christopher M. Cooper, 28, of Oceanside, CA, died October 30 in
Babil province, Iraq, of injuries sustained from a noncombat related
incident. Specialist Cooper was assigned to the 2nd Battalion, 28th
Infantry, 172nd Infantry Brigade, Schweinfurt, Germany.
PVT Jhanner A. Tello, 29, of Los Angeles, CA, died December 10 in
Baghdad, Iraq, of injuries sustained from a noncombat related incident.
Private Tello was assigned to the 3rd Aviation Support Battalion, 227th
Aviation Regiment, 1st Air Cavalry Brigade, 1st Cavalry Division, Fort
Hood, TX.
I would also like to pay tribute to the 27 soldiers from California
or based in California who have died while serving our country in
Operation Enduring Freedom since July 28.
SPC Matthew K.S. Swanson, 20, of Lake Forest, CA, died August 8 at
the National Naval Medical Center in Bethesda, MD, of injuries
sustained during a vehicle roll-over July 19 in Logar province,
Afghanistan. Specialist Swanson was assigned to the 3rd Brigade Special
Troops Battalion, 3rd Brigade Combat Team, 10th Mountain Division,
Light Infantry, Fort Drum, NY.
LCpl Javier Olvera, 20, of Palmdale, CA, died August 8 while
supporting combat operations in Helmand province, Afghanistan. Lance
Corporal Olvera was assigned to 2nd Battalion, 8th Marine Regiment, 2nd
Marine Division, II Marine Expeditionary Force, Camp Lejeune, NC.
PFC Brian M. Wolverton, 21, of Oak Park, CA, died August 20 in Kunar
province, Afghanistan, of wounds suffered when insurgents attacked his
unit with indirect fire. Private First Class Wolverton was assigned to
the 1st Battalion, 32nd Infantry Regiment, 3rd Brigade Combat Team,
10th Mountain Division, Light Infantry, Fort Drum, NY.
LCpl Donald J. Hogan, 20, of San Clemente, CA, died August 26 while
supporting combat operations in Helmand province, Afghanistan. Lance
Corporal Hogan was assigned to 1st Battalion, 5th Marine Regiment, 1st
Marine Division, I Marine Expeditionary Force, Camp Pendleton, CA.
CPT John L. Hallett III, 30, of Concord, CA, died August 25 in
southern Afghanistan, of wounds suffered when enemy forces attacked his
vehicle with an improvised explosive device. Captain Hallett was
assigned to the 1st Battalion, 17th Infantry Regiment, 5th Stryker
Brigade, 2nd Infantry Division, Fort Lewis, WA.
SPC Tyler R. Walshe, 21, of Shasta, CA, died August 31 in southern
Afghanistan, of wounds suffered when enemy forces attacked his unit
with an improvised explosive device. Specialist Walshe was assigned to
the 1st Battalion, 17th Infantry Regiment, 5th Stryker Brigade, 2nd
Infantry Division, Fort Lewis, WA.
SPC Jonathan D. Welch, 19, of Yorba Linda, CA, died August 31 in
Shuyene Sufia, Afghanistan, of wounds suffered when enemy forces
attacked his unit with an improvised explosive device. Specialist Welch
was assigned to the 1st Battalion, 17th Infantry Regiment, 5th Stryker
Brigade, 2nd Infantry Division, Fort Lewis, WA.
PO3 James R. Layton, 22, of Riverbank, CA, died September 8 in Kunar
province, Afghanistan, while supporting combat operations. Petty
Officer 3rd Class Layton was assigned to an embedded training team with
Combined Security Transition Command in Afghanistan.
Capt Joshua S. Meadows, 30, of Bastrop, TX, died September 5 while
supporting combat operations in Farah province, Afghanistan. Captain
Meadows was assigned to 1st Marine Special Operations Battalion, Marine
Corps Forces Special Operations Command, Camp Pendleton, CA.
TSgt James R. Hornbarger, 33, of Castle Rock, WA, died September 12
as a result of a non-hostile incident in the Mediterranean. Technical
Sergeant Hornbarger was assigned to the 9th Aircraft Maintenance
Squadron, Beale Air Force Base, CA.
SGT Joshua M. Hardt, 24, of Applegate, CA, died October 3 in Kamdesh,
Afghanistan, of wounds suffered when enemy forces attacked his
contingency outpost with small arms, rocket-propelled grenade and
indirect fires. Sergeant Hardt was assigned to the 3rd Squadron, 61st
Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division, Fort
Carson, CO.
SSgt Aaron J. Taylor, 27, of Bovey, MN, died October 9 while
supporting combat operations in Helmand province, Afghanistan. Staff
Sergeant Taylor was assigned to Marine Wing Support Squadron 372,
Marine Wing Support Group 37, 3rd Marine Aircraft Wing, I Marine
Expeditionary Force, Camp Pendleton, CA.
LCpl Alfonso Ochoa, Jr., 20, of Armona, CA, died October 10 while
supporting combat operations in Farah province, Afghanistan. Lance
Corporal Ochoa was assigned to 2nd Battalion, 3rd Marine Regiment, 3rd
Marine Division, III Marine Expeditionary Force, Marine Corps Base
Hawaii, Kaneohe Bay.
[[Page 32000]]
SPC Jesus O. Flores, Jr., 28, of La Mirada, CA, died October 15 in
Kandahar province, Afghanistan, of wounds suffered when enemy forces
attacked his vehicle with an improvised explosive device. Specialist
Flores was assigned to the 569th Mobility Augmentation Company, 4th
Engineer Battalion, Fort Carson, CO.
SPC Michael A. Dahl, Jr., 23, of Moreno Valley, CA, died October 17
in Argahndab, Afghanistan, of wounds suffered when enemy forces
attacked his vehicle with an improvised explosive device. Specialist
Dahl was assigned to 1st Battalion, 17th Infantry Regiment, 5th Stryker
Brigade, 2nd Infantry Division, Fort Lewis, WA.
LCpl David R. Baker, 22, of Painesville, OH, died October 20 while
supporting combat operations in Helmand province, Afghanistan. Lance
Corporal Baker was assigned to 1st Battalion, 5th Marine Regiment, 1st
Marine Division, I Marine Expeditionary Force, Camp Pendleton, CA.
SPC Kyle A. Coumas, 22, of Lockeford, CA, died October 21 in Kandahar
province, Afghanistan, of wounds suffered when enemy forces attacked
his vehicle with an improvised explosive device. Specialist Coumas was
assigned to 1st Battalion, 17th Infantry Regiment, 5th Stryker Brigade
Combat Team, 2nd Infantry Division, Fort Lewis, WA.
Capt Kyle R. Van De Giesen, 29, of North Attleboro, MA, died October
26 while supporting combat operations in Helmand province, Afghanistan.
Captain Van De Giesen was assigned to Marine Light Attack Helicopter
Squadron 169, Marine Aircraft Group 39, 3rd Marine Aircraft Wing, I
Marine Expeditionary Force, Camp Pendleton, CA.
Capt David S. Mitchell, 30, of Loveland, OH, died October 26 while
supporting combat operations in Helmand province, Afghanistan. Captain
Mitchell was assigned to Marine Light Attack Helicopter Squadron 367,
Marine Aircraft Group 39, 3rd Marine Aircraft Wing, I Marine
Expeditionary Force, Camp Pendleton, CA.
Capt Eric A. Jones, 29, of Westchester, NY, died October 26 while
supporting combat operations in Helmand province, Afghanistan. Captain
Jones was assigned to Marine Light Attack Helicopter Squadron 169,
Marine Aircraft Group 39, 3rd Marine Aircraft Wing, I Marine
Expeditionary Force, Camp Pendleton, CA.
Cpl Gregory M.W. Fleury, 23, of Anchorage, AK, died October 26 while
supporting combat operations in Helmand province, Afghanistan. Corporal
Fleury was assigned to Marine Light Attack Helicopter Squadron 169,
Marine Aircraft Group 39, 3rd Marine Aircraft Wing, I Marine
Expeditionary Force, Camp Pendleton, CA.
SGT Eduviges G. Wolf, 24, of Hawthorne, CA, died October 25 in Kunar
province, Afghanistan, of wounds suffered when insurgents attacked her
vehicle with a rocket-propelled grenade. Sergeant Wolf was assigned to
the 704th Brigade Support Battalion, 4th Brigade Combat Team, 4th
Infantry Division, Fort Carson, CO.
LCpl Cody R. Stanley, 21, of Rosanky, TX, died October 28 while
supporting combat operations in Helmand province, Afghanistan. Lance
Corporal Stanley was assigned to 3rd Battalion, 4th Marine Regiment,
1st Marine Division, I Marine Expeditionary Force, Marine Corps Air
Ground Combat Center, Twentynine Palms, CA.
SFC David E. Metzger, 32, of San Diego, CA, died October 26 of wounds
suffered when the MH-47 helicopter he was aboard crashed in Darreh-ye
Bum, Afghanistan. Sergeant First Class Metzger was assigned to the 3rd
Battalion, 7th Special Forces Group, Airborne, Fort Bragg, NC.
Sgt Charles I. Cartwright, 26, of Union Bridge, MD, died November 7
while supporting combat operations in Farah province, Afghanistan.
Sergeant Cartwright was assigned to 1st Marine Special Operations
Battalion, U.S. Marine Corps Forces Special Operations Command, Camp
Pendleton, CA.
LCpl Justin J. Swanson, 21, of Anaheim, CA, died November 10 while
supporting combat operations in Helmand province, Afghanistan. Lance
Corporal Swanson was assigned to 1st Battalion, 5th Marine Regiment,
1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, CA.
PFC Marcus A. Tynes, 19, of Moreno Valley, CA, died November 21 in
Kandahar province, Afghanistan, of wounds sustained when enemy forces
attacked his vehicle with an improvised explosive device. Private First
Class Tynes was assigned to the 2nd Battalion, 508th Parachute Infantry
Regiment, 4th Brigade Combat Team, 82nd Airborne Division, Fort Bragg,
NC.
____________________
COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY SUBCOMMITTEE
ASSIGNMENTS
Mrs. LINCOLN. Madam President, the Committee on Agriculture,
Nutrition and Forestry has amended and adopted subcommittees for the
111th Congress. On behalf of myself and Senator Chambliss, I ask
unanimous consent that a copy of the subcommittees be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
United States Senate Committee on Agriculture, Nutrition, and Forestry
111th Congress
Subcommittee Assignments
Subcommittee on Rural Revitalization, Conservation,
Forestry and Credit: Rural economic revitalization and
quality of life; rural job and business growth; rural
electrification, telecommunications and utilities;
conservation, protection and stewardship of natural
resources; state, local and private forests and general
forestry; agricultural and rural credit.
Sen. Stabenow, Chair; Sen. Leahy; Sen. Harkin; Sen. Nelson;
Sen. Casey; Sen. Bennet; Sen. Cornyn, Ranking; Sen. Cochran;
Sen. McConnell; Sen. Grassley; and Sen. Thune.
Subcommittee on Energy, Science and Technology: Renewable
energy production and energy efficiency improvement on farms
and ranches and in rural communities; food and agricultural
research, education, economics and extension; innovation in
the use of agricultural commodities and materials.
Sen. Bennet, Chair; Sen. Conrad; Sen. Nelson; Sen. Brown;
Sen. Klobuchar; Sen. Stabenow; Sen. Gillibrand; Sen. Thune,
Ranking; Sen. Lugar; Sen. Roberts; Sen. Johanns; Sen.
Grassley; and Sen. Cornyn.
Subcommittee on Hunger, Nutrition, and Family Farms:
Domestic and international nutrition and food assistance and
hunger prevention; school and child nutrition programs; local
and healthy food initiatives; futures, options and
derivatives; pesticides; and general legislation.
Sen. Brown, Chair; Sen. Leahy; Sen. Harkin; Sen. Baucus;
Sen. Stabenow; Sen. Casey; Sen. Klobuchar; Sen. Bennet; Sen.
Gillibrand; Sen. Lugar, Ranking; Sen. Cochran; Sen.
McConnell; and Sen. Cornyn.
Subcommittee on Production, Income Protection and Price
Support: Production of agricultural crops, commodities and
products; farm and ranch income protection and assistance;
commodity price support programs; insurance and risk
protection; fresh water food production.
Sen. Casey, Chair; Sen. Leahy; Sen. Harkin; Sen. Conrad;
Sen. Baucus; Sen. Brown; Sen. Roberts, Ranking; Sen. Cochran;
Sen. Johanns; Sen. Grassley; and Sen. Thune.
Subcommittee on Domestic and Foreign Marketing, Inspection,
and Plant and Animal Health: Agricultural trade; foreign
market development; domestic marketing and product promotion;
marketing orders and regulation of agricultural markets and
animal welfare; inspection and certification of plants,
animals and products; plant and animal diseases and health
protection.
Sen. Gillibrand, Chair; Sen. Conrad; Sen. Baucus; Sen.
Nelson; Sen. Klobuchar; Sen. Johanns, Ranking; Sen. Lugar;
Sen. McConnell; and Sen. Roberts.
*Senator Lincoln and Senator Chambliss serve as ex officio
members of all subcommittees.
____________________
ADDITIONAL STATEMENTS
______
TRIBUTE TO CANADIAN SENATOR JERAHMIEL ``JERRY'' GRAFSTEIN
Mr. CARDIN. Madam President, I wish to draw the attention of
my colleagues to the retirement of Jerahmiel S. Grafstein from the
Canadian Senate.
As a member and now as Chairman of the Helsinki Commission, I have
had the privilege to know and work with Jerry Grafstein over the years
through participation in the Parliamentary Assembly of the Organization
for Security and Cooperation in Europe--the OSCE. I know that my
colleague from Ohio, Senator Voinovich, also knows Jerry well, having
just worked with
[[Page 32001]]
him on a resolution at this year's Annual Session of the Assembly in
Vilnius, Lithuania, on combating anti-Semitism. I suspect that many of
my other Senate colleagues have also worked with him over the years, as
have many of our colleagues in the House of Representatives.
Anybody who has met Senator Grafstein immediately recognizes him as a
man of tremendous energy, deep commitment and brilliant mind.
Commenting on Jerry's career, one of his Canadian Senate colleagues
noted the daunting task of paying tribute ``to a force of nature
disguised as a person.'' A successful lawyer, businessman and member of
the Liberal Party, he was summoned to the Canadian Senate in 1984.
Jerry Grafstein's accomplishments over the next 25 years of public
service are much more than I can relay here.
I do, however, want to highlight Jerry's prominent work with the 56
countries, 300 member OSCE Parliamentary Assembly. Serving for 6 years
as the Assembly's treasurer and then, with me since 2007, as one of
nine Vice Presidents, Jerry has understood the potential of this
multilateral parliamentary forum to promote human rights, democracy and
tolerance. Such a vital forum, however, does not just magically appear
for the world's benefit. Someone has to take the time to make it
function by participating as an officer, attending countless
organizational meetings and, for us and our Canadian neighbors,
traveling frequently across the Atlantic to do so. Jerry was one who
rose to the challenge and then some.
Even as he helped on organizational matters, Jerry Grafstein found
more time than most others to focus on substance. First and foremost,
he has helped to lead the charge against rising anti-Semitism across
Europe and around the world. Diplomacy has a tendency to soften the
criticism and downplay the negative, often until it is too late, but
Jerry has helped to ensure that the OSCE did not shy away from dealing
directly with this and other manifestations of hate and prejudice that
dangerously confront far too many societies. Today, thanks to the
vigilance of Jerry Grafstein and others, efforts to promote greater
tolerance are now a solid, ongoing and vital aspect of the OSCE's work.
This distinguished Senator from Canada also found time to participate
and help lead OSCE PA missions observing elections and referenda in
places like Russia, Ukraine, Georgia and Montenegro. By being an
international observer, he became a witness to history and, in my view,
helped history forward and make the world a more democratic place.
In all his public endeavors, Jerry Grafstein has been a close friend
of the United States of America. He has helped over the years to
develop the bilateral dialogue between the U.S. Congress and the
Canadian Parliament. He has come here to Washington on many occasions,
including as a participant in Helsinki Commission events. He has always
made clear that he is Canadian and proud of the country he represents,
but that has never kept him from developing areas of common interest
and seeking points of agreement even on some issues where our national
views may otherwise diverge.
Jerry Grafstein has been and will remain a close personal friend as
well, always concerned, always engaging, never pretentious. I wish him
and his wife Carole the very best. Although he deserves some time off,
I am confident that he will remain prominent in the life of the vibrant
city of Toronto.
In noting the many accomplishments of Jerahmiel Grafstein and
thanking him for his commitment to public service, I respectfully
borrow the Canadian Senate's tradition and join his colleagues in
saying: ``Hear, Hear!'' On a personal level, I believe I speak for
numerous colleagues of my own in saying that Jerry will be missed, and
always welcome to come and visit.
____________________
TRIBUTE TO TOMAS VILLANUEVA
Mrs. MURRAY. Madam President, today I would like to take a
moment to recognize a very special advocate, activist, and champion for
equal rights in my home State of Washington on his birthday.
Tomas Villanueva has been a farmworkers, warehouse packers, and other
economically disadvantaged laborers advocate since the early 1960s.
Tomas was one of the first people involved in the United Farmworkers
Union in my home State and has fought for years to ensure that workers
are treated with dignity, respect, and under the protections of the
law.
Tomas' involvement with the human rights movement began in the early
1960s when he was inspired by UFW leader Cesar Chavez. And since that
time, Tomas has fought for numerous causes and people while maintaining
his reputation as a kind, generous, compassionate and humble leader.
Tomas has also been a close friend and partner of mine for a very
long time. He has helped my staff and I recognize the depth of the
difficult conditions that farmworkers face, and has been a consistent
voice in fighting to improve conditions through the legislative
process.
Farmworker housing is a moral issue, an economic issue, and a family
issue. Too many workers and their families face very difficult living
conditions. Some live in their cars. Others share run-down, overcrowded
rooms with other families. These are not the kinds of living conditions
we can tolerate in the United States in the 21st century. They are
certainly not suitable for the people who help put food on our tables
and who keep our State's economy strong. Tomas knows that we can and
must do better.
Tomas Villanueva was 14 when his family emigrated from Mexico. After
following the crops for three years, the family settled in Toppenish,
Washington in 1958. Tomas spent the next several years working various
jobs before earning a high school GED and enrolling in Yakima Valley
College.
Hearing about Caesar Chavez's United Farm Workers movement, Tomas
travelled to California in 1967 to learn about organizing. Returning to
the Yakima Valley, he helped found the United Farm Worker Cooperative,
one of the very first Chicano organizations in the State of Washington.
From 1967 to 1974, Tomas devoted himself to farm worker organizing
and Chicano movement activism. Out of these efforts came the Yakima
Valley Farmworkers Clinic, the United Farm Workers Service Center, a
wave of hop harvest strikes in 1969, 1970, 1971, and a successful grape
boycott.
In 1974, Tomas started a construction company with his father and
brothers, but in the 1980s he was back in the union movement. In 1986
he became the first president of the newly formed United Farm Workers
of Washington State. Today he lives in Toppenish and remains active in
State and local politics.
Tomas Villanueva continues to be a valued friend, hard-working
partner, and widely-respected leader in his community. I am so pleased
to recognize his lifetime of achievements on this special day.
____________________
RECOGNIZING SUTHERLAND WESTON MARKETING COMMUNICATIONS
Ms. SNOWE. Madam President, as we approach the holiday season,
we are frequently reminded of the generosity and warmth that Americans
demonstrate year in and year out at this most festive time. In
particular, we often hear stories of employees at local businesses who
graciously donate their time and efforts to help the less fortunate.
This week I wish to recognize the employees of one such company who
consistently work to improve the lot of everyone in their community.
Sutherland Weston Marketing Communications of Bangor is a cutting-
edge firm that specializes in a host of marketing topics, including
public relations, media, and branding. Specifically, the company helps
its customers design memorable flyers and mailers, effective television
advertisements, and state-of-the-art Web sites, and teaches them the
increased value of employing popular social media, such as Facebook and
Twitter, in their marketing decisions. Since its inception in
[[Page 32002]]
2005, Sutherland Weston has assisted dozens of clients throughout Maine
seeking ways to enhance their image and broaden their customer base.
Among them are local small businesses such as Maine Wood Concepts of
Guilford and Raye's Mustard Mill of Eastport; organizations like the
Bangor Symphony Orchestra; and institutions such as the University of
Maine.
Furthermore, members of the Sutherland Weston team participate
regularly in conferences and seminars to better educate the public on
how to maximize marketing strategies. One such event is the Social
Media 101 seminar, held this past March, where the firm's owners--
Elizabeth Sutherland and Cary Weston--presented a workshop designed at
increasing the professional use of sites such as Facebook, Twitter, and
LinkedIn.
The nine employees of Sutherland Weston are also active members of
the greater Bangor community, contributing to various philanthropic
endeavors on a regular basis. This past June, the company took part in
the 25th Trek Across Maine in support of the American Lung Association.
The ``Green Marketeers,'' including Sutherland Weston employees,
spouses, and friends, took to their bicycles for the 180-mile trip from
Bethel's Sunday River mountain to the coastal town of Belfast, raising
nearly $8,000 in pledges along the way.
Additionally, in recognition of the true meaning of Christmas, the
company's employees donated time and talent this year to creating a
new, user-friendly Web site called Christmas is for Kids, a critical
program that facilitates donations of holiday gifts for underprivileged
children across Maine. The Web site allows users to find the name and
hometown of a child, as well as the specific gift he or she is
requesting, adding a personal touch to the experience. Donors indicate
which gift they are willing to purchase so that it can be removed from
the listing, doing their best to ensure that no child is left out.
Several sponsors have suggested that because of Sutherland Weston's
noteworthy Web site, 2009 may be the most successful season in the
program's 27-year history.
As we look forward to celebrating the upcoming holidays with our
loved ones, let us take a moment to remember those experiencing sorrow
during this joyous season. And let us also recognize those who are
working in every community across the country to make someone's day
brighter through deeds great and small. I thank Elizabeth Sutherland,
Cary Weston, and everyone at Sutherland Weston Marketing Communications
for their selfless gift this holiday season, and wish them continued
success in their future endeavors.
____________________
MESSAGES FROM THE HOUSE
At 11:49 a.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 1084. An act to require the Federal Communications
Commission to prescribe a standard to preclude commercials
from being broadcast at louder volumes than the program
material they accompany.
H.R. 1517. An act to allow certain U.S. Customs and Border
Protection employees who serve under an overseas limited
appointment for at least 2 years, and whose service is rated
fully successful or higher throughout that time, to be
converted to a permanent appointment in the competitive
service.
H.R. 2194. An act to amend the Iran Sanctions Act of 1996
to enhance United States diplomatic efforts with respect to
Iran by expanding economic sanctions against Iran.
H.R. 3978. An act to amend the Implementing Recommendations
of the 9/11 Commission Act of 2007 to authorize the Secretary
of Homeland Security to accept and use gifts for otherwise
authorized activities of the Center for Domestic Preparedness
that are related to preparedness for and response to
terrorism, and for other purposes.
The message also announced that the House has passed the following
bill, without amendment:
S. 1472. An act to establish a section within the Criminal
Division of the Department of Justice to enforce human rights
laws, to make technical and conforming amendments to criminal
and immigration laws pertaining to human rights violations,
and for other purposes.
The message further announced that the House has agreed to the
following concurrent resolution:
H. Con. Res. 223. Concurrent resolution providing for the
sine die adjournment of the first session of the One Hundred
Eleventh Congress.
____
At 2:10 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House
agreed to the amendment of the Senate to the bill (H.R. 3326) making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes; with an amendment, in which
it requests the concurrence of the Senate.
____
At 5:29 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 1110. An act to amend title 18, United States Code, to
prevent caller ID spoofing, and for other purposes.
H.R. 4314. An act to permit continued financing of
Government operations.
H.J. Res. 64. Joint resolution making further continuing
appropriations for fiscal year 2010, and for other purposes.
The message also announced that the House has agreed to the following
concurrent resolution, in which it requests the concurrence of the
Senate:
H. Con Res. 160. Concurrent resolution recognizing the
contributions of the American Kennel Club.
____________________
MEASURES REFERRED
The following bills were read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 1084. An act to require the Federal Communications
Commission to prescribe a standard to preclude commercials
from being broadcast at louder volumes than the program
material they accompany; to the Committee on Commerce,
Science, and Transportation.
H.R. 1110. An act to amend title 18, United States Code, to
prevent caller ID spoofing, and for other purposes; to the
Committee on the Judiciary.
H.R. 1517. An act to allow certain U.S. Customs and Border
Protection employees who serve under an overseas limited
appointment for at least 2 years, and whose service is rated
fully successful or higher throughout that time, to be
converted to a permanent appointment in the competitive
service; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 2194. An act to amend the Iran Sanctions Act of 1996
to enhance United States diplomatic efforts with respect to
Iran by expanding economic sanctions against Iran; to the
Committee on Banking, Housing, and Urban Affairs.
H.R. 3978. An act to amend the Implementing Recommendations
of the 9/11 Commission Act of 2007 to authorize the Secretary
of Homeland Security to accept and use gifts for otherwise
authorized activities of the Center for Domestic Preparedness
that are related to preparedness for and response to
terrorism, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
The following concurrent resolution was read, and referred as
indicated:
H. Con. Res. 160. Concurrent resolution honoring the
American Kennel Club; to the Committee on the Judiciary.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-4057. A communication from the Acting Administrator,
Risk Management Agency, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Common Crop Insurance Regulations; Basic Provision'' ((7
CFR Part 457 (RIN0563-AC23)) received in the Office of the
President of the Senate on December 8, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-4058. A communication from the Acting Farm Bill
Coordinator, Commodity Credit Corporation, Department of
Agriculture, transmitting, pursuant to law, the report of a
rule entitled ``Agricultural Management Assistance Program''
(RIN0578-AA50) received in the Office of the President of the
Senate on December 14, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-4059. A communication from the Acting Farm Bill
Coordinator, Commodity Credit Corporation, Department of
Agriculture,
[[Page 32003]]
transmitting, pursuant to law, the report of a rule entitled
``Regional Equity'' (RIN0578-AA44) received in the Office of
the President of the Senate on December 14, 2009; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-4060. A communication from the Administrator, Fruit and
Vegetable Programs, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Potato
Research and Promotion Plan; Assessment Increase'' (Docket
No. AMS-FV-09-0024; FV-09-706FR) received in the Office of
the President of the Senate on December 14, 2009; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-4061. A communication from the Administrator, Fruit and
Vegetable Programs, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Vegetable
Import Regulations; Modification of Potato Import
Regulations'' (Docket No. AMS-FV-08-0018; FV08-980-1 FR)
received in the Office of the President of the Senate on
December 14, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-4062. A communication from the Regulatory Officer,
Foreign Agricultural Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``McGovern Dole International Food for Education and Child
Nutrition Program and Food for Progress Program'' (RIN0551-
AA78) received in the Office of the President of the Senate
on December 9, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-4063. A communication from the Regulatory Officer,
Foreign Agricultural Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Adjustment of Appendices to the Dairy Tariff-Rate Import
Quota Licensing Regulation for the 2009 Tariff-Rate Quota
Year'' (7 CFR Part 6) received in the Office of the President
of the Senate on December 9, 2009; to the Committee on
Agriculture, Nutrition, and Forestry.
EC-4064. A communication from the Regulatory Officer,
Foreign Agricultural Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Technical Assistance for Specialty Crops'' (RIN0551-AA71)
received in the Office of the President of the Senate on
December 9, 2009; to the Committee on Agriculture, Nutrition,
and Forestry.
EC-4065. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Section 807(e)(4) Exception for Section 338
Regulations'' (Notice No. 2010-1) received in the Office of
the President of the Senate on December 10, 2009; to the
Committee on Finance.
EC-4066. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Remedial Amendment Period and Reliance for
Section 403(b) Plans'' (Announcement 2009-89) received in the
Office of the President of the Senate on December 10, 2009;
to the Committee on Finance.
EC-4067. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Interim Guidance on Interactions with
Foreign Tax Officials'' (LMSB-4-0409-013) received in the
Office of the President of the Senate on December 10, 2009;
to the Committee on Finance.
EC-4068. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Revenue Ruling: 94X Examples'' (Rev. Rul.
2009-39) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Finance.
EC-4069. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Production Tax Credits for Refined Coal''
(Notice No. 2009-90) received in the Office of the President
of the Senate on December 10, 2009; to the Committee on
Finance.
EC-4070. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``2009 Base Period T-Bill Rate'' (Rev. Rul.
2009-36) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Finance.
EC-4071. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Update of Weighted Average Interest Rates,
Yield Curves, and Segment Rates'' (Notice 2009-96) received
in the Office of the President of the Senate on December 10,
2009; to the Committee on Finance.
EC-4072. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Salvage Discount Factors for 2009'' (Rev.
Proc. 2009-56) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Finance.
EC-4073. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``2010 Standard Mileage Rates'' (Rev. Proc.
2009-54) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Finance.
EC-4074. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Extension of Attributed Tip Income Program
(ATIP)'' (Rev. Proc. 2009-53) received in the Office of the
President of the Senate on December 10, 2009; to the
Committee on Finance.
EC-4075. A communication from the Chairman of the
Securities and Exchange Commission, transmitting, pursuant to
law, a report entitled ``2008 Annual Report of the Securities
Investor Protection Corporation''; to the Committee on
Banking, Housing, and Urban Affairs.
EC-4076. A communication from the Acting Assistant
Secretary for Export Administration, Bureau of Industry and
Security, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Implementation of the
Wassenaar Arrangement's (WA) Task Force on Editorial Issues
(TFEI) Revisions'' (RIN0694-AE71) received in the Office of
the President of the Senate on December 4, 2009; to the
Committee on Banking, Housing, and Urban Affairs.
EC-4077. A communication from the Assistant to the Board of
Governors, Federal Reserve System, transmitting, pursuant to
law, the report of a rule entitled ``Risk-Based Capital
Guidelines; Capital Adequacy Guidelines; Capital Maintenance;
Capital--Residential Mortgage Loans Modified Pursuant to the
Home Affordable Mortgage Program'' (Docket No. R-1361)
received in the Office of the President of the Senate on
December 4, 2009; to the Committee on Banking, Housing, and
Urban Affairs.
EC-4078. A communication from the Assistant to the Board of
Governors, Federal Reserve System, transmitting, pursuant to
law, the report of a rule entitled ``Risk-Based Capital
Guidelines; Capital Adequacy Guidelines; Capital Maintenance;
Capital--Residential Mortgage Loans Modified Pursuant to the
Home Affordable Mortgage Program'' (RIN1550-AC34) received in
the Office of the President of the Senate on December 9,
2009; to the Committee on Banking, Housing, and Urban
Affairs.
EC-4079. A communication from the Legal Information
Assistant, Office of Thrift Supervision, Department of the
Treasury, transmitting, pursuant to law, the report of a rule
entitled ``Final Model Privacy Form Under the Gramm-Leach-
Bliley Act'' (RIN1550-AC12) received in the Office of the
President of the Senate on December 9, 2009; to the Committee
on Banking, Housing, and Urban Affairs.
EC-4080. A communication from the Deputy to the Chairman
for External Affairs, Federal Deposit Insurance Corporation,
transmitting, pursuant to law, the report of a rule entitled
``Interest on Deposits'' (RIN3064-AD46) received in the
Office of the President of the Senate on December 10, 2009;
to the Committee on Banking, Housing, and Urban Affairs.
EC-4081. A communication from the Deputy to the Chairman
for External Affairs, Federal Deposit Insurance Corporation,
transmitting, pursuant to law, the report of a rule entitled
``Risk-Based Capital Guidelines; Capital Adequacy Guidelines;
Capital Maintenance; Capital--Residential Mortgage Loans
Modified Pursuant to the Home Affordable Mortgage Program''
(RIN3064-AD42) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Banking,
Housing, and Urban Affairs.
EC-4082. A communication from the Director, Minerals
Management Service, Department of the Interior, transmitting,
pursuant to law, a report entitled ``Report to Congress:
Minerals Management Service Royalty in Kind Operation
Program'' for Fiscal Year 2008; to the Committee on Energy
and Natural Resources.
EC-4083. A communication from the Assistant General Counsel
for Legislation, Regulation and Energy Efficiency, Department
of Energy, transmitting, pursuant to law, the report of a
rule entitled ``Loan Guarantees for Projects That Employ
Innovative Technologies'' (RIN1901-AB27) received in the
Office of the President of the Senate on December 8, 2009; to
the Committee on Energy and Natural Resources.
EC-4084. A communication from the Division Chief of
Regulatory Affairs, Bureau of Land Management, Department of
the Interior, transmitting, pursuant to law, the report of a
rule entitled ``Oil and Gas Leasing; National Petroleum
Reserve, Alaska'' (RIN1004-AD87) received in the Office of
the President of the Senate on December 9, 2009; to the
Committee on Energy and Natural Resources.
[[Page 32004]]
EC-4085. A communication from the General Counsel, Federal
Energy Regulatory Commission, transmitting, pursuant to law,
the report of a rule entitled ``Mandatory Reliability
Standards for the Calculation of Available Transfer
Capability, Capacity Benefit Margins, Transmission
Reliability Margins, Total Transfer Capability, and Existing
Transmission Commitments and Mandatory Reliability Standards
for the Bulk-Power System'' (Docket Nos. RM08-19-000, RM08-
19-001, RM09-5-000, RM06-16-005) received in the Office of
the President of the Senate on December 10, 2009; to the
Committee on Energy and Natural Resources.
EC-4086. A communication from the Director of Congressional
Affairs, Office of Administration, Nuclear Regulatory
Commission, transmitting, pursuant to law, the report of a
rule entitled ``Administrative Changes: Clarification of the
Location of Guidance for Electronic Submission and other
Miscellaneous Corrections'' (RIN3150-AI73) received in the
Office of the President of the Senate on December 9, 2009; to
the Committee on Environment and Public Works.
EC-4087. A communication from the Deputy Assistant
Administrator, Bureau for Legislative and Public Affairs,
U.S. Agency for International Development, transmitting,
pursuant to law, the Agency's response to the GAO report
entitled ``Rebuilding IRAQ: Improved Management Controls and
Iraqi Commitment Needed for Key State and USAID Capacity-
Building Programs''; to the Committee on Foreign Relations.
EC-4088. A communication from the Assistant Secretary,
Bureau of Legislative Affairs, Department of State,
transmitting, pursuant to law, the report of a rule entitled
``Visas: Documentation of Immigrants and Nonimmigrants-Visa
Classification Symbols'' received in the Office of the
President of the Senate on December 9, 2009; to the Committee
on Foreign Relations.
EC-4089. A communication from the Deputy Director of
Regulations and Policy Management Staff, Food and Drug
Administration, Department of Health and Human Services,
transmitting, pursuant to law, the report of a rule entitled
``Organ-Specific Warnings; Antipyretic, and Antirheumatic
Drug Products for Over-the-Counter Human Use; Final
Monograph; Technical Amendment'' (Docket No. FDA-1977-N-0013)
received in the Office of the President of the Senate on
December 9, 2009; to the Committee on Health, Education,
Labor, and Pensions.
EC-4090. A communication from the Assistant General Counsel
for Regulatory Services, Office of Elementary and Secondary
Education, Department of Education, transmitting, pursuant to
law, the report of a rule entitled ``State Fiscal
Stabilization Fund Program'' (RIN1810-AB04) received in the
Office of the President of the Senate on December 10, 2009;
to the Committee on Health, Education, Labor, and Pensions.
EC-4091. A communication from the Director of Regulations
and Rulings, Alcohol and Tobacco Tax and Trade Bureau,
Department of the Treasury, transmitting, pursuant to law,
the report of a rule entitled ``Establishment of the
Calistoga Viticultural Area (2003R-496P)'' (RIN1513-AA92)
received in the Office of the President of the Senate on
December 10, 2009; to the Committee on the Judiciary.
EC-4092. A communication from the Staff Director, United
States Commission on Civil Rights, transmitting, pursuant to
law, the report of the appointment of members to the
Massachusetts Advisory Committee; to the Committee on the
Judiciary.
EC-4093. A communication from the Principal Deputy
Assistant Attorney General, Office of Legislative Affairs,
Department of Justice, transmitting, pursuant to law, a
report entitled ``Report to the Nation 2009''; to the
Committee on the Judiciary.
EC-4094. A communication from the National Executive
Secretary, Navy Club of the United States of America,
transmitting, pursuant to law, a report relative to the
national financial statement of the organization and national
staff and convention minutes for the year ending July 31,
2009; to the Committee on the Judiciary.
EC-4095. A communication from the Chairman of the National
Transportation Safety Board, transmitting, pursuant to law,
the report of a rule entitled ``Notification and Reporting of
Aircraft Accidents or Incidents and Overdue Aircraft, and
Preservation of Aircraft Wreckage, Mail, Cargo, and Records''
received in the Office of the President of the Senate on
December 10, 2009; to the Committee on Commerce, Science, and
Transportation.
EC-4096. A communication from the Deputy Chief Counsel of
the Office of Regulations and Security Standards,
Transportation Security Administration, Department of
Homeland Security, transmitting, pursuant to law, the report
of a rule entitled ``False Statements Regarding Security
Background Checks'' (RIN1652-AA65) received in the Office of
the President of the Senate on December 10, 2009; to the
Committee on Commerce, Science, and Transportation.
EC-4097. A communication from the Trial Attorney, Federal
Railroad Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Adjustment of the Monetary Threshold for Reporting Rail
Equipment Accidents/Incidents for Calendar Year 2010''
(RIN2130-ZA02) received in the Office of the President of the
Senate on December 10, 2009; to the Committee on Commerce,
Science, and Transportation.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. INOUYE, from the Committee on Appropriations:
Special Report entitled ``Further Revised Allocation to
Subcommittees of Budget Totals From the Concurrent
Resolution, Fiscal Year 2010.'' (Rept. No. 111-109).
By Mrs. LINCOLN, from the Committee on Agriculture,
Nutrition, and Forestry, without amendment:
H.R. 310. A bill to provide for the conveyance of
approximately 140 acres of land in the Ouachita National
Forest in Oklahoma to the Indian Nations Council, Inc., of
the Boy Scouts of America, and for other purposes.
H.R. 511. A bill to authorize the Secretary of Agriculture
to terminate certain easements held by the Secretary on land
owned by the Village of Caseyville, Illinois, and to
terminate associated contractual arrangements with the
Village.
By Mrs. LINCOLN, from the Committee on Agriculture,
Nutrition, and Forestry, without amendment and with a
preamble:
S. Res. 374. A resolution recognizing the cooperative
efforts of hunters, sportsmen's associations, meat
processors, hunger relief organizations, and State wildlife,
health, and food safety agencies to establish programs that
provide game meat to feed the hungry.
By Mr. BINGAMAN, from the Committee on Energy and Natural
Resources, without amendment:
S. 1672. A bill to reauthorize the National Oilheat
Research Alliance Act of 2000.
By Mr. DORGAN, from the Committee on Indian Affairs, with
amendments:
S. 1790. A bill to amend the Indian Health Care Improvement
Act to revise and extend that Act, and for other purposes.
____________________
EXECUTIVE REPORTS OF COMMITTEES
The following executive reports of nominations were submitted:
By Mrs. LINCOLN for the Committee on Agriculture,
Nutrition, and Forestry.
*Jill Long Thompson, of Indiana, to be a Member of the Farm
Credit Administration Board, Farm Credit Administration, for
a term expiring May 21, 2014.
By Mr. LIEBERMAN for the Committee on Homeland Security and
Governmental Affairs.
*Elizabeth M. Harman, of Maryland, to be an Assistant
Administrator of the Federal Emergency Management Agency,
Department of Homeland Security.
*Grayling Grant Williams, of Maryland, to be Director of
the Office of Counternarcotics Enforcement, Department of
Homeland Security.
By Mr. AKAKA for the Committee on Veterans' Affairs.
*Robert A. Petzel, of Minnesota, to be Under Secretary for
Health of the Department of Veterans Affairs.
*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Ms. LANDRIEU (for herself and Ms. Klobuchar):
S. 2885. A bill to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to provide adequate benefits for public
safety officers injured or killed in the line of duty, and
for other purposes; to the Committee on the Judiciary.
By Ms. CANTWELL (for herself, Mr. McCain, and Mr.
Feingold):
S. 2886. A bill to prohibit certain affiliations (between
commercial banking and investment banking companies), and for
other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
By Mrs. MURRAY:
S. 2887. A bill to amend title V of the Elementary and
Secondary Education Act of 1965 to reduce class size through
the use of highly qualified teachers, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
By Mr. ROCKEFELLER (for himself, Mrs. Hutchison, Mr.
Lautenberg, Mr. Thune, and Mr. Dorgan):
S. 2889. A bill to reauthorize the Surface Transportation
Board, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
[[Page 32005]]
By Mr. FEINGOLD:
S. 2890. A bill to amend the Buy American Act to increase
the requirement for American-made content, to tighten the
waiver provisions, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
By Mr. REID (for himself, Mr. Ensign, Mrs. Feinstein,
and Mrs. Boxer):
S. 2891. A bill to further allocate and expand the
availability of hydroelectric power generated at Hoover Dam,
and for other purposes; to the Committee on Energy and
Natural Resources.
By Mr. SHELBY (for himself and Mr. Sessions):
S. 2892. A bill to establish the Alabama Black Belt
National Heritage Area, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mr. SCHUMER:
S. 2893. A bill to amend the Controlled Substances Import
and Export Act to prevent the use of Indian reservations
located on the United States borders to facilitate cross--
border drug trafficking, and for other purposes; to the
Committee on the Judiciary.
By Mrs. GILLIBRAND:
S. 2894. A bill to amend the Internal Revenue Code to
provide for a refundable tax credit for heating fuels and to
create a grant program for States to provide individuals with
loans to weatherize their homes; to the Committee on Finance.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. INOUYE (for himself, Mr. Gregg, Mr. Lieberman,
and Mr. Durbin):
S. Res. 376. A resolution honoring the 60th anniversary of
the establishment of diplomatic relations between the United
States and the Hashemite Kingdom of Jordan, the 10th
anniversary of the accession to the throne of His Majesty
King Abdullah II Ibn Al Hussein, and for other purposes;
considered and agreed to.
By Mr. MENENDEZ:
S. Con. Res. 48. A concurrent resolution recognizing the
leadership and historical contributions of Dr. Hector Garcia
to the Hispanic community and his remarkable efforts to
combat racial and ethnic discrimination in the United States
of America; to the Committee on the Judiciary.
____________________
ADDITIONAL COSPONSORS
S. 678
At the request of Mr. Leahy, the name of the Senator from Minnesota
(Mr. Franken) was added as a cosponsor of S. 678, a bill to reauthorize
and improve the Juvenile Justice and Delinquency Prevention Act of
1974, and for other purposes.
S. 777
At the request of Mr. Brown, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of S. 777, a bill to promote
industry growth and competitiveness and to improve worker training,
retention, and advancement, and for other purposes.
S. 1055
At the request of Mrs. Boxer, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 1055, a bill to
grant the congressional gold medal, collectively, to the 100th Infantry
Battalion and the 442nd Regimental Combat Team, United States Army, in
recognition of their dedicated service during World War II.
S. 1067
At the request of Mr. Brownback, the name of the Senator from
California (Mrs. Feinstein) was withdrawn as a cosponsor of S. 1067, a
bill to support stabilization and lasting peace in northern Uganda and
areas affected by the Lord's Resistance Army through development of a
regional strategy to support multilateral efforts to successfully
protect civilians and eliminate the threat posed by the Lord's
Resistance Army and to authorize funds for humanitarian relief and
reconstruction, reconciliation, and transitional justice, and for other
purposes.
S. 1204
At the request of Mrs. Murray, the name of the Senator from Alaska
(Mr. Begich) was added as a cosponsor of S. 1204, a bill to amend the
Department of Veterans Affairs Health Care Programs Enhancement Act of
2001 to require the provision of chiropractic care and services to
veterans at all Department of Veterans Affairs medical centers, and for
other purposes.
S. 1492
At the request of Mr. Bennet, his name was added as a cosponsor of S.
1492, a bill to amend the Public Health Service Act to fund
breakthroughs in Alzheimer's disease research while providing more help
to caregivers and increasing public education about prevention.
S. 1524
At the request of Mr. Kerry, the name of the Senator from Maine (Ms.
Collins) was added as a cosponsor of S. 1524, a bill to strengthen the
capacity, transparency, and accountability of United States foreign
assistance programs to effectively adapt and respond to new challenges
of the 21st century, and for other purposes.
S. 1743
At the request of Mrs. Lincoln, the name of the Senator from
Louisiana (Ms. Landrieu) was added as a cosponsor of S. 1743, a bill to
amend the Internal Revenue Code of 1986 to expand the rehabilitation
credit, and for other purposes.
S. 1809
At the request of Mr. Wicker, the name of the Senator from
Mississippi (Mr. Cochran) was added as a cosponsor of S. 1809, a bill
to amend the Clean Air Act to promote the certification of aftermarket
conversion systems and thereby encourage the increased use of
alternative fueled vehicles.
S. 1859
At the request of Mr. Rockefeller, the name of the Senator from Ohio
(Mr. Brown) was added as a cosponsor of S. 1859, a bill to reinstate
Federal matching of State spending of child support incentive payments.
S. 2052
At the request of Mr. Udall of Colorado, the names of the Senator
from Louisiana (Ms. Landrieu) and the Senator from Idaho (Mr. Risch)
were added as cosponsors of S. 2052, a bill to amend the Energy Policy
Act of 2005 to require the Secretary of Energy to carry out a research
and development and demonstration program to reduce manufacturing and
construction costs relating to nuclear reactors, and for other
purposes.
S. 2129
At the request of Ms. Collins, the name of the Senator from Hawaii
(Mr. Akaka) was added as a cosponsor of S. 2129, a bill to authorize
the Administrator of General Services to convey a parcel of real
property in the District of Columbia to provide for the establishment
of a National Women's History Museum.
S. 2847
At the request of Mr. Whitehouse, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 2847, a bill to
regulate the volume of audio on commercials.
S. 2852
At the request of Mr. Begich, the name of the Senator from Texas
(Mrs. Hutchison) was added as a cosponsor of S. 2852, a bill to
establish, within the National Oceanic and Atmospheric Administration,
an integrated and comprehensive ocean, coastal, Great Lakes, and
atmospheric research, prediction, and environmental information program
to support renewable energy.
S. 2853
At the request of Mr. Gregg, the name of the Senator from Alaska (Ms.
Murkowski) was added as a cosponsor of S. 2853, a bill to establish a
Bipartisan Task Force for Responsible Fiscal Action, to assure the
long-term fiscal stability and economic security of the Federal
Government of the United States, and to expand future prosperity growth
for all Americans.
S. 2859
At the request of Mr. Inouye, the name of the Senator from Florida
(Mr. LeMieux) was added as a cosponsor of S. 2859, a bill to
reauthorize the Coral Reef Conservation Act of 2000, and for other
purposes.
S. 2862
At the request of Ms. Snowe, the name of the Senator from Indiana
(Mr. Bayh) was added as a cosponsor of S. 2862, a bill to amend the
Small Business Act to improve the Office of International Trade, and
for other purposes.
S. 2869
At the request of Ms. Landrieu, the names of the Senator from Indiana
(Mr. Bayh), the Senator from Georgia
[[Page 32006]]
(Mr. Isakson) and the Senator from California (Mrs. Feinstein) were
added as cosponsors of S. 2869, a bill to increase loan limits for
small business concerns, to provide for low interest refinancing for
small business concerns, and for other purposes.
S. 2871
At the request of Mr. Inouye, the name of the Senator from Oregon
(Mr. Wyden) was added as a cosponsor of S. 2871, a bill to make
technical corrections to the Western and Central Pacific Fisheries
Convention Implementation Act, and for other purposes.
S. RES. 374
At the request of Mrs. Lincoln, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of S. Res. 374, a resolution
recognizing the cooperative efforts of hunters, sportsmen's
associations, meat processors, hunger relief organizations, and State
wildlife, health, and food safety agencies to establish programs that
provide game meat to feed the hungry.
AMENDMENT NO. 2790
At the request of Mr. Casey, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of amendment No. 2790 intended to
be proposed to H.R. 3590, a bill to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes.
AMENDMENT NO. 2866
At the request of Mr. Specter, the name of the Senator from Colorado
(Mr. Udall) was added as a cosponsor of amendment No. 2866 intended to
be proposed to H.R. 3590, a bill to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes.
AMENDMENT NO. 2938
At the request of Mrs. Gillibrand, the name of the Senator from
Hawaii (Mr. Akaka) was added as a cosponsor of amendment No. 2938
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
AMENDMENT NO. 2976
At the request of Mr. Cardin, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of amendment No. 2976
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
AMENDMENT NO. 2993
At the request of Mr. Schumer, the name of the Senator from Indiana
(Mr. Bayh) was added as a cosponsor of amendment No. 2993 intended to
be proposed to H.R. 3590, a bill to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes.
AMENDMENT NO. 2997
At the request of Ms. Klobuchar, the name of the Senator from
Maryland (Ms. Mikulski) was added as a cosponsor of amendment No. 2997
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
AMENDMENT NO. 3073
At the request of Mrs. Feinstein, the name of the Senator from New
York (Mrs. Gillibrand) was added as a cosponsor of amendment No. 3073
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
AMENDMENT NO. 3085
At the request of Mrs. Lincoln, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of amendment No. 3085
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
AMENDMENT NO. 3136
At the request of Mr. Udall of New Mexico, the name of the Senator
from South Dakota (Mr. Johnson) was added as a cosponsor of amendment
No. 3136 intended to be proposed to H.R. 3590, a bill to amend the
Internal Revenue Code of 1986 to modify the first-time homebuyers
credit in the case of members of the Armed Forces and certain other
Federal employees, and for other purposes.
AMENDMENT NO. 3227
At the request of Mr. Cardin, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of amendment No. 3227 intended
to be proposed to H.R. 3590, a bill to amend the Internal Revenue Code
of 1986 to modify the first-time homebuyers credit in the case of
members of the Armed Forces and certain other Federal employees, and
for other purposes.
AMENDMENT NO. 3228
At the request of Ms. Landrieu, the names of the Senator from New
York (Mrs. Gillibrand) and the Senator from Pennsylvania (Mr. Specter)
were added as cosponsors of amendment No. 3228 intended to be proposed
to H.R. 3590, a bill to amend the Internal Revenue Code of 1986 to
modify the first-time homebuyers credit in the case of members of the
Armed Forces and certain other Federal employees, and for other
purposes.
AMENDMENT NO. 3241
At the request of Mr. Carper, the name of the Senator from New
Hampshire (Mr. Gregg) was added as a cosponsor of amendment No. 3241
intended to be proposed to H.R. 3590, a bill to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. CANTWELL (for herself, Mr. McCain, and Mr. Feingold):
S. 2886. A bill to prohibit certain affiliations (between commercial
banking and investment banking companies), and for other purposes; to
the Committee on Banking, Housing, and Urban Affairs.
Mr. McCAIN. Mr. President, I am pleased to be joining my friend and
colleague from Washington, Senator Cantwell, to introduce the Banking
Integrity Act of 2009. My reasons for joining this effort are simple--I
want to ensure that we never stick the American taxpayer with another
$700 billion tab to bail out the financial industry. If big Wall Street
institutions want to take part in risky transactions--fine. But we
should not allow them to do so with federally insured deposits.
Paul Volcker, a top economist in the Obama administration and former
Federal Reserve Chairman, wants the nation's banks to be prohibited
from owning and trading risky securities, the very practice that got
the biggest ones into deep trouble in 2008. The administration is
saying no, it will not separate commercial banking from investment
operations. Mr. Volcker argues that regulation by itself will not work.
Sooner or later, the giants, in pursuit of profits, will get into
trouble. The administration should accept this and shield commercial
banking from Wall Street's wild ways. ``The banks are there to serve
the public,'' Mr. Volcker said, ``and that is what they should
concentrate on. These other activities create conflicts of interest.
They create risks, and if you try to control the risks with
supervision, that just creates friction and difficulties'' and
ultimately fails.
The bill we are introducing today precludes any member bank of the
Federal Reserve System from being affiliated with any entity or
organization that is engaged principally in the issue, flotation,
underwriting, public sale or distribution of stocks, bonds, debentures
or other securities. Essentially,
[[Page 32007]]
commercial banks may no longer intermingle their business activities
with investment banks. It is that simple.
Since the repeal of the Glass Steagall Act in 1999, this country has
seen a new culture emerge in the financial industry: one of dangerous
greed and excessive risk-taking. Commercial banks traditionally used
people's deposits for the constructive purpose of main street loans.
They did not engage in high risk ventures. Investment banks, however,
managed rich people's money--those who can afford to take bigger risks
in order to get a bigger return, and who bore their own losses. When
these two worlds collided, the investment bank culture prevailed,
cutting off the credit lifeblood of main street firms, demanding
greater returns that were achievable only through high leverage and
huge risk taking, and leaving taxpayers with the fallout.
When the glass wall dividing banks and securities firms was
shattered, common sense and caution went out the door. The new mantra
of ``bigger is better'' took over--and the path forward focused on
short-term gains rather than long-term planning. Banks became
overleveraged in their haste to keep up in the race. The more they
lent, the more they made. Aggressive mortgages were underwritten for
unqualified individuals who became homeowners saddled with loans they
couldn't afford. Banks turned right around and bought portfolios of
these shaky loans.
Sub-prime loans made up only five percent of all mortgage lending in
1998, but by the time the financial crisis peaked in late 2008, they
were approaching 30 percent. Since January 2008, we have seen 159 state
and national banks fail. In my home State of Arizona, five banks have
shut their doors, leaving small businesses scrambling to find credit
from other banks that may have already been overleveraged.
Banks sold sub-prime mortgages to their affiliates and other
securities firms for securitization, while other financial institutions
made risky bets on these and other assets for which they had no
financial interest. As the market grew bigger, its foundation became
shakier. It was like a house of cards waiting to fall, and fall it did.
In October 2008, the financial system was on the brink of collapse
when Congress was forced to risk $700 billion of taxpayer dollars to
bail out the industry. These financial institutions had become ``too
big to fail.'' In fact, the special inspector general of the Troubled
Asset Relief Program, TARP, testified before Congress earlier this year
that ``total potential Federal Government support could reach $23.7
trillion'' to stabilize and support the financial system. Ironically,
some of these ``too big to fail'' institutions have now become even
bigger. An editorial from yesterday's New York Times stated:
The truth is that the taxpayers are still very much on the
hook for a banking system that is shaping up to be much
riskier than the one that led to disaster.
Big bank profits, for instance, still come mostly courtesy
of taxpayers. Their trading earnings are financed by more
than a trillion dollars' worth of cheap loans from the
Federal Reserve, for which some of their most noxious assets
are collateral. They benefit from immense federal loan
guarantees, but they are not lending much. Lending to
business, notably, is very tight.
What profits the banks make come mostly from trading. Many
big banks are happy to depend on the lifeline from the Fed
and hang onto their toxic assets hoping for a rebound in
prices. And the whole system has grown more concentrated.
Bank of America was considered too big to fail before the
meltdown. Since then, it has acquired Merrill Lynch. Wells
Fargo took over Wachovia. JPMorgan Chase gobbled up Bear
Stearns.
If the goal is to reduce the number of huge banks that
taxpayers must rescue at any cost, the nation is moving in
the wrong direction. The growth of the biggest banks ensures
that the next bailout will have to be even bigger. These
banks will be more likely to take on excessive risk because
they have the implicit assurance of rescue.
Excess was a common theme for banks/financial institutions in the
mid-2000s--excessive risk, excessive bonuses. Times were good at
Merrill Lynch in 2006 when the firm's risky mortgage business was
booming. The firm made record earnings of $7.5 billion that year and
paid out bonuses of $5 billion to $6 billion. Fast forward to late 2008
when Merrill's gambling left it in deep financial despair with losses
exceeding $27 billion. Yet we witnessed the firm pay out another $3.6
billion in bonuses just before it was acquired by Bank of America.
Merrill Lynch wasn't alone in excess and greed. Citigroup posted a
net loss of nearly $28 billion in 2008, yet paid out $5.3 billion in
bonuses. Although Goldman Sachs earned only $2.3 billion, it paid out
$4.8 billion in bonuses. Morgan Stanley earned $1.7 billion, and paid
out nearly $4.5 billion in bonuses. JPMorgan Chase earned $5.6 billion
and paid $8.7 billion in bonuses. If a company doesn't make money, how
can it pay these bonuses? In this case, each of these firms was a
recipient of billions in taxpayer-funded TARP money.
The Federal Government has set a dangerous precedent here. We sent
the wrong message to the financial industry: you engage in bad, risky
business practices, and when you get into trouble, the government will
be there to save your hide. Many would call it a moral hazard. I call
it a taxpayer-funded subsidy for risky behavior.
The consolidation of the banking world was also riddled with
conflicts of interest, despite the purported firewalls that were put
into place. If an investment bank had underwritten shares for a company
that was now in financial trouble, the investment bank's commercial arm
would feel pressure to lend the company money, despite the lack of
merits to do so. The Banking Integrity Act of 2009 would eliminate some
of these conflicts.
Today, it is time to put a stop to the taxpayer-financed excesses of
Wall Street. No single financial institution should be so big that its
failure would bring ruin to our economy and destroy millions of
American jobs. This country would be better served if we limit the
activities of these financial institutions. Banks should accept
consumer deposits and invest conservatively, while investment banks
engage in underwriting and sales of securities.
I urge my colleagues to support this bill.
______
By Mr. CARDIN:
S. 2888. A bill to amend section 205 of title 18, United States Code,
to exempt qualifying law school students participating in legal clinics
from the application of the general conflict of interest rules under
such section; to the Committee on the Judiciary.
Mr. CARDIN. Mr. President, I have introduced the Law Student
Participation Act of 2009.
The bill creates exceptions to Federal conflicts of interest law
which generally prohibits Federal employees from acting as an attorney
or agent in a matter adverse to the U.S. government. The legislation
directs the exceptions to Federal employees attending law school and
participating in legal clinics and employees of the District of
Columbia who staff legal clinics. Where the Federal employee has
participated personally and substantially in the matter or the matter
is before the employee's particular agency or department, specific
conflicts of interest provisions still apply. The current law is over
broad and denies learning and teaching opportunities where no real
conflict may exist.
Law schools, including schools in my home State, have voiced concern
over the present law. Some of these schools include the University of
Maryland, the University of the District of Columbia, and Georgetown
University School of Law. The schools have related stories of students,
who are Federal employees, regulated to clinics dealing only with state
matters. In other instances a student might start working on a client's
matter, but will be unable to continue once the matter goes to trial or
before an administrative proceeding. Law schools complain that under
such circumstances the client's right to effective counsel is
diminished. Due to a requirement I championed, the University of
Maryland School of Law faces unique challenges. Each student must
provide legal services to the poor or persons who otherwise lack access
to justice prior to graduation. Federal employees, unlike other
students, must choose
[[Page 32008]]
from a smaller selection of clinics due to the current Federal
conflicts of interest law. Finally, if Federal employee students seek
careers in practice areas where Federal law predominates, they likely
will obtain no practical clinic experience in law school.
It should be noted that the Office of Government Ethics, OGE, and the
Department of Justice are aware of the text of the bill. Both have
conveyed informally that they do not have problems with this
legislation. The OGE released a report in 2006 that was critical of
current Federal conflict of interest law as being overbroad and
specifically pointed out that volunteer work was frequently barred even
when no potential for conflict of interest existed.
The current law deprives law students who are Federal employees of
valuable practical educational opportunities. Ultimately participation
in these clinics would result in better attorneys many of whom later go
on to work for the Federal government.
______
By Mr. FEINGOLD:
S. 2890. A bill to amend the Buy American Act to increase the
requirement for American-made content, to tighten the waiver
provisions, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. FEINGOLD. Mr. President, today I am introducing legislation to
help American workers and companies.
The bill that I am introducing, the Buy American Improvement Act,
focuses on the Federal Government's responsibility to support domestic
manufacturers and workers and on the role of Federal procurement policy
in achieving this goal. The reintroduction of this bill, which I first
introduced in 2003, is part of my ongoing efforts to support American
workers and manufacturing.
The Buy American Act of 1933 is the primary statute that governs
Federal procurement. The name of this law accurately describes its
purpose: to ensure that the Federal Government supports domestic
companies and domestic workers by buying American-made goods.
Regrettably, this law contains a number of loopholes that make it too
easy for government agencies to buy foreign-made goods.
My bill, the Buy American Improvement Act, would strengthen the
existing law by tightening its waiver provisions. Currently, the heads
of Federal departments and agencies are given broad discretion to waive
the act and buy foreign goods with little or no accountability. We
should ensure that the Federal Government makes every effort to give
Federal contracts to companies that will perform the work domestically.
We should also ensure that certain types of industries do not leave the
U.S. completely, thus making the Federal Government dependent on
foreign sources for goods, such as plane or ship parts, that our
military may need to acquire on short notice.
With unemployed workers in the U.S. facing a double-digit
unemployment rate, the highest rate since 1983, it is critical Congress
back efforts to support American workers. Many unemployed American
workers are currently facing persistently long periods of unemployment;
data from the Department of Labor showed that in October of this year,
over 35 percent of unemployed workers had been without jobs for at
least 27 weeks. Since December of 2007, the number of unemployed
workers in the U.S. has grown by over 8 million, with manufacturing and
construction workers being particularly hard-hit. We need to do all we
can to promote fiscally responsible Federal policies that support the
creation of American jobs to help get the unemployed and Funderemployed
back to work. A strong Buy American Act should be part of the Federal
effort to create and retain American jobs.
During another period of economic upheaval in the 1930s, Congress
passed a series of laws designed to promote job growth in the U.S.,
including the Buy American Act of 1933, 41 U.S.C. Sec. 10a-10d. The Buy
American Act requires the Federal Government to support domestic
manufacturers and workers by purchasing American-made goods. Over the
years, other domestic sourcing legislation has been passed to help
support American industry, including the Buy America Act, 23 U.S.C.
Sec. 313, which applies to Federal transportation funding. In addition,
Congress included domestic sourcing requirements in the American
Recovery and Reinvestment Act, P.L. 111-5, earlier this year because it
recognized the importance of supporting American workers and American
industry. My legislation would help American industry by making it more
difficult to waive the Buy American Act and help ensure the Federal
Government does all it can to support American workers.
I have a long record of supporting efforts to help taxpayers get the
most bang for their buck and opposing wasteful Federal spending. I
don't think anyone can argue that supporting American jobs is
``wasteful.'' We owe it to American manufacturers and their employees
to make sure they get a fair shake. I would not support awarding a
contract to an American company that is price-gouging, but we should
make every effort to ensure that domestic sources for goods needed by
the Federal Government do not dry up because American companies have
been slightly underbid by foreign competitors.
The gaping loopholes in the Buy American Act and the trade agreements
and defense procurement agreements that contain additional waivers of
domestic source restrictions have combined to weaken our domestic
manufacturing base by allowing--and sometimes actually encouraging--the
Federal Government to buy foreign-made goods. Congress can and should
do more to support American companies and American workers. We must
strengthen the Buy American Act and we must stop entering into bad
trade agreements that send our jobs overseas and undermine our own
domestic preference laws.
By strengthening Federal procurement policy, we can help to bolster
our domestic manufacturers during these difficult times. As I have
repeatedly noted, Congress cannot simply stand on the sidelines while
tens of thousands of American manufacturing jobs have been and continue
to be shipped overseas. While there may be no single solution to this
problem one way in which Congress should act is by strengthening the
Buy American Act.
______
By Mr. REID (for himself, Mr. Ensign, Mrs. Feinstein, and Mrs.
Boxer):
S. 2891. A bill to further allocate and expand the avaiability of
hydroelectric power generated at Hoover Dam, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2891
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoover Power Allocation Act
of 2009''.
SEC. 2. ALLOCATION OF CONTRACTS FOR POWER.
(a) Schedule A Power.--Section 105(a)(1)(A) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(A)) is
amended--
(1) by striking ``renewal'';
(2) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(3) by striking Schedule A and inserting the following:
[[Page 32009]]
``SCHEDULE A
Long term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm Energy (thousands of kWh)
Contractor capacity -----------------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
Metropolitan Water District of Southern California 249,948 859,163 368,212 1,227,375
City of Los Angeles 495,732 464,108 199,175 663,283
Southern California Edison Company 280,245 166,712 71,448 238,160
City of Glendale 18,178 45,028 19,297 64,325
City of Pasadena 11,108 38,622 16,553 55,175
City of Burbank 5,176 14,070 6,030 20,100
Arizona Power Authority 190,869 429,582 184,107 613,689
Colorado River Commission of Nevada 190,869 429,582 184,107 613,689
United States, for Boulder City 20,198 53,200 22,800 76,000
------------------------------------------------------
Totals 1,462,323 2,500,067 1,071,729 3,571,796''.
----------------------------------------------------------------------------------------------------------------
(b) Schedule B Power.--Section 105(a)(1)(B) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(B)) is amended
to read as follows:
``(B) To each existing contractor for power generated at
Hoover Dam, a contract, for delivery commencing October 1,
2017, of the amount of contingent capacity and firm energy
specified for that contractor in the following table:
``SCHEDULE B
Long term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon
project contractors
----------------------------------------------------------------------------------------------------------------
Contingent Firm Energy (thousands of kWh)
Contractor capacity -----------------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
City of Glendale 2,020 2,749 1,194 3,943
City of Pasadena 9,089 2,399 1,041 3,440
City of Burbank 15,149 3,604 1,566 5,170
City of Anaheim 40,396 34,442 14,958 49,400
City of Azusa 4,039 3,312 1,438 4,750
City of Banning 2,020 1,324 576 1,900
City of Colton 3,030 2,650 1,150 3,800
City of Riverside 30,296 25,831 11,219 37,050
City of Vernon 22,218 18,546 8,054 26,600
Arizona 189,860 140,600 60,800 201,400
Nevada 189,860 273,600 117,800 391,400
------------------------------------------------------
Totals 507,977 509,057 219,796 728,853''.
----------------------------------------------------------------------------------------------------------------
(c) Schedule C Power.--Section 105(a)(1)(C) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(a)(1)(C)) is
amended--
(1) by striking ``June 1, 1987'' and inserting ``October 1,
2017''; and
(2) by striking Schedule C and inserting the following:
``SCHEDULE C
Excess Energy
----------------------------------------------------------------------------------------------------------------
Priority of entitlement to excess energy State
----------------------------------------------------------------------------------------------------------------
First: Meeting Arizona's first priority right to delivery of excess Arizona
energy which is equal in each year of operation to 200 million
kilowatthours: Provided, That in the event excess energy in the amount
of 200 million kilowatthours is not generated during any year of
operation, Arizona shall accumulate a first right to delivery of excess
energy subsequently generated in an amount not to exceed 600 million
kilowatthours, inclusive of the current year's 200 million
kilowatthours. Said first right of delivery shall accrue at a rate of
200 million kilowatthours per year for each year excess energy in an
amount of 200 million kilowatthours is not generated, less amounts of
excess energy delivered.
Second: Meeting Hoover Dam contractual obligations under Schedule A of Arizona, Nevada, and California
subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and
under Schedule D of subsection (a)(2), not exceeding 26 million
kilowatthours in each year of operation.
Third: Meeting the energy requirements of the three States, such Arizona, Nevada, and California''.
available excess energy to be divided equally among the States.
----------------------------------------------------------------------------------------------------------------
(d) Schedule D Power.--Section 105(a) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(a)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2)(A) The Secretary of Energy is authorized to and shall
create from the apportioned allocation of contingent capacity
and firm energy adjusted from the amounts authorized in this
Act in 1984 to the amounts shown in Schedule A and Schedule
B, as modified by the Hoover Power Allocation Act of 2009, a
resource pool equal to 5 percent of the full rated capacity
of 2,074,000 kilowatts, and associated firm energy, as shown
in Schedule D (referred to in this section as `Schedule D
contingent capacity and firm energy'):
[[Page 32010]]
``SCHEDULE D
Long term Schedule D resource pool of contingent capacity and associated firm energy for new allottees
----------------------------------------------------------------------------------------------------------------
Contingent Firm Energy (thousands of kWh)
State capacity -----------------------------------------
(kW) Summer Winter Total
----------------------------------------------------------------------------------------------------------------
New Entities Allocated by the Secretary of Energy 69,170 105,637 45,376 151,013
New Entities Allocated by State
Arizona 11,510 17,580 7,533 25,113
California 11,510 17,580 7,533 25,113
Nevada 11,510 17,580 7,533 25,113
------------------------------------------------------
Totals 103,700 158,377 67,975 226,352
----------------------------------------------------------------------------------------------------------------
``(B) The Secretary of Energy shall offer Schedule D
contingency capacity and firm energy to entities not
receiving contingent capacity and firm energy under
subparagraphs (A) and (B) of paragraph (1) (referred to in
this section as `new allottees') for delivery commencing
October 1, 2017 pursuant to this subsection. In this
subsection, the term `the marketing area for the Boulder City
Area Projects' shall have the same meaning as in Appendix A
of the General Consolidated Power Marketing Criteria or
Regulations for Boulder City Area Projects published in the
Federal Register on December 28, 1984 (49 Fed. Reg. 50582 et
seq.) (referred to in this section as the `Criteria').
``(C)(i) Within 18 months of the date of enactment of the
Hoover Power Allocation Act of 2009, the Secretary of Energy
shall allocate through the Western Area Power Administration
(referred to in this section as `Western'), for delivery
commencing October 1, 2017, for use in the marketing area for
the Boulder City Area Projects 66.7 percent of the Schedule D
contingent capacity and firm energy to new allottees that are
located within the marketing area for the Boulder City Area
Projects and that are--
``(I) eligible to enter into contracts under section 5 of
the Boulder Canyon Project Act (43 U.S.C. 617d); or
``(II) federally recognized Indian tribes.
``(ii) In the case of Arizona and Nevada, Schedule D
contingent capacity and firm energy for new allottees shall
be offered through the Arizona Power Authority and the
Colorado River Commission of Nevada, respectively.
``(iii) In performing its allocation of Schedule D power
provided for in this subparagraph, Western shall apply
criteria developed in consultation with the States of
Arizona, Nevada, and California.
``(D) Within 1 year of the date of enactment of the Hoover
Power Allocation Act of 2009, the Secretary of Energy also
shall allocate, for delivery commencing October 1, 2017, for
use in the marketing area for the Boulder City Area Projects
11.1 percent of the Schedule D contingent capacity and firm
energy to each of--
``(i) the Arizona Power Authority for allocation to new
allottees in the State of Arizona;
``(ii) the Colorado River Commission of Nevada for
allocation to new allottees in the State of Nevada; and
``(iii) Western for allocation to new allottees within the
State of California.
``(E) Each contract offered pursuant to this subsection
shall include a provision requiring the new allottee to pay a
proportionate share of its State's respective contribution
(determined in accordance with each State's applicable
funding agreement) to the cost of the Lower Colorado River
Multi-Species Conservation Program (as defined in section
9401 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1327)), and to execute the
Boulder Canyon Project Implementation Agreement Contract No.
95-PAO-10616 (referred to in this section as the
`Implementation Agreement').
``(F) Any of the 66.7 percent of Schedule D contingent
capacity and firm energy that is to be allocated by Western
that is not allocated and placed under contract by October 1,
2017, shall be returned to those contractors shown in
Schedule A and Schedule B in the same proportion as those
contractors' allocations of Schedule A and Schedule B
contingent capacity and firm energy. Any of the 33.3 percent
of Schedule D contingent capacity and firm energy that is to
be distributed within the States of Arizona, Nevada, and
California that is not allocated and placed under contract by
October 1, 2017, shall be returned to the Schedule A and
Schedule B contractors within the State in which the Schedule
D contingent capacity and firm energy were to be distributed,
in the same proportion as those contractors' allocations of
Schedule A and Schedule B contingent capacity and firm
energy.''.
(e) Total Obligations.--Paragraph (3) of section 105(a) of
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as
redesignated as subsection (d)(1)) is amended--
(1) in the first sentence, by striking ``schedule A of
subsection (a)(1)(A) of this section and schedule B of
subsection (a)(1)(B) of this section'' and inserting
``pursuant to paragraphs (1)(A), (1)(B), and (2)''; and
(2) in the second sentence--
(A) by striking ``any'' and inserting ``each'';
(B) by striking ``schedule C'' and inserting ``Schedule
C''; and
(C) by striking ``schedules A and B'' and inserting
``Schedules A, B, and D''.
(f) Power Marketing Criteria.--Paragraph (4) of section
105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C.
619a(a)) (as redesignated as subsection (d)(1)) is amended to
read as follows:
``(4) Subdivision E of the Criteria shall be deemed to have
been modified to conform to this section, as modified by the
Hoover Power Allocation Act of 2009. The Secretary of Energy
shall cause to be included in the Federal Register a notice
conforming the text of the regulations to such
modifications.''.
(g) Contract Terms.--Paragraph (5) of section 105(a) of the
Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as
redesignated as subsection (d)(1)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) in accordance with section 5(a) of the Boulder Canyon
Project Act (43 U.S.C. 617d(a)), expire September 30,
2067;'';
(2) in the proviso of subparagraph (B)--
(A) by striking ``shall use'' and inserting ``shall
allocate''; and
(B) by striking ``and'' after the semicolon at the end;
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) authorize and require Western to collect from new
allottees a pro rata share of Hoover Dam repayable advances
paid for by contractors prior to October 1, 2017, and remit
such amounts to the contractors that paid such advances in
proportion to the amounts paid by such contractors as
specified in section 6.4 of the Implementation Agreement;
``(E) permit transactions with an independent system
operator; and
``(F) contain the same material terms included in section
5.6 of those long term contracts for purchases from the
Hoover Power Plant that were made in accordance with this Act
and are in existence on the date of enactment of the Hoover
Power Allocation Act of 2009.''.
(h) Existing Rights.--Section 105(b) of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a(b)) is amended by striking
``2017'' and inserting ``2067''.
(i) Offers.--Section 105(c) of the Hoover Power Plant Act
of 1984 (43 U.S.C. 619a(c)) is amended to read as follows:
``(c) Offer of Contract to Other Entities.--If any existing
contractor fails to accept an offered contract, the Secretary
of Energy shall offer the contingent capacity and firm energy
thus available first to other entities in the same State
listed in Schedule A and Schedule B, second to other entities
listed in Schedule A and Schedule B, third to other entities
in the same State which receive contingent capacity and firm
energy under subsection (a)(2) of this section, and last to
other entities which receive contingent capacity and firm
energy under subsection (a)(2) of this section.''.
(j) Availability of Water.--Section 105(d) of the Hoover
Power Plant Act of 1984 (43 U.S.C. 619a(d) is amended to read
as follows:
``(d) Water Availability.--Except with respect to energy
purchased at the request of an allottee pursuant to
subsection (a)(3), the obligation of the Secretary of Energy
to deliver contingent capacity and firm energy pursuant to
contracts entered into pursuant to this section shall be
subject to availability of the water needed to produce such
contingent capacity and firm energy. In the event that water
is not available to produce the contingent capacity and firm
energy set forth in Schedule A, Schedule B, and Schedule D,
the Secretary of Energy shall adjust the contingent capacity
and firm energy offered under those Schedules in the same
proportion as those contractors' allocations of Schedule A,
Schedule B, and Schedule D contingent capacity and firm
energy bears to the full rated contingent capacity and firm
energy obligations.''.
[[Page 32011]]
(k) Conforming Amendments.--Section 105 of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a) is amended--
(1) by striking subsections (e) and (f); and
(2) by redesignating subsections (g), (h), and (i) as
subsections (e), (f), and (g), respectively.
(l) Continued Congressional Oversight.--Subsection (e) of
section 105 of the Hoover Power Plant Act of 1984 (43 U.S.C.
619a)) (as redesignated by subsection (k)(2)) is amended--
(1) in the first sentence, by striking ``the renewal of'';
and
(2) in the second sentence, by striking ``June 1, 1987, and
ending September 30, 2017'' and inserting ``October 1, 2017,
and ending September 30, 2067''.
(m) Court Challenges.--Subsection (f)(1) of section 105 of
the Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as
redesignated by subsection (k)(2)) is amended in the first
sentence by striking ``this Act'' and inserting ``the Hoover
Power Allocation Act of 2009''.
(n) Reaffirmation of Congressional Declaration of
Purpose.--Subsection (g) of section 105 of the Hoover Power
Plant Act of 1984 (43 U.S.C. 619a) (as redesignated by
subsection (k)(2)) is amended--
(1) by striking ``subsections (c), (g), and (h) of this
section'' and inserting ``this Act''; and
(2) by striking ``June 1, 1987, and ending September 30,
2017'' and inserting ``October 1, 2017, and ending September
30, 2067''.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 376--HONORING THE 60TH ANNIVERSARY OF THE
ESTABLISHMENT OF DIPLOMATIC RELATIONS BETWEEN THE UNITED STATES AND THE
HASHEMITE KINGDOM OF JORDAN, THE 10TH ANNIVERSARY OF THE ACCESSION TO
THE THRONE OF HIS MAJESTY KING ABDULLAH II IBN AL HUSSEIN, AND FOR
OTHER PURPOSES
Mr. INOUYE (for himself, Mr. Gregg, Mr. Lieberman, and Mr. Durbin)
submitted the following resolution; which was considered and agreed to:
S. Res. 376
Whereas the Hashemite Kingdom of Jordan achieved
independence on May 25, 1946;
Whereas the United States recognized Jordan as an
independent state in a White House announcement on January
31, 1949;
Whereas diplomatic relations and the American Legation in
Jordan were established on February 18, 1949, when United
States diplomat Wells Stabler presented his credentials as
Charge d'Affaires in Amman;
Whereas, for 60 years, the United States and Jordan have
enjoyed a close relationship and have worked together to
advance issues ranging from the promotion of Middle East
peace to advancing the socio-economic development of the
people of Jordan, as well as the threat to both posed by al
Qaeda and violent extremism;
Whereas, from 1952 to 1999, King Hussein charted a moderate
path for his country;
Whereas, for decades, the United States has been Jordan's
strongest international partner;
Whereas, throughout his reign, King Hussein looked for
opportunities to realize his dream of a more peaceful Middle
East by working to solve intra-Arab disputes and engaging
successive Prime Ministers of Israel in the search for peace;
Whereas King Hussein and Prime Minister of Israel Yitzhak
Rabin signed the historic Jordan-Israel peace treaty in 1994,
ending nearly 50 years of war between the neighboring
countries;
Whereas the United States lost a close friend and a crucial
partner when King Hussein passed away in 1999;
Whereas King Hussein was succeeded by his son, King
Abdullah II, who has continued his father's work to improve
the lives of the people of Jordan while also seeking to bring
peace to the region;
Whereas, in the aftermath of the September 11, 2001,
terrorist attacks, the Government of Jordan has been an
instrumental partner in the fight against al Qaeda, has
provided crucial assistance in Iraq, and has shouldered a
heavy burden in providing refuge to a significant portion of
the Iraqi refugee population;
Whereas, through his 2004 Amman Message, King Abdullah II
has been a leading Arab voice in trying to reaffirm the true
path of Islam;
Whereas, in November 2005, al Qaeda terrorists struck three
hotels in Amman, Jordan, thereby uniting the people of Jordan
and the United States in grief over the lives lost at this
act of terrorism; and
Whereas King Abdullah II begins his second decade on the
Hashemite throne by redoubling his efforts for peace in the
region as the Jordan-United States partnership enters its
seventh decade: Now, therefore, be it
Resolved, That the Senate--
(1) commemorates the 60th anniversary of the close
relationship between the United States and the Hashemite
Kingdom of Jordan;
(2) expresses its profound admiration and gratitude for the
friendship of the people of Jordan;
(3) congratulates His Majesty King Abdullah II on 10 years
of enlightened and progressive rule; and
(4) shares the hope of His Majesty King Abdullah II and the
people of Jordan for a more peaceful Middle East.
____________________
SENATE CONCURRENT RESOLUTION 48--RECOGNIZING THE LEADERSHIP AND
HISTORICAL CONTRIBUTIONS OF DR. HECTOR GARCIA TO THE HISPANIC COMMUNITY
AND HIS REMARKABLE EFFORTS TO COMBAT RACIAL AND ETHNIC DISCRIMINATION
IN THE UNITED STATES OF AMERICA
Mr. MENENDEZ submitted the following concurrent resolution; which was
referred to the Committee on the Judiciary:
S. Con. Res. 48
Whereas Dr. Hector Garcia changed the lives of Americans
from all walks of life;
Whereas Dr. Hector Garcia was born in Mexico on January 17,
1914, and immigrated to Mercedes, Texas, in 1918;
Whereas Dr. Hector Garcia is an honored alumnus of the
School of Medicine at the University of Texas Medical Branch,
Class of 1940;
Whereas Dr. Hector Garcia fought in World War II,
specifically in North Africa and Italy, attained the rank of
Major, and was awarded the Bronze Star with six battle stars;
Whereas once the Army discovered he was a physician, Dr.
Hector Garcia was asked to practice his profession by
treating his fellow soldiers;
Whereas Dr. Hector Garcia moved to Corpus Christi, Texas,
after the war, and opened a medical practice; rarely charged
his indigent patients, and was recognized as a passionate and
dedicated physician;
Whereas he first became known in south Texas for his public
health messages on the radio with topics ranging from infant
diarrhea to tuberculosis;
Whereas Dr. Hector Garcia continued his public service and
advocacy and became founder of the American G.I. Forum, a
Mexican-American veterans association, which initiated
countless efforts on behalf of Americans to advance
opportunities in health care, veterans' benefits, and civil
rights equality;
Whereas his civil rights movement would then grow to also
combat discrimination in housing, jobs, education, and voting
rights;
Whereas President Kennedy appointed Dr. Hector Garcia a
member of the American Treaty Delegation for the Mutual
Defense Agreement between the United States and the
Federation of the West Indies;
Whereas in 1967, President Lyndon Johnson appointed Dr.
Hector Garcia as alternate ambassador to the United Nations
where he gave the first speech by an American before the
United Nations in a language other than English;
Whereas Dr. Hector Garcia was named member of the Texas
Advisory Committee to the United States Commission on Civil
Rights;
Whereas President Reagan presented Dr. Hector Garcia the
Nation's highest civilian award, the Medal of Freedom, in
1984 for meritorious service to his country, the first
Mexican American to receive this recognition; and
Whereas Pope John Paul II recognized him with the
Pontifical Equestrian Order of Pope Gregory the Great: Now,
therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) encourages--
(A) teachers of primary schools and secondary schools to
launch educational campaigns to inform students about the
lifetime of accomplishments by Dr. Hector Garcia; and
(B) all people of the United States to educate themselves
about the legacy of Dr. Hector Garcia; and
(2) recognizes the leadership and historical contributions
of Dr. Hector Garcia to the Hispanic community and his
remarkable efforts to combat racial and ethnic discrimination
in the United States of America.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 3242. Mr. CRAPO submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to
modify the first-time homebuyers credit in the case of
members of the Armed Forces and certain other Federal
employees , and for other purposes; which was ordered to lie
on the table.
SA 3243. Mr. GRASSLEY submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr.
[[Page 32012]]
Harkin) to the bill H.R. 3590, supra; which was ordered to
lie on the table.
SA 3244. Mr. GRASSLEY submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3245. Mr. GRASSLEY submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3246. Mr. CASEY submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3247. Mr. GRASSLEY submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3248. Mr. REID proposed an amendment to the bill H.R.
3326, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2010, and for other
purposes.
SA 3249. Mr. REID proposed an amendment to the bill H.R.
3326, supra.
SA 3250. Mr. REID proposed an amendment to amendment SA
3249 proposed by Mr. Reid to the bill H.R. 3326, supra.
SA 3251. Mr. REID proposed an amendment to amendment SA
3250 proposed by Mr. Reid to the amendment SA 3249 proposed
by Mr. Reid to the bill H.R. 3326, supra.
SA 3252. Mr. REID proposed an amendment to amendment SA
3248 proposed by Mr. Reid to the bill H.R. 3326, supra.
SA 3253. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to
modify the first-time homebuyers credit in the case of
members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie
on the table.
SA 3254. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3255. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3256. Mr. BENNET submitted an amendment intended to be
proposed by him to the bill H.R. 3590, supra; which was
ordered to lie on the table.
SA 3257. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
SA 3258. Mrs. SHAHEEN submitted an amendment intended to be
proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, supra; which was ordered to lie on the table.
____________________
TEXT OF AMENDMENTS
SA 3242. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 1053, between lines 2 and 3, insert the following:
SEC. 3403A. IMPROVEMENTS TO THE INDEPENDENT MEDICARE ADVISORY
BOARD.
Section 1899A of the Social Security Act, as added by
section 3403, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraph (B) as subparagraph (C);
and
(ii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Promulgation of regulations to provide foundation for
board proposals.--
``(i) In general.--Before developing any proposal under
this section, the Board, after consultation with the
Secretary, shall promulgate regulations through which the
Board interprets the provisions of this section that concern
the duties of the Board in order to provide a substantive and
procedural foundation for carrying out such duties. Such
regulations shall be promulgated in accordance with the
procedures under section 553 of title 5, United States Code,
that relate to substantive rules.
``(ii) Rule of construction.--Clause (i) may not be
construed as requiring that proposals under this section be
promulgated in accordance with the rulemaking procedures
referred to in clause (i).'';
(B) in paragraph (2), by adding at the end the following
new subparagraphs:
``(G) Consultation with independent advisory committee.--
``(i) In general.--Not later than 60 days after the date of
the enactment of the Patient Protection and Affordable Care
Act, the Secretary shall establish an advisory committee to
review, in accordance with procedures established in the
Federal Advisory Committee Act, each proposal to be submitted
to Congress under this section.
``(ii) Composition.--The advisory committee under clause
(i) (referred to in this subparagraph as the `Independent
Committee') shall be composed of not more than 15 members who
are medical and scientific experts appointed from among
individuals who are not officers or employees of the Federal
Government.
``(iii) Review and report.--The Board shall submit a draft
copy of each proposal to be submitted to the President under
this section to the Independent Committee for its review. The
Board shall submit such draft copy by not later than
September 1 of the year preceding the year for which the
proposal is to be submitted. Not later than November 1 of
such year, the Independent Committee shall submit a report to
Congress and the Board on the results of such review,
including matters reviewed pursuant to the succeeding
provisions of this subparagraph.
``(iv) Clinical appropriateness of payment restrictions and
coverage restrictions.--The review of the Independent
Committee of a recommendation in a proposal under this
section shall, with respect to any changes in items or
services under this title, include evaluating the differences
in treatment guidelines and variables of treatment costs for
items and services under this title that are subject to a
reduction in payment or restriction in coverage pursuant to
the recommendation. The purpose of such evaluation shall be
to ensure that the recommendation applies only to those items
and services for which such comparisons may be made in a
clinically appropriate manner.
``(v) Substantial evidence regarding certain
recommendations.--With respect to a recommendation in a
proposal of the Board that reduces payment or restricts
coverage for items and services under this title, the
Independent Committee shall determine whether the
recommendation is supported by substantial evidence.
``(vi) Special populations; health disparities.--In
reviewing a recommendation in a proposal under this section,
the Independent Committee shall evaluate the effect on
special populations and whether the recommendation is
consistent with Federal policies to reduce health
disparities.
``(vii) Public meeting to present and discuss findings.--
Before issuing a report under clause (iii), the Independent
Committee shall hold a public meeting at which it presents
the findings of its review under such clause and seeks
comments from individuals attending the meeting.
``(H) Publication of initial proposal in federal
register.--
``(i) In general.--Not later than October 1 preceding the
proposal year involved, the Board shall publish in the
Federal Register an initial proposal of the Board under this
section and shall seek comments from the public on the
proposal. The final proposal shall be published in the
Federal Register on the same date as the date on which such
proposal is submitted to the President under paragraph (3)(A)
(or under paragraph (5), as the case may be).
``(ii) Limitation on judicial review.--The publication
under clause (i) of a final proposal of the Board does not
constitute final agency action for purposes of section 704 of
title 5, United States Code.''; and
(C) in paragraph (3)(B), by striking clause (ii) and
inserting the following new clause:
``(ii) taking into account comments received from the
public under paragraph (2)(H)(i), an explanation of each
recommendation contained in the proposal and the reasons for
including such recommendation, and a statement of whether and
to what extent the Board considered it feasible--
``(I) to protect and improve Medicare beneficiaries' access
to necessary and evidence-based items and services, including
in rural and frontier areas; and
``(II) to otherwise comply with the requirements of
paragraph (2)(B); and''; and
(2) in subsection (e), by striking paragraph (5) and
inserting the following new paragraph:
``(5) Limitation on review.--
``(A) In general.--There shall be no administrative or
judicial review under section 1869, section 1878, or
otherwise of the implementation by the Secretary under this
subsection of the recommendations contained in a proposal,
except as provided in subparagraph (B).
``(B) Judicial review of scope of agency authority;
compliance with procedural safeguards.--
``(i) In general.--An aggrieved beneficiary or other party
may, in accordance with the procedures that apply under
section 1869(f)(3), seek review by a court of competent
jurisdiction of the implementation by the Secretary of any
recommendation in a
[[Page 32013]]
proposal of the Board if the moving party alleges that the
only issue of law is the constitutionality of a
recommendation, or one or more issues described in clause
(ii). For purposes of this subparagraph, a regulation,
determination, or ruling by the Secretary under such a
recommendation is final agency action within the meaning of
section 704 of title 5, United States Code.
``(ii) Relevant issues; procedural safeguards.--For
purposes of clause (i), the court shall hold unlawful and set
aside a regulation, determination, or ruling by the Secretary
under a recommendation in a proposal of the Board if the
court finds that--
``(I) the regulation, determination, or ruling exceeds the
scope of the recommendation;
``(II) the Board failed to promulgate regulations in
accordance with subsection (c)(1)(B) (relating to a
substantive and procedural foundation for carrying out the
duties of the Board);
``(III) the Board failed to comply with subsection
(c)(2)(A)(ii) (relating to prohibitions against rationing
health care; increasing beneficiary cost-sharing, such as
deductibles, coinsurance, and copayments; or otherwise
restricting benefits or modifying eligibility criteria);
``(IV) the Board failed to comply with subparagraph (D),
(E), (G), or (H) of subsection (c)(2) (relating to review by
the Medicare Payment Advisory Board, review by the Secretary,
review by an independent advisory panel of experts, and
publishing initial and final proposals of the Board in the
Federal Register, respectively); or
``(V) the Board failed to comply with subsection
(c)(3)(B)(ii) (relating to providing explanations of
recommendations, providing statements of whether certain
duties are feasible, and taking into account public
comments).
``(iii) Substantial evidence regarding certain
recommendations.--With respect to a recommendation in a
proposal of the Board under this section that reduces payment
or restricts coverage for items and services under this
title:
``(I) The review by a court under clause (i) of the
implementation by the Secretary of the recommendation shall
include a review of the basis of the recommendation.
``(II) The court shall hold unlawful and set aside the
recommendation, and any regulation, determination, or ruling
by the Secretary under the recommendation, if the court finds
that the recommendation is unsupported by substantial
evidence within the meaning of section 706 of title 5, United
States Code.''.
______
SA 3243. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 1790, between lines 9 and 10, insert the following:
SEC. 6508. REQUIREMENT FOR ALL MEDICAID AND CHIP APPLICANTS
TO PRESENT AN IDENTIFICATION DOCUMENT.
(a) In General.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a), as amended by section 211(a)(1)(A)(i) of
Public Law 111-3 and section 2303(a)(2) of this Act, is
amended--
(1) in subsection (a)(46), --
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by adding ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(C) provide that each applicant for medical assistance
(or the parent or guardian of an applicant who has not
attained age 18), regardless of whether the applicant is
described in paragraph (2) of section 1903(x), shall present
an identification document described in subsection (jj) when
applying for medical assistance (and shall be provided with
at least the reasonable opportunity to present such
identification as is provided under clauses (i) and (ii) of
section 1137(d)(4)(A) to an individual for the submittal to
the State of evidence indicating a satisfactory immigration
status;''; and
(2) by adding at the end the following:
``(jj) For purposes of subsection (a)(46)(C), a document
described in this subsection is--
``(1) in the case of an individual who is a national of the
United States--
``(A) a United States passport, or passport card issued
pursuant to the Secretary of State's authority under the
first section of the Act of July 3, 1926 (44 Stat. 887,
Chapter 772; 22 U.S.C. 211a); or
``(B) a driver's license or identity card issued by a
State, the Commonwealth of the Northern Mariana Islands, or
an outlying possession of the United States that--
``(i) contains a photograph of the individual and other
identifying information, including the individual's name,
date of birth, gender, and address; and
``(ii) contains security features to make the license or
card resistant to tampering, counterfeiting, and fraudulent
use;
``(2) in the case of an alien lawfully admitted for
permanent residence in the United States, a permanent
resident card, as specified by the Secretary of Homeland
Security that meets the requirements of clauses (i) and (ii)
of paragraph (1)(B);
``(3) in the case of an alien who is authorized to be
employed in the United States, an employment authorization
card, as specified by the Secretary of Homeland Security that
meets the requirements of clauses (i) and (ii) of paragraph
(1)(B); or
``(4) in the case of an individual who is unable to obtain
a document described in paragraph (1), (2), or (3), a
document designated by the Secretary of Homeland Security
that meets the requirements of clauses (i) and (ii) of
paragraph (1)(B).''.
(b) Application to CHIP.--Section 2105(c)(9)(A) (42 U.S.C.
1397ee(c)(9)(A)) is amended by striking ``section
1902(a)(46)(B)'' and inserting ``subparagraphs (B) and (C) of
subsection (a)(46) and subsection (jj) of section 1902''.
______
SA 3244. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
Subtitle _--Improved Patient Access and Medical Care
PART I--EPSDT BENEFITS FOR CHILDREN
SEC. _01. EPSDT BENEFITS FOR CHILDREN.
Section 1902(gg) of the Social Security Act, as added by
section 2001(b)(2) of this Act, is amended by redesignating
paragraph (4) as paragraph (5) and inserting after paragraph
(3) the following:
``(4) States certifying essential benefits and cost-sharing
protections for children in families with income up to 300
percent of the poverty line.--The requirements under
paragraphs (1) and (2) and section 2105(d)(3)(A) shall not
apply to a State with respect to individuals whose income
exceeds 133 percent of the poverty line (as defined in
section 2110(c)(5)) applicable to a family of the size
involved for any fiscal year or portion of a fiscal year that
occurs on or after the date on which the State certifies to
the Secretary that--
``(A) coverage available through an Exchange established by
the State under section 1311 of the Patient Protection and
Affordable Care Act for children who reside in the State, are
under 19 years of age, and are in families with income that
does not exceed 300 percent of the poverty line (as so
defined), is at least the same as the level of benefits and
cost-sharing under the State child health plan under title
XXI (whether implemented under that title, this title, or
both); and
``(B) the State Medicaid agency and qualified health plans
offered through such an Exchange have established adequate
procedures, with respect to such children, to ensure access
to, and the coordinated provision of--
``(i) services described in section 1905(a)(4)(B) (relating
to early and periodic screening, diagnostic, and treatment
services defined in section 1905(r)) and provided in
accordance with the requirements of section 1902(a)(43); and
``(ii) cost-sharing protections consistent with section
2103(e) of the Social Security Act.
A State may comply with the requirements of subparagraph (B)
by providing the services and cost-sharing protections
required under that subparagraph directly under the State
plan under title XIX or title XXI of the Social Security, or
under arrangements entered into with qualified health plans
offered through such an Exchange. Expenditures by the State
to provide such services and cost-sharing protections shall
be treated as medical assistance for purposes of section
1903(a) and, notwithstanding section 1905(b), the enhanced
FMAP under section 2105(b) shall apply to such expenditures.
In no event shall a State receive a payment under section
1903(a) for any such expenditures made prior to the date on
which an Exchange is established by the State and operating
under section 1311 of the Patient Protection and Affordable
Care Act.''.
PART II--MEDICAL CARE ACCESS PROTECTION
SEC. _11. SHORT TITLE OF PART.
This part may be cited as the ``Medical Care Access
Protection Act of 2009'' or the ``MCAP Act''.
SEC. _12. FINDINGS AND PURPOSE.
(a) Findings.--
(1) Effect on health care access and costs.--Congress finds
that our current civil justice system is adversely affecting
patient access to health care services, better patient care,
and cost-efficient health care, in that the health care
liability system is a costly
[[Page 32014]]
and ineffective mechanism for resolving claims of health care
liability and compensating injured patients, and is a
deterrent to the sharing of information among health care
professionals which impedes efforts to improve patient safety
and quality of care.
(2) Effect on interstate commerce.--Congress finds that the
health care and insurance industries are industries affecting
interstate commerce and the health care liability litigation
systems existing throughout the United States are activities
that affect interstate commerce by contributing to the high
costs of health care and premiums for health care liability
insurance purchased by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive health care
benefits under programs operated or financed by the Federal
Government;
(B) the large number of individuals who benefit because of
the exclusion from Federal taxes of the amounts spent to
provide them with health insurance benefits; and
(C) the large number of health care providers who provide
items or services for which the Federal Government makes
payments.
(b) Purpose.--It is the purpose of this part to implement
reasonable, comprehensive, and effective health care
liability reforms designed to--
(1) improve the availability of health care services in
cases in which health care liability actions have been shown
to be a factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of
which contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes
over, and provide compensation for, health care liability by
reducing uncertainty in the amount of compensation provided
to injured individuals; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.
SEC. _13. DEFINITIONS.
In this part:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care institution, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, care, or treatment of
any human disease or impairment, or the assessment of the
health of human beings.
(8) Health care institution.--The term ``health care
institution'' means any entity licensed under Federal or
State law to provide health care services (including but not
limited to ambulatory surgical centers, assisted living
facilities, emergency medical services providers, hospices,
hospitals and hospital systems, nursing homes, or other
entities licensed to provide such services).
(9) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of health care goods or services affecting
interstate commerce, or any health care liability action
concerning the provision of (or the failure to provide)
health care goods or services affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider or a health care institution regardless of the
theory of liability on which the claim is based, or the
number of claimants, plaintiffs, defendants, or other
parties, or the number of claims or causes of action, in
which the claimant alleges a health care liability claim.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider or a health
care institution regardless of the theory of liability on
which the claim is based, or the number of plaintiffs,
defendants, or other parties, or the number of causes of
action, in which the claimant alleges a health care liability
claim.
(11) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider or health
care institution, including third-party claims, cross-claims,
counter-claims, or contribution claims, which are based upon
the provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care services, regardless of
the theory of liability on which the claim is based, or the
number of plaintiffs, defendants, or other parties, or the
number of causes of action.
(12) Health care provider.--
(A) In general.--The term ``health care provider'' means
any person (including but not limited to a physician (as
defined by section 1861(r) of the Social Security Act (42
U.S.C. 1395x(r)), registered nurse, dentist, podiatrist,
pharmacist, chiropractor, or optometrist) required by State
or Federal law to be licensed, registered, or certified to
provide health care services, and being either so licensed,
registered, or certified, or exempted from such requirement
by other statute or regulation.
(B) Treatment of certain professional associations.--For
purposes of this part, a professional association that is
organized under State law by an individual physician or group
of physicians, a partnership or limited liability partnership
formed by a group of physicians, a nonprofit health
corporation certified under State law, or a company formed by
a group of physicians under State law shall be treated as a
health care provider under subparagraph (A).
(13) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(15) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider or health care institution. Punitive damages
are neither economic nor noneconomic damages.
(16) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
[[Page 32015]]
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.
SEC. _14. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.
(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit shall be 3 years after the date of manifestation of
injury or 1 year after the claimant discovers, or through the
use of reasonable diligence should have discovered, the
injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except that if such minor is under the full age of 6 years,
such action shall be commenced within 3 years of the
manifestation of injury, or prior to the eighth birthday of
the minor, whichever provides a longer period. Such time
limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or
health care institution have committed fraud or collusion in
the failure to bring an action on behalf of the injured
minor.
(d) Rule 11 Sanctions.--Whenever a Federal or State court
determines (whether by motion of the parties or whether on
the motion of the court) that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure (or a similar
violation of applicable State court rules) in a health care
liability action to which this part applies, the court shall
impose upon the attorneys, law firms, or pro se litigants
that have violated Rule 11 or are responsible for the
violation, an appropriate sanction, which shall include an
order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorneys' fee. Such
sanction shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated,
and to compensate the party or parties injured by such
conduct.
SEC. _15. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing
in this part shall limit the recovery by a claimant of the
full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--
(1) Health care providers.--In any health care lawsuit
where final judgment is rendered against a health care
provider, the amount of noneconomic damages recovered from
the provider, if otherwise available under applicable Federal
or State law, may be as much as $250,000, regardless of the
number of parties other than a health care institution
against whom the action is brought or the number of separate
claims or actions brought with respect to the same
occurrence.
(2) Health care institutions.--
(A) Single institution.--In any health care lawsuit where
final judgment is rendered against a single health care
institution, the amount of noneconomic damages recovered from
the institution, if otherwise available under applicable
Federal or State law, may be as much as $250,000, regardless
of the number of parties against whom the action is brought
or the number of separate claims or actions brought with
respect to the same occurrence.
(B) Multiple institutions.--In any health care lawsuit
where final judgment is rendered against more than one health
care institution, the amount of noneconomic damages recovered
from each institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence, except that the
total amount recovered from all such institutions in such
lawsuit shall not exceed $500,000.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of the
limitations provided for in subsection (b) shall be reduced
either before the entry of judgment, or by amendment of the
judgment after entry of judgment, and such reduction shall be
made before accounting for any other reduction in damages
required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed the
limitations described in subsection (b), the future
noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.
SEC. _16. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) 40 percent of the first $50,000 recovered by the
claimant(s).
(ii) 33\1/3\ percent of the next $50,000 recovered by the
claimant(s).
(iii) 25 percent of the next $500,000 recovered by the
claimant(s).
(iv) 15 percent of any amount by which the recovery by the
claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.
SEC. _17. ADDITIONAL HEALTH BENEFITS.
(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits to
which the claimant is entitled, less any insurance premiums
or other payments made by the claimant (or by the spouse,
parent, child, or legal guardian of the claimant) to obtain
or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
[[Page 32016]]
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.
SEC. _18. PUNITIVE DAMAGES.
(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.
(c) Liability of Health Care Providers.--
(1) In general.--A health care provider who prescribes, or
who dispenses pursuant to a prescription, a drug, biological
product, or medical device approved by the Food and Drug
Administration, for an approved indication of the drug,
biological product, or medical device, shall not be named as
a party to a product liability lawsuit invoking such drug,
biological product, or medical device and shall not be liable
to a claimant in a class action lawsuit against the
manufacturer, distributor, or product seller of such drug,
biological product, or medical device.
(2) Medical product.--The term ``medical product'' means a
drug or device intended for humans. The terms ``drug'' and
``device'' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321), respectively, including any component or
raw material used therein, but excluding health care
services.
SEC. _19. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments in accordance with the Uniform Periodic
Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this part.
SEC. _20. EFFECT ON OTHER LAWS.
(a) General Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this part shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this part in conflict
with a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this part or otherwise
applicable law (as determined under this part) will apply to
such aspect of such action.
(b) Smallpox Vaccine Injury.--
(1) In general.--To the extent that part C of title II of
the Public Health Service Act establishes a Federal rule of
law applicable to a civil action brought for a smallpox
vaccine-related injury or death--
(A) this part shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this part in conflict
with a rule of law of such part C shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a smallpox vaccine-related injury or death to
which a Federal rule of law under part C of title II of the
Public Health Service Act does not apply, then this part or
otherwise applicable law (as determined under this part) will
apply to such aspect of such action.
(c) Other Federal Law.--Except as provided in this section,
nothing in this part shall be deemed to affect any defense
available, or any limitation on liability that applies to, a
defendant in a health care lawsuit or action under any other
provision of Federal law.
SEC. _21. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this part shall preempt, subject
to subsections (b) and (c), State law to the extent that
State law prevents the application of any provisions of law
established by or under this part. The provisions governing
health care lawsuits set forth in this part supersede chapter
171 of title 28, United States Code, to the extent that such
chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this part; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--No provision of this
part shall be construed to preempt any State law (whether
effective before, on, or after the date of the enactment of
this part) that specifies a particular monetary amount of
compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit,
regardless of whether such monetary amount is greater or
lesser than is provided for under this part, notwithstanding
section _15(a).
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this part (including
the State standards of negligence) shall be governed by
otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this part shall be
construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections (such
as a shorter statute of limitations) for a health care
provider or health care institution from liability, loss, or
damages than those provided by this part;
(B) preempt or supercede any State law that permits and
provides for the enforcement of any arbitration agreement
related to a health care liability claim whether enacted
prior to or after the date of enactment of this part;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.
SEC. _22. APPLICABILITY; EFFECTIVE DATE.
This part shall apply to any health care lawsuit brought in
a Federal or State court, or subject to an alternative
dispute resolution system, that is initiated on or after the
date of the enactment of this part, except that any health
care lawsuit arising from an injury occurring prior to the
date of enactment of this part shall be governed by the
applicable statute of limitations provisions in effect at the
time the injury occurred.
______
SA 3245. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page 32017]]
At the appropriate place, insert the following:
Subtitle _--Improved Patient Access and Medical Care
PART I--INCREASED MEDICAID PAYMENTS FOR PEDIATRIC CARE
SEC. _01. INCREASED PAYMENTS FOR PEDIATRIC CARE UNDER
MEDICAID.
(a) In General.--
(1) Fee-for-service payments.--Section 1902 of the Social
Security Act (42 U.S.C. 1396b), as amended by section
2001(b)(2), is amended--
(A) in subsection (a)(13)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by adding ``and'' at the end of subparagraph (B); and
(iii) by adding at the end the following new subparagraph:
``(C) payment for pediatric care services (as defined in
subsection (hh)(1)) furnished by hospitals or physicians (as
defined in section 1861(r)) (or for services furnished by
other health care professionals that would be pediatric care
services under such subsection if furnished by a physician)
at a rate not less than--
``(i) in the case of such services furnished by physicians
(or professionals), 80 percent of the payment rate that would
be applicable if the adjustment described in subsection
(hh)(2) were to apply to such services and physicians or
professionals (as the case may be) under part B of title
XVIII (or, if there is no payment rate for such services
under part B of title XVIII, the payment rate for the most
comparable services, as determined by the Secretary in
consultation with the Medicaid and CHIP Payment and Access
Commission established under section 1900 and adjusted as
appropriate for a pediatric population) for services
furnished in 2010, 90 percent of such adjusted payment rate
for services and physicians (or professionals) furnished in
2011, and 100 percent of such adjusted payment rate for
services and hospitals or physicians (or professionals)
furnished in 2012 and each subsequent year; and
``(ii) in the case of such services furnished by hospitals,
80 percent of the payment rate that would be applicable if
such services were furnished under part A of title XVIII (or,
if there is no payment rate for such services under part A of
title XVIII, the payment rate for the most comparable
services, as determined by the Secretary in consultation with
the Medicaid and CHIP Payment and Access Commission
established under section 1900 and adjusted as appropriate
for a pediatric population) for services furnished in 2010,
90 percent of such payment rate for services furnished in
2011, and 100 percent of such payment rate for services
furnished in 2012 and each subsequent year;''; and
(B) by adding at the end the following new subsection:
``(hh) Increased Payment for Pediatric Care.--For purposes
of subsection (a)(13)(C):
``(1) Pediatric care services defined.--The term `pediatric
care services' means evaluation and management services,
without regard to the specialty of the physician or hospital
furnishing the services, that are procedure codes (for
services covered under title XVIII) for services in the
category designated Evaluation and Management in the
Healthcare Common Procedure Coding System (established by the
Secretary under section 1848(c)(5) as of December 31, 2009,
and as subsequently modified by the Secretary) and that are
furnished to an individual who is enrolled in the State plan
under this title who has not attained age 19. Such term
includes procedure codes established by the Secretary, in
consultation with the Medicaid and CHIP Payment and Access
Commission established under section 1900, for services
furnished under State plans under this title to individuals
who have not attained age 19 and for which there is not an a
procedure code (or a procedure code that the Secretary, in
consultation with such Commission, determines is comparable)
established under the Healthcare Common Procedure Coding
System.
``(2) Adjustment.--The adjustment described in this
paragraph is the substitution of 1.25 percent for the update
otherwise provided under section 1848(d)(4) for each year
beginning with 2010.''.
(2) Under medicaid managed care plans.--Section 1932(f) of
such Act (42 U.S.C. 1396u-2(f)) is amended--
(A) in the heading, by adding at the end the following: ``;
Adequacy of Payment for Pediatric Care Services''; and
(B) by inserting before the period at the end the
following: ``and, in the case of pediatric care services
described in section 1902(a)(13)(C), consistent with the
minimum payment rates specified in such section (regardless
of the manner in which such payments are made, including in
the form of capitation or partial capitation)''.
(b) Increased FMAP.--Section 1905 of such Act (42 U.S.C.
1396d), as amended by sections 2006 and 4107(a)(2), is
amended
(1) in the first sentence of subsection (b), by striking
``and'' before ``(4)'' and by inserting before the period at
the end the following: ``, and (5) 100 percent (for periods
beginning with 2010) with respect to amounts described in
subsection (cc)''; and
(2) by adding at the end the following new subsection:
``(cc) For purposes of section 1905(b)(5), the amounts
described in this subsection are the following:
``(1)(A) The portion of the amounts expended for medical
assistance for services described in section 1902(a)(13)(C)
furnished on or after January 1, 2010, that is attributable
to the amount by which the minimum payment rate required
under such section (or, by application, section 1932(f))
exceeds the payment rate applicable to such services under
the State plan as of the date of enactment of the Patient
Protection and Affordable Care Act.
``(B) Subparagraph (A) shall not be construed as preventing
the payment of Federal financial participation based on the
Federal medical assistance percentage for amounts in excess
of those specified under such subparagraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to services furnished on or after January 1,
2010.
PART II--MEDICAL CARE ACCESS PROTECTION
SEC. _11. SHORT TITLE OF PART.
This part may be cited as the ``Medical Care Access
Protection Act of 2009'' or the ``MCAP Act''.
SEC. _12. FINDINGS AND PURPOSE.
(a) Findings.--
(1) Effect on health care access and costs.--Congress finds
that our current civil justice system is adversely affecting
patient access to health care services, better patient care,
and cost-efficient health care, in that the health care
liability system is a costly and ineffective mechanism for
resolving claims of health care liability and compensating
injured patients, and is a deterrent to the sharing of
information among health care professionals which impedes
efforts to improve patient safety and quality of care.
(2) Effect on interstate commerce.--Congress finds that the
health care and insurance industries are industries affecting
interstate commerce and the health care liability litigation
systems existing throughout the United States are activities
that affect interstate commerce by contributing to the high
costs of health care and premiums for health care liability
insurance purchased by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive health care
benefits under programs operated or financed by the Federal
Government;
(B) the large number of individuals who benefit because of
the exclusion from Federal taxes of the amounts spent to
provide them with health insurance benefits; and
(C) the large number of health care providers who provide
items or services for which the Federal Government makes
payments.
(b) Purpose.--It is the purpose of this part to implement
reasonable, comprehensive, and effective health care
liability reforms designed to--
(1) improve the availability of health care services in
cases in which health care liability actions have been shown
to be a factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of
which contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes
over, and provide compensation for, health care liability by
reducing uncertainty in the amount of compensation provided
to injured individuals; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.
SEC. _13. DEFINITIONS.
In this part:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
[[Page 32018]]
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care institution, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, care, or treatment of
any human disease or impairment, or the assessment of the
health of human beings.
(8) Health care institution.--The term ``health care
institution'' means any entity licensed under Federal or
State law to provide health care services (including but not
limited to ambulatory surgical centers, assisted living
facilities, emergency medical services providers, hospices,
hospitals and hospital systems, nursing homes, or other
entities licensed to provide such services).
(9) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of health care goods or services affecting
interstate commerce, or any health care liability action
concerning the provision of (or the failure to provide)
health care goods or services affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider or a health care institution regardless of the
theory of liability on which the claim is based, or the
number of claimants, plaintiffs, defendants, or other
parties, or the number of claims or causes of action, in
which the claimant alleges a health care liability claim.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider or a health
care institution regardless of the theory of liability on
which the claim is based, or the number of plaintiffs,
defendants, or other parties, or the number of causes of
action, in which the claimant alleges a health care liability
claim.
(11) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider or health
care institution, including third-party claims, cross-claims,
counter-claims, or contribution claims, which are based upon
the provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care services, regardless of
the theory of liability on which the claim is based, or the
number of plaintiffs, defendants, or other parties, or the
number of causes of action.
(12) Health care provider.--
(A) In general.--The term ``health care provider'' means
any person (including but not limited to a physician (as
defined by section 1861(r) of the Social Security Act (42
U.S.C. 1395x(r)), registered nurse, dentist, podiatrist,
pharmacist, chiropractor, or optometrist) required by State
or Federal law to be licensed, registered, or certified to
provide health care services, and being either so licensed,
registered, or certified, or exempted from such requirement
by other statute or regulation.
(B) Treatment of certain professional associations.--For
purposes of this part, a professional association that is
organized under State law by an individual physician or group
of physicians, a partnership or limited liability partnership
formed by a group of physicians, a nonprofit health
corporation certified under State law, or a company formed by
a group of physicians under State law shall be treated as a
health care provider under subparagraph (A).
(13) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(15) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider or health care institution. Punitive damages
are neither economic nor noneconomic damages.
(16) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.
SEC. _14. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.
(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit shall be 3 years after the date of manifestation of
injury or 1 year after the claimant discovers, or through the
use of reasonable diligence should have discovered, the
injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except that if such minor is under the full age of 6 years,
such action shall be commenced within 3 years of the
manifestation of injury, or prior to the eighth birthday of
the minor, whichever provides a longer period. Such time
limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or
health care institution have committed fraud or collusion in
the failure to bring an action on behalf of the injured
minor.
(d) Rule 11 Sanctions.--Whenever a Federal or State court
determines (whether by motion of the parties or whether on
the motion of the court) that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure (or a similar
violation of applicable State court rules) in a health care
liability action to which this part applies, the court shall
impose upon the attorneys, law firms, or pro se litigants
that have violated Rule 11 or are responsible for the
violation, an appropriate sanction, which shall include an
order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorneys' fee. Such
sanction shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated,
and to compensate the party or parties injured by such
conduct.
SEC. _15. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing
in this part shall limit the recovery by a claimant of the
full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--
(1) Health care providers.--In any health care lawsuit
where final judgment is rendered against a health care
provider, the amount of noneconomic damages recovered from
the provider, if otherwise available under applicable Federal
or State law, may be as much as $250,000, regardless of the
number of parties other than a health care institution
against whom the action is brought or the number of separate
claims or actions brought with respect to the same
occurrence.
(2) Health care institutions.--
(A) Single institution.--In any health care lawsuit where
final judgment is rendered against a single health care
institution, the amount of noneconomic damages
[[Page 32019]]
recovered from the institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence.
(B) Multiple institutions.--In any health care lawsuit
where final judgment is rendered against more than one health
care institution, the amount of noneconomic damages recovered
from each institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence, except that the
total amount recovered from all such institutions in such
lawsuit shall not exceed $500,000.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of the
limitations provided for in subsection (b) shall be reduced
either before the entry of judgment, or by amendment of the
judgment after entry of judgment, and such reduction shall be
made before accounting for any other reduction in damages
required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed the
limitations described in subsection (b), the future
noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.
SEC. _16. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) 40 percent of the first $50,000 recovered by the
claimant(s).
(ii) 33\1/3\ percent of the next $50,000 recovered by the
claimant(s).
(iii) 25 percent of the next $500,000 recovered by the
claimant(s).
(iv) 15 percent of any amount by which the recovery by the
claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.
SEC. _17. ADDITIONAL HEALTH BENEFITS.
(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits to
which the claimant is entitled, less any insurance premiums
or other payments made by the claimant (or by the spouse,
parent, child, or legal guardian of the claimant) to obtain
or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.
SEC. _18. PUNITIVE DAMAGES.
(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.
(c) Liability of Health Care Providers.--
(1) In general.--A health care provider who prescribes, or
who dispenses pursuant to a prescription, a drug, biological
product, or medical device approved by the Food and Drug
Administration, for an approved indication of the drug,
biological product, or medical device, shall not be named as
a party to a product liability lawsuit invoking such drug,
biological product, or medical device and shall not be liable
to a claimant in a class action lawsuit against the
manufacturer, distributor, or product seller of such drug,
biological product, or medical device.
[[Page 32020]]
(2) Medical product.--The term ``medical product'' means a
drug or device intended for humans. The terms ``drug'' and
``device'' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321), respectively, including any component or
raw material used therein, but excluding health care
services.
SEC. _19. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments in accordance with the Uniform Periodic
Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this part.
SEC. _20. EFFECT ON OTHER LAWS.
(a) General Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this part shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this part in conflict
with a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this part or otherwise
applicable law (as determined under this part) will apply to
such aspect of such action.
(b) Smallpox Vaccine Injury.--
(1) In general.--To the extent that part C of title II of
the Public Health Service Act establishes a Federal rule of
law applicable to a civil action brought for a smallpox
vaccine-related injury or death--
(A) this part shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this part in conflict
with a rule of law of such part C shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a smallpox vaccine-related injury or death to
which a Federal rule of law under part C of title II of the
Public Health Service Act does not apply, then this part or
otherwise applicable law (as determined under this part) will
apply to such aspect of such action.
(c) Other Federal Law.--Except as provided in this section,
nothing in this part shall be deemed to affect any defense
available, or any limitation on liability that applies to, a
defendant in a health care lawsuit or action under any other
provision of Federal law.
SEC. _21. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this part shall preempt, subject
to subsections (b) and (c), State law to the extent that
State law prevents the application of any provisions of law
established by or under this part. The provisions governing
health care lawsuits set forth in this part supersede chapter
171 of title 28, United States Code, to the extent that such
chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this part; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--No provision of this
part shall be construed to preempt any State law (whether
effective before, on, or after the date of the enactment of
this part) that specifies a particular monetary amount of
compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit,
regardless of whether such monetary amount is greater or
lesser than is provided for under this part, notwithstanding
section _15(a).
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this part (including
the State standards of negligence) shall be governed by
otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this part shall be
construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections (such
as a shorter statute of limitations) for a health care
provider or health care institution from liability, loss, or
damages than those provided by this part;
(B) preempt or supercede any State law that permits and
provides for the enforcement of any arbitration agreement
related to a health care liability claim whether enacted
prior to or after the date of enactment of this part;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.
SEC. _22. APPLICABILITY; EFFECTIVE DATE.
This part shall apply to any health care lawsuit brought in
a Federal or State court, or subject to an alternative
dispute resolution system, that is initiated on or after the
date of the enactment of this part, except that any health
care lawsuit arising from an injury occurring prior to the
date of enactment of this part shall be governed by the
applicable statute of limitations provisions in effect at the
time the injury occurred.
______
SA 3246. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 974, between lines 9 and 10, insert the following:
SEC. 3315. EXPANSION OF THE DEFINITION OF A COVERED PART D
DRUG UNDER THE MEDICARE PROGRAM.
(a) In General.--Section 1860D-2(e)(1)(A) of the Social
Security Act (42 U.S.C. 1395w-102(e)(1)(A)) is amended by
inserting ``and disposable medical devices which reduce the
side effects associated with the treatment of cancer'' after
``1927(k)(2)''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to drugs dispensed on or after January 1, 2011.
______
SA 3247. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2074, after line 25, insert the following:
TITLE X--TO EXPAND ACCESS TO PRIMARY CARE SERVICES BY IMPROVING
MEDICARE REIMBURSEMENT FOR PRIMARY CARE PRACTITIONERS WITH A SPECIALTY
DESIGNATION OF NEUROLOGY
Subtitle A--Access to Primary Care Services
SEC. 10001. IMPROVED REIMBURSEMENT FOR PRIMARY CARE
PRACTITIONERS WITH A SPECIALTY DESIGNATION OF
NEUROLOGY.
Section 1833(x)(2)(A)(i)(I) of the Social Security Act, as
added by section 5501, is amended by striking ``or pediatric
medicine'' and inserting ``neurology, or pediatric
medicine''.
Subtitle B--Medical Care Access Protection
SEC. 10101. SHORT TITLE.
This subtitle may be cited as the ``Medical Care Access
Protection Act of 2009'' or the ``MCAP Act''.
SEC. 10102. FINDINGS AND PURPOSE.
(a) Findings.--
(1) Effect on health care access and costs.--Congress finds
that our current civil justice system is adversely affecting
patient access to health care services, better patient care,
and cost-efficient health care, in that the health care
liability system is a costly and ineffective mechanism for
resolving claims of health care liability and compensating
injured patients, and is a deterrent to the sharing of
information among health care professionals which impedes
efforts to improve patient safety and quality of care.
(2) Effect on interstate commerce.--Congress finds that the
health care and insurance industries are industries affecting
interstate commerce and the health care liability litigation
systems existing throughout the United States are activities
that affect interstate commerce by contributing to the high
costs of health care and premiums for health care liability
insurance purchased by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive health care
benefits under programs operated or financed by the Federal
Government;
(B) the large number of individuals who benefit because of
the exclusion from Federal taxes of the amounts spent to
provide them with health insurance benefits; and
(C) the large number of health care providers who provide
items or services for
[[Page 32021]]
which the Federal Government makes payments.
(b) Purpose.--It is the purpose of this subtitle to
implement reasonable, comprehensive, and effective health
care liability reforms designed to--
(1) improve the availability of health care services in
cases in which health care liability actions have been shown
to be a factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of
which contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes
over, and provide compensation for, health care liability by
reducing uncertainty in the amount of compensation provided
to injured individuals; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.
SEC. 10103. DEFINITIONS.
In this subtitle:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care institution, provider, or by any individual
working under the supervision of a health care provider, that
relates to the diagnosis, prevention, care, or treatment of
any human disease or impairment, or the assessment of the
health of human beings.
(8) Health care institution.--The term ``health care
institution'' means any entity licensed under Federal or
State law to provide health care services (including but not
limited to ambulatory surgical centers, assisted living
facilities, emergency medical services providers, hospices,
hospitals and hospital systems, nursing homes, or other
entities licensed to provide such services).
(9) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of health care goods or services affecting
interstate commerce, or any health care liability action
concerning the provision of (or the failure to provide)
health care goods or services affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider or a health care institution regardless of the
theory of liability on which the claim is based, or the
number of claimants, plaintiffs, defendants, or other
parties, or the number of claims or causes of action, in
which the claimant alleges a health care liability claim.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider or a health
care institution regardless of the theory of liability on
which the claim is based, or the number of plaintiffs,
defendants, or other parties, or the number of causes of
action, in which the claimant alleges a health care liability
claim.
(11) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider or health
care institution, including third-party claims, cross-claims,
counter-claims, or contribution claims, which are based upon
the provision of, use of, or payment for (or the failure to
provide, use, or pay for) health care services, regardless of
the theory of liability on which the claim is based, or the
number of plaintiffs, defendants, or other parties, or the
number of causes of action.
(12) Health care provider.--
(A) In general.--The term ``health care provider'' means
any person (including but not limited to a physician (as
defined by section 1861(r) of the Social Security Act (42
U.S.C. 1395x(r)), registered nurse, dentist, podiatrist,
pharmacist, chiropractor, or optometrist) required by State
or Federal law to be licensed, registered, or certified to
provide health care services, and being either so licensed,
registered, or certified, or exempted from such requirement
by other statute or regulation.
(B) Treatment of certain professional associations.--For
purposes of this subtitle, a professional association that is
organized under State law by an individual physician or group
of physicians, a partnership or limited liability partnership
formed by a group of physicians, a nonprofit health
corporation certified under State law, or a company formed by
a group of physicians under State law shall be treated as a
health care provider under subparagraph (A).
(13) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(15) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider or health care institution. Punitive damages
are neither economic nor noneconomic damages.
(16) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.
SEC. 10104. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.
(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit shall be 3 years after the date of manifestation of
injury or 1 year after the claimant discovers, or through the
use of reasonable diligence should have discovered, the
injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except
[[Page 32022]]
that if such minor is under the full age of 6 years, such
action shall be commenced within 3 years of the manifestation
of injury, or prior to the eighth birthday of the minor,
whichever provides a longer period. Such time limitation
shall be tolled for minors for any period during which a
parent or guardian and a health care provider or health care
institution have committed fraud or collusion in the failure
to bring an action on behalf of the injured minor.
(d) Rule 11 Sanctions.--Whenever a Federal or State court
determines (whether by motion of the parties or whether on
the motion of the court) that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure (or a similar
violation of applicable State court rules) in a health care
liability action to which this subtitle applies, the court
shall impose upon the attorneys, law firms, or pro se
litigants that have violated Rule 11 or are responsible for
the violation, an appropriate sanction, which shall include
an order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorneys' fee. Such
sanction shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated,
and to compensate the party or parties injured by such
conduct.
SEC. 10105. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing
in this subtitle shall limit the recovery by a claimant of
the full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--
(1) Health care providers.--In any health care lawsuit
where final judgment is rendered against a health care
provider, the amount of noneconomic damages recovered from
the provider, if otherwise available under applicable Federal
or State law, may be as much as $250,000, regardless of the
number of parties other than a health care institution
against whom the action is brought or the number of separate
claims or actions brought with respect to the same
occurrence.
(2) Health care institutions.--
(A) Single institution.--In any health care lawsuit where
final judgment is rendered against a single health care
institution, the amount of noneconomic damages recovered from
the institution, if otherwise available under applicable
Federal or State law, may be as much as $250,000, regardless
of the number of parties against whom the action is brought
or the number of separate claims or actions brought with
respect to the same occurrence.
(B) Multiple institutions.--In any health care lawsuit
where final judgment is rendered against more than one health
care institution, the amount of noneconomic damages recovered
from each institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence, except that the
total amount recovered from all such institutions in such
lawsuit shall not exceed $500,000.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of the
limitations provided for in subsection (b) shall be reduced
either before the entry of judgment, or by amendment of the
judgment after entry of judgment, and such reduction shall be
made before accounting for any other reduction in damages
required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed the
limitations described in subsection (b), the future
noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.
SEC. 10106. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) 40 percent of the first $50,000 recovered by the
claimant(s).
(ii) 33\1/3\ percent of the next $50,000 recovered by the
claimant(s).
(iii) 25 percent of the next $500,000 recovered by the
claimant(s).
(iv) 15 percent of any amount by which the recovery by the
claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.
SEC. 10107. ADDITIONAL HEALTH BENEFITS.
(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits to
which the claimant is entitled, less any insurance premiums
or other payments made by the claimant (or by the spouse,
parent, child, or legal guardian of the claimant) to obtain
or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.
SEC. 10108. PUNITIVE DAMAGES.
(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
[[Page 32023]]
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.
(c) Liability of Health Care Providers.--
(1) In general.--A health care provider who prescribes, or
who dispenses pursuant to a prescription, a drug, biological
product, or medical device approved by the Food and Drug
Administration, for an approved indication of the drug,
biological product, or medical device, shall not be named as
a party to a product liability lawsuit invoking such drug,
biological product, or medical device and shall not be liable
to a claimant in a class action lawsuit against the
manufacturer, distributor, or product seller of such drug,
biological product, or medical device.
(2) Medical product.--The term ``medical product'' means a
drug or device intended for humans. The terms ``drug'' and
``device'' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321), respectively, including any component or
raw material used therein, but excluding health care
services.
SEC. 10109. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments in accordance with the Uniform Periodic
Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this subtitle.
SEC. 10110. EFFECT ON OTHER LAWS.
(a) General Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this subtitle shall not affect the application of the
rule of law to such an action; and
(B) any rule of law prescribed by this subtitle in conflict
with a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this subtitle or otherwise
applicable law (as determined under this subtitle) will apply
to such aspect of such action.
(b) Smallpox Vaccine Injury.--
(1) In general.--To the extent that part C of title II of
the Public Health Service Act establishes a Federal rule of
law applicable to a civil action brought for a smallpox
vaccine-related injury or death--
(A) this subtitle shall not affect the application of the
rule of law to such an action; and
(B) any rule of law prescribed by this subtitle in conflict
with a rule of law of such part C shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a smallpox vaccine-related injury or death to
which a Federal rule of law under part C of title II of the
Public Health Service Act does not apply, then this subtitle
or otherwise applicable law (as determined under this
subtitle) will apply to such aspect of such action.
(c) Other Federal Law.--Except as provided in this section,
nothing in this subtitle shall be deemed to affect any
defense available, or any limitation on liability that
applies to, a defendant in a health care lawsuit or action
under any other provision of Federal law.
SEC. 10111. STATE FLEXIBILITY AND PROTECTION OF STATES'
RIGHTS.
(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this subtitle shall preempt,
subject to subsections (b) and (c), State law to the extent
that State law prevents the application of any provisions of
law established by or under this subtitle. The provisions
governing health care lawsuits set forth in this subtitle
supersede chapter 171 of title 28, United States Code, to the
extent that such chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this subtitle; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--No provision of this
subtitle shall be construed to preempt any State law (whether
effective before, on, or after the date of the enactment of
this Act) that specifies a particular monetary amount of
compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit,
regardless of whether such monetary amount is greater or
lesser than is provided for under this subtitle,
notwithstanding section 10105(a).
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this subtitle
(including the State standards of negligence) shall be
governed by otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this subtitle shall
be construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections (such
as a shorter statute of limitations) for a health care
provider or health care institution from liability, loss, or
damages than those provided by this subtitle;
(B) preempt or supercede any State law that permits and
provides for the enforcement of any arbitration agreement
related to a health care liability claim whether enacted
prior to or after the date of enactment of this Act;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.
SEC. 10112. APPLICABILITY; EFFECTIVE DATE.
This subtitle shall apply to any health care lawsuit
brought in a Federal or State court, or subject to an
alternative dispute resolution system, that is initiated on
or after the date of the enactment of this Act, except that
any health care lawsuit arising from an injury occurring
prior to the date of enactment of this Act shall be governed
by the applicable statute of limitations provisions in effect
at the time the injury occurred.
______
SA 3248. Mr. REID proposed an amendment to the bill H.R. 3326, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes; as follows:
At the end of the House Amendment, insert the following:
The provisions of this Act shall become effective 5 days
after enactment.
______
SA 3249. Mr. REID proposed an amendment to the bill H.R. 3326, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes; as follows:
At the end, insert the following:
The Appropriations Committee is requested to study the
impact of any delay in implementing the provisions of the Act
on service members families.
______
SA 3250. Mr. REID proposed an amendment SA 3249 proposed by Mr. Reid
to the bill H.R. 3326, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes; as follows:
At the end, add the following:
``and the health care provided to those service members.''
______
SA 3251. Mr. REID proposed an amendment to amendment SA 3250 proposed
by Mr. Reid to the amendment SA 3249 proposed by Mr. Reid to the bill
H.R. 3326, making appropriations for the Department of Defense for the
fiscal year ending September 30, 2010, and for other purposes; as
follows:
[[Page 32024]]
At the end, add the following:
``and the children of service members.''
______
SA 3252. Mr. REID proposed an amendment to amendment SA 3248 proposed
by Mr. Reid to the bill H.R. 3326, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2010,
and for other purposes; as follows:
Strike ``5 days'' and insert ``1 day''.
______
SA 3253. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 816, after line 20, insert the following:
SEC. 3115. INCREASING THE LIMITATION ON CHARGES FOR
PHYSICIANS' SERVICES UNDER THE MEDICARE
PROGRAM.
(a) In General.--Section 1848(g)(2)(C) of the Social
Security Act (42 U.S.C. 1395w-4(g)(2)(C)) is amended by
striking ``115 percent'' and all that follows through the
period at the end and inserting ``the greater of--
``(i) 115 percent of the recognized payment amount under
this part for nonparticipating physicians or for
nonparticipating suppliers or other persons; or
``(ii) the average private insurance reimbursement rate for
the item or service (as determined by the Secretary for that
geographic practice cost index area).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to items and services furnished on or after the
date of the enactment of this Act.
______
SA 3254. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 816, after line 20, insert the following:
SEC. 3115. ALLOWING INDIVIDUALS TO CHOOSE TO OPT OUT OF THE
MEDICARE PART A BENEFIT.
Notwithstanding any other provision of law, in the case of
an individual who elects to opt-out of benefits under part A
of title XVIII of the Social Security Act, such individual
shall not be required to--
(1) opt-out of benefits under title II of such Act as a
condition for making such election; and
(2) repay any amount paid under such part A for items and
services furnished prior to making such election.
______
SA 3255. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in title II, insert the following:
SEC. __. MEDICAL MALPRACTICE REFORM.
Notwithstanding any other provision of this Act, a State
that receives Federal funds under any amendment made by this
Act to the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) to increase eligibility
for participation in such program, shall implement reforms in
the State medical malpractice litigation system that are
designed to achieve cost savings through the development and
implementation of alternatives to tort litigation.
______
SA 3256. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill H.R. 3590, to amend the Internal Revenue Code of 1986
to modify the first-time homebuyers credit in the case of members of
the Armed Forces and certain other Federal employees, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LONG-TERM FISCAL ACCOUNTABILITY.
(a) Purpose.--The purpose of this section is--
(1) to provide a fail-safe mechanism for ensuring that
actual budgetary savings from this Act equal or exceed
initial estimates of such savings;
(2) to create expedited procedures for Congress to consider
legislative changes to increase savings to at least the
initial estimate of this Act if actual budgetary savings are
less than initial estimates; and
(3) to ensure that additional budget savings will further
extend the solvency of the HI Trust Fund, lower premiums and
other out-of-pocket costs for Medicare beneficiaries, and
reduce the national debt.
(b) Definitions.--For the purposes of this section:
(1) Budgetary effects.--The term ``budgetary effects''
refers to the sum of the spending reductions and revenue
increases for the period 2010 through 2019 from this Act less
the sum of the spending increases and revenue reductions
resulting from this Act for the same time period. The
calculation shall not include an estimate of the change in
federal interest payments.
(2) Federal budgetary commitment to health care.--The term
``Federal budgetary commitment to health care'' refers to the
sum of net Federal outlays for all Federal programs and tax
preferences for health care.
(3) OMB proposal.--The term ``OMB proposal'' refers to the
proposed legislative language and such proposal as
subsequently modified, if modified by amendment in either
House required under subsection (e)(2)(C) to carry out
recommendations pursuant to subsection (e)(2)(A).
(4) Savings target.--The term ``savings target'' refers to
the net total provided under subsection (d)(1) for the period
2010 through 2019.
(c) CBO Advisory Reports.--Starting on October 1, 2012, and
every 2 years thereafter, through October 1, 2018, not later
than 60 days after the start of the fiscal year, the
Congressional Budget Office (CBO) shall submit an updated
advisory report to Congress and the President. The updated
report shall include a detailed estimate of the budgetary
effects of this Act based on the information available for
the period 2010 through 2019, as well as information on the
budgetary effects for the period 2020 through 2029.
(d) OMB Cost Estimate Reports.--
(1) Initial cost estimate report.--Not later than 60 days
after the date of enactment of this Act, the Director of the
Office of Management and Budget (OMB) shall submit to
Congress a report containing an estimate of the budgetary
effects of this Act for 2010 through 2019, as well as
information on the budgetary effects for 2020 through 2029.
The estimate of net savings produced by this Act for the
period 2010 through 2019 period shall serve as the savings
target for future cost estimate reports, provided that the
OMB estimate is not less than the final CBO estimate of net
savings produced by this Act made by CBO prior to its
enactment. If the savings estimated by OMB is less than the
amount estimated by the CBO, then the estimate of net savings
produced by the CBO shall serve as the savings target.
(2) Updated cost estimate reports.--Starting on October 1,
2012, and every 2 years thereafter, through fiscal year 2019,
OMB shall reestimate the budgetary effects of this Act based
on the information available at that time. The updated cost
estimate report shall include a detailed reestimate of the
budgetary effects of this Act for the period 2010 through
2019, as well as information on the budgetary effects for the
period 2020 through 2029.
(e) Biennial Submission to Congress.--
(1) In general.--Starting on October 1, 2012, and every 2
years thereafter, through fiscal year 2019, OMB shall submit
the following to Congress along with its submission of the
upcoming fiscal year budget of the United States Government
required pursuant to section 1105 of title 31 of the United
States Code:
(A) The updated cost estimate report completed pursuant to
subsection (d)(2).
(B) An explanation of any discrepancies between the OMB
updated cost estimate report and the updated advisory report
prepared by CBO pursuant to subsection (c).
(2) Required information upon savings shortfall.--For a
fiscal year in which the amount estimated by OMB in its
updated cost estimate report for the period 2010 through 2019
is less than the savings target, OMB shall also submit the
following:
(A) Recommendations for increasing actual savings to or
above the level of the savings target for years where the
amount estimated under the updated cost estimate report is
less than the savings target.
(B) An explanation of each recommendation.
(C) Proposed legislative language to carry out such
recommendations (OMB proposal).
(D) Any other appropriate information.
(3) Considerations.--In developing and submitting the
information required under paragraph (2), the OMB shall, to
the extent feasible, give priority to recommendations that--
(A) preserve access to affordable health care;
(B) extend the solvency of the Medicare HI Trust Fund; and
(C) strengthen the long-term viability of the programs
created under this Act.
[[Page 32025]]
(4) Consultation with the department of health and human
services and chief actuary of the centers of medicare and
medicaid services.--In carrying out this subsection, OMB
shall consult with, including submitting a draft copy of any
recommendations and legislation implementing such
recommendations to, the Secretary of the Department of Health
and Human Services and the Chief Actuary of the Centers of
Medicare and Medicaid Services.
(f) Expedited Consideration of OMB Proposal.--
(1) Introduction of omb proposal.--The OMB proposal shall
be introduced in the House of Representatives and in the
Senate not later than 5 days of session after receipt by the
Congress pursuant to subsection (e), by the majority leader
of each House of Congress, for himself, the minority leader
of each House of Congress, for himself, or any member of the
House designated by the majority leader or minority leader.
If the OMB proposal is not introduced in accordance with the
preceding sentence in either House of Congress, then any
Member of that House may introduce the OMB proposal on any
day thereafter. Upon introduction, the OMB proposal shall be
referred to the relevant committees of jurisdiction.
(2) Committee consideration.--The committees to which the
OMB proposal is referred shall report the OMB proposal
without any revision and with a favorable recommendation, an
unfavorable recommendation, or without recommendation, not
later than 30 calendar days after the date of introduction of
the bill in that House, or the first day thereafter on which
that House is in session. If any committee fails to report
the bill within that period, that committee shall be
automatically discharged from consideration of the bill, and
the bill shall be placed on the appropriate calendar.
(3) Fast track consideration in house of representatives.--
(A) Proceeding to consideration.--It shall be in order, not
later than 7 days of session after the date on which an OMB
proposal is reported or discharged from all committees to
which it was referred, for the majority leader of the House
of Representatives or the majority leader's designee, to move
to proceed to the consideration of the OMB proposal. It shall
also be in order for any Member of the House of
Representatives to move to proceed to the consideration of
the OMB proposal at any time after the conclusion of such 7-
day period. All points of order against the motion are
waived. Such a motion shall not be in order after the House
has disposed of a motion to proceed on the OMB proposal. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(B) Consideration.--The OMB proposal shall be considered as
read. The previous question shall be considered as ordered on
the OMB proposal to its passage without intervening motion
except 50 hours of debate, including the 2 amendments
described in subparagraph (E), equally divided and controlled
by the proponent and an opponent. A motion to limit debate
shall be in order during such debate. A motion to reconsider
the vote on passage of the OMB proposal shall not be in
order.
(C) Appeals.--Appeals from decisions of the chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to the OMB proposal
shall be decided without debate.
(D) Application of house rules.--Except to the extent
specifically provided in this paragraph, consideration of an
OMB proposal shall be governed by the Rules of the House of
Representatives. It shall not be in order in the House of
Representatives to consider any OMB proposal introduced
pursuant to the provisions of this subsection under a
suspension of the rules pursuant to clause 1 of House Rule
XV, or under a special rule reported by the House Committee
on Rules.
(E) Amendments.--
(i) In general.--It shall be in order for the majority
leader, or his designee, and the minority leader, or his
designee, to each offer one amendment in the nature of a
substitute to the OMB proposal, provided that any such
amendment would not have the effect of decreasing any
specific budget outlay reductions below the level of such
outlay reductions provided in the OMB proposal, or would have
the effect of reducing Federal revenue increases below the
level of such revenue increases provided in the OMB proposal,
unless such amendment makes a reduction in other specific
budget outlays related to Federal health expenditures, an
increase in other specific Federal revenues related to
Federal health expenditures, or a combination thereof, at
least equivalent to the sum of any increase in outlays or
decrease in revenues provided by such amendment.
(ii) Scoring.--CBO scores of the OMB proposal and any
amendment in the nature of a substitute shall be used for the
purpose of determining whether such amendment achieves at
least the same amount of savings as the OMB proposal.
(iii) Multiple amendments.--If more than 1 amendment is
offered under this subparagraph, then each amendment shall be
considered separately, and the amendment receiving both an
affirmative vote of three-fifths of the Members, duly chosen
and sworn, and the highest number of votes shall be the
amendment adopted.
(F) Vote on passage.--Immediately following the conclusion
of consideration of the OMB proposal, the vote on passage of
the OMB proposal shall occur without any intervening action
or motion and shall require an affirmative vote of three-
fifths of the Members, duly chosen and sworn. If the OMB
proposal is passed, the Clerk of the House of Representatives
shall cause the bill to be transmitted to the Senate before
the close of the next day of session of the House.
(4) Fast track consideration in senate.--
(A) In general.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 7 days of
session after the date on which an OMB proposal is reported
or discharged from all committees to which it was referred,
for the majority leader of the Senate or the majority
leader's designee to move to proceed to the consideration of
the OMB proposal. It shall also be in order for any Member of
the Senate to move to proceed to the consideration of the OMB
proposal at any time after the conclusion of such 7-day
period. A motion to proceed is in order even though a
previous motion to the same effect has been disagreed to. All
points of order against the motion to proceed to the OMB
proposal are waived. The motion to proceed is not debatable.
The motion is not subject to a motion to postpone. A motion
to reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the OMB proposal is agreed to, the OMB
proposal shall remain the unfinished business until disposed
of.
(B) Debate.--Consideration of an OMB proposal and of all
debatable motions and appeals in connection therewith shall
not exceed a total of 50 hours. Debate shall be divided
equally between the majority and minority leaders or their
designees. A motion further to limit debate on the OMB
proposal is in order. Any debatable motion or appeal is
debatable for not to exceed 1 hour, to be divided equally
between those favoring and those opposing the motion or
appeal. All time used for consideration of the OMB proposal,
including time used for quorum calls and voting, shall be
counted against the total 50 hours of consideration.
(C) Amendments.--
(i) In general.--It shall be in order for the majority
leader, or his designee, and the minority leader, or his
designee, to each offer one amendment in the nature of a
substitute to the OMB proposal, provided that any such
amendment would not have the effect of decreasing any
specific budget outlay reductions below the level of such
outlay reductions provided in OMB proposal, or would have the
effect of reducing Federal revenue increases below the level
of such revenue increases provided in the OMB proposal,
unless such amendment makes a reduction in other specific
budget outlays related to Federal health expenditures, an
increase in other specific Federal revenues related to
Federal health expenditures, or a combination thereof, at
least equivalent to the sum of any increase in outlays or
decrease in revenues provided by such amendment.
(ii) Scoring.--CBO scores of the OMB proposal and any
amendment in the nature of a substitute shall be used for the
purpose of determining whether such amendment achieves at
least the same amount of savings as the OMB proposal.
(D) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the OMB
proposal and a single quorum call at the conclusion of the
debate if requested. Passage shall require an affirmative
vote of three-fifths of the Members, duly chosen and sworn.
(E) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate to the procedure relating to a OMB
proposal shall be decided without debate.
(5) Rules to coordinate action with other house.--
(A) Referral.--If, before the passage by 1 House of an OMB
proposal of that House, that House receives from the other
House an OMB proposal, then such proposal from the other
House shall not be referred to a committee and shall
immediately be placed on the calendar.
(B) Treatment of omb proposal of other house.--If 1 House
fails to introduce or consider a OMB proposal under this
section, the OMB proposal of the other House shall be
entitled to expedited floor procedures under this section.
(C) Procedure.--
(i) OMB proposal in the senate.--If prior to passage of the
OMB proposal in the Senate, the Senate receives an OMB
proposal from the House, the procedure in the Senate shall be
the same as if no OMB proposal had been received from the
House except that--
(I) the vote on final passage shall be on the OMB proposal
of the House if it is identical to the OMB proposal then
pending for passage in the Senate; or
(II) if the OMB proposal from the House is not identical to
the OMB proposal then pending for passage in the Senate and
the Senate then passes the Senate OMB proposal, the Senate
shall be considered to have passed the House OMB proposal as
amended by the text of the Senate OMB proposal.
[[Page 32026]]
(ii) Disposition of the omb proposal.--Upon disposition of
the OMB proposal received from the House, it shall no longer
be in order to consider the OMB proposal originated in the
Senate.
(D) Treatment of companion measures in the senate.--If
following passage of the OMB proposal in the Senate, the
Senate then receives an OMB proposal from the House of
Representatives that is the same as the OMB proposal passed
by the House, the House-passed OMB proposal shall not be
debatable. If the House-passed OMB proposal is identical to
the Senate-passed OMB proposal, the vote on passage of the
OMB proposal in the Senate shall be considered to be the vote
on passage of the OMB proposal received from the House of
Representatives. If it is not identical to the House-passed
OMB proposal, then the Senate shall be considered to have
passed the OMB proposal of the House as amended by the text
of the Senate OMB proposal.
(E) Consideration in conference.--Upon passage of the OMB
proposal, the Senate shall be deemed to have insisted on its
amendment and requested a conference with the House of
Representatives on the disagreeing votes of the two Houses,
and the Chair be authorized to appoint conferees on the part
of the Senate, without any intervening action.
(F) Action on conference reports in senate.--
(i) Motion to proceed.--A motion to proceed to the
consideration of the conference report on the OMB proposal
may be made even though a previous motion to the same effect
has been disagreed to.
(ii) Consideration.--During the consideration in the Senate
of the conference report (or a message between Houses) on the
OMB proposal, and all amendments in disagreement, and all
amendments thereto, and debatable motions and appeals in
connection therewith, debate (or consideration) shall be
limited to 10 hours, to be equally divided between, and
controlled by, the majority leader and minority leader or
their designees. Debate on any debatable motion or appeal
related to the conference report (or a message between
Houses) shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
conference report (or a message between Houses).
(iii) Debate if defeated.--If the conference report is
defeated, debate on any request for a new conference and the
appointment of conferees shall be limited to 1 hour, to be
equally divided between, and controlled by, the manager of
the conference report and the minority leader or his
designee, and should any motion be made to instruct the
conferees before the conferees are named, debate on such
motion shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover and the manager
of the conference report. Debate on any amendment to any such
instructions shall be limited to 20 minutes, to be equally
divided between and controlled by the mover and the manager
of the conference report. In all cases when the manager of
the conference report is in favor of any motion, appeal, or
amendment, the time in opposition shall be under the control
of the minority leader or his designee.
(iv) Amendments in disagreement.--If there are amendments
in disagreement to a conference report on the OMB proposal,
time on each amendment shall be limited to 30 minutes, to be
equally divided between, and controlled by, the manager of
the conference report and the minority leader or his
designee. No amendment that is not germane to the provisions
of such amendments shall be received.
(G) Vote on conference report in each house.--Passage of
the conference in each House shall be by an affirmative vote
of three-fifths of the Members of that House, duly chosen and
sworn.
(H) Veto.--If the President vetoes the bill debate on a
veto message in the Senate under this subsection shall be 1
hour equally divided between the majority and minority
leaders or their designees.
(6) Rules of the senate and house of representatives.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and is deemed
to be part of the rules of each House, respectively but
applicable only with respect to the procedure to be followed
in that House in the case of bill under this section, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
______
SA 3257. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 352, line 8, strike ``50'' and insert ``500''.
On page 352, line 13, strike ``50'' and insert ``500''.
On page 352, line 16, strike ``50'' and insert ``500''.
On page 352, line 20, strike ``50'' and insert ``500''.
______
SA 3258. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:
On page 869, between lines 14 and 15, insert the following:
SEC. 3143. FLOOR ON AREA WAGE INDEX.
(a) In General.--Notwithstanding any other provision of
law, beginning with discharges occurring on or after October
1, 2009, for purposes of section 1886(d)(3)(E) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)(E)), the area wage index
applicable under such section to hospitals with Medicare
provider numbers 300001, 300003, 300005, 300011, 300012,
300014, 300017, 300018, 300019, 300020, 300023, 300029, and
300034 shall not be less than the post-reclassification area
wage index applicable to the hospital for purposes of
determining payments during the period beginning on or after
October 1, 2006, and before October 1, 2007.
(b) Implementation.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall make a proportional adjustment in the standardized
amounts determined under section 1886(d)(3) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)) to assure that the
provisions of this section do not result in aggregate
payments under section 1886 of such Act (42 U.S.C. 1395ww)
that are greater or less than those that would otherwise be
made. Notwithstanding any other provision of law, for
purposes of making adjustments under this subsection, the
Secretary shall not further adjust the wage index or
standardized amounts for any area, State, or region within
the United States.
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on agriculture, nutrition, and forestry
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Agriculture, Nutrition, and Forestry be authorized to meet during
the session of the Senate on December 16, 2009.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on armed services
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Armed Services be authorized to meet during the session of the
Senate on December 16, 2009, at 1:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on energy and natural resources
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Energy and Natural Resources be authorized to meet during the
session of the Senate on December 16, at 11:30 a.m., in room SD-366 of
the Dirksen Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on homeland security and governmental affairs
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs be authorized to meet
during the session of the Senate on December 16, 2009, at 10 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on the judiciary
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on the Judiciary be authorized to meet during the session of the Senate
on December 16, 2009, at 3 p.m., in room SD-226 of the Dirksen Senate
Office Building, to conduct a hearing entitled ``Judicial
Nominations.''
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 32027]]
committee on veterans' affairs
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Veterans' Affairs be authorized to meet during the session of the
Senate on December 16, 2009.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on federal financial management, government information,
federal services, and international security
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs' Subcommittee on Federal
Financial Management, Government Information, Federal Services, and
International Security be authorized to meet during the session of the
Senate on December 16, 2009, at 2:30 p.m. to conduct a hearing
entitled, ``Tools to Combat Deficits and Waste: Enhanced Rescission
Authority''.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on human rights and the law
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on the Judiciary, Subcommittee on Human Rights and the Law, be
authorized to meet during the session of the Senate on December 16,
2009, at 10:30 a.m., in room SD-226 of the Dirksen Senate Office
Building, to conduct a hearing entitled ``The Law of the Land: U.S.
Implementation of Human Rights Treaties.''
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
HONORING THE ESTABLISHMENT OF DIPLOMATIC RELATIONS BETWEEN THE UNITED
STATES AND THE HASHEMITE KINGDOM OF JORDAN
Mr. DURBIN. I ask unanimous consent that the Senate proceed to the
immediate consideration of S. Res. 376, submitted earlier today.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 376) honoring the 60th anniversary of
the establishment of diplomatic relations between the United
States and the Hashemite Kingdom of Jordan, the 10th
anniversary of the accession to the throne of His Majesty
King Abdullah II Ibn Al Hussein, and for other purposes.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. INOUYE. Madam President, today, I am supporting this resolution
to honor the 60th anniversary of the establishment of diplomatic
relations between the U.S. and the Hashemite Kingdom of Jordan, as well
as to honor the 10th anniversary of His Majesty King Abdullah II Ibn Al
Hussein's accession to the throne. I am pleased to be joined in this
endeavor by Senator Gregg.
Since establishing diplomatic relations, Jordan has worked together
with the U.S. towards the mutual goal of peace in the Middle East. In
1994, King Hussein and Prime Minister of Israel, Yitzhak Rabin, signed
the Jordan-Israel peace treaty, ending nearly 50 years of war between
the two countries. The government of Jordan has been an instrumental
partner in the fight against al-Qaida and terrorism. As a result, the
people of Jordan have also suffered devastating losses at the hands of
terrorists.
Mr. DURBIN. I ask unanimous consent to be added as a cosponsor to
this legislation.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. I ask unanimous consent that the resolution be agreed to,
the preamble be agreed to, the motions to reconsider be laid upon the
table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 376) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 376
Whereas the Hashemite Kingdom of Jordan achieved
independence on May 25, 1946;
Whereas the United States recognized Jordan as an
independent state in a White House announcement on January
31, 1949;
Whereas diplomatic relations and the American Legation in
Jordan were established on February 18, 1949, when United
States diplomat Wells Stabler presented his credentials as
Charge d'Affaires in Amman;
Whereas, for 60 years, the United States and Jordan have
enjoyed a close relationship and have worked together to
advance issues ranging from the promotion of Middle East
peace to advancing the socio-economic development of the
people of Jordan, as well as the threat to both posed by al
Qaeda and violent extremism;
Whereas, from 1952 to 1999, King Hussein charted a moderate
path for his country;
Whereas, for decades, the United States has been Jordan's
strongest international partner;
Whereas, throughout his reign, King Hussein looked for
opportunities to realize his dream of a more peaceful Middle
East by working to solve intra-Arab disputes and engaging
successive Prime Ministers of Israel in the search for peace;
Whereas King Hussein and Prime Minister of Israel Yitzhak
Rabin signed the historic Jordan-Israel peace treaty in 1994,
ending nearly 50 years of war between the neighboring
countries;
Whereas the United States lost a close friend and a crucial
partner when King Hussein passed away in 1999;
Whereas King Hussein was succeeded by his son, King
Abdullah II, who has continued his father's work to improve
the lives of the people of Jordan while also seeking to bring
peace to the region;
Whereas, in the aftermath of the September 11, 2001,
terrorist attacks, the Government of Jordan has been an
instrumental partner in the fight against al Qaeda, has
provided crucial assistance in Iraq, and has shouldered a
heavy burden in providing refuge to a significant portion of
the Iraqi refugee population;
Whereas, through his 2004 Amman Message, King Abdullah II
has been a leading Arab voice in trying to reaffirm the true
path of Islam;
Whereas, in November 2005, al Qaeda terrorists struck three
hotels in Amman, Jordan, thereby uniting the people of Jordan
and the United States in grief over the lives lost at this
act of terrorism; and
Whereas King Abdullah II begins his second decade on the
Hashemite throne by redoubling his efforts for peace in the
region as the Jordan-United States partnership enters its
seventh decade: Now, therefore, be it
Resolved, That the Senate--
(1) commemorates the 60th anniversary of the close
relationship between the United States and the Hashemite
Kingdom of Jordan;
(2) expresses its profound admiration and gratitude for the
friendship of the people of Jordan;
(3) congratulates His Majesty King Abdullah II on 10 years
of enlightened and progressive rule; and
(4) shares the hope of His Majesty King Abdullah II and the
people of Jordan for a more peaceful Middle East.
____________________
ORDERS FOR THURSDAY, DECEMBER 17, 2009
Mr. DURBIN. I ask unanimous consent that when the Senate completes
its business today, it adjourn until 10 a.m., Thursday, December 17;
that following the prayer and pledge, the Journal of proceedings be
approved to date, the morning hour be deemed expired, the time for the
two leaders be reserved for their use later in the day, and the Senate
resume consideration of the House message with respect to H.R. 3326,
the Department of Defense appropriations bill, with Senators permitted
to speak for up to 10 minutes each; provided further that the first
hour be equally divided and controlled between the two leaders or their
designees, with the Republicans controlling the first half and the
majority controlling the second half.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ADJOURNMENT UNTIL 10 A.M. TOMORROW
Mr. DURBIN. Madam President, if there is no further business to come
before the Senate, I ask unanimous consent that it adjourn under the
previous order.
There being no objection, the Senate, at 6:21 p.m., adjourned until
Thursday, December 17, 2009, at 10 a.m.
[[Page 32028]]
HOUSE OF REPRESENTATIVES--Wednesday, December 16, 2009
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Ms. Baldwin).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
December 16, 2009.
I hereby appoint the Honorable Tammy Baldwin to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
During this season of holidays and holy days, Lord, we pray for
families all across this Nation. The times, economics, and unemployment
are causing great stress within some families. Military service,
sickness, recent deaths, and alienation bring other families to the
point of heartbreak and tears. Yet we believe, Lord, that the family is
not only the basic social unit upon which our communities and our
Nation are built. Family life is the ``domestic church'' where prayer
is practiced and faith is first witnessed.
For You, Lord God, the family itself is a great mystery, our first
school of formation, which shapes human values, affirms self-image, and
provides a world view. Here one accepts personal independence within a
sense of belonging and authority with a sense of humor, bold enough to
giggle at life's inconsistencies and laugh at oneself. Daily, children
and adults learn self-giving, gratitude, patience, forgiveness, and
simple expressions of love and being loved.
Lord, may Congress respect and protect family life in this country.
With Your blessing, may every family this season nurture the experience
of love: conjugal love, paternal and maternal love, fraternal love, and
the love of a community of persons and of generations. May they
acknowledge Your Presence in everyone around the table, both now and
forever. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from Kentucky (Mr.
Yarmuth) come forward and lead the House in the Pledge of Allegiance.
Mr. YARMUTH led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will entertain up to 15 requests
for 1-minute speeches on each side of the aisle.
____________________
SACRIFICING THE FUTURE FOR WAR AND WALL STREET
(Mr. KUCINICH asked and was given permission to address the House for
1 minute.)
Mr. KUCINICH. The Greatest Generation sacrificed during their
lifetime so future generations could have it better. Here, the
``bailout generation'' demands the future will be sacrificed for the
present with unlimited money from Wall Street and war.
While the government expands the debt for Wall Street and war, people
are led to believe that we're doing it for jobs on Main Street. Even
today as Congress expands the debt limit, CitiGroup will get billions
in new tax breaks. Last week, Congress let Wall Street keep their over-
the-counter black box derivatives game going, which will leave the
taxpayers exposed to huge losses in the future.
Today, Congress will give the Pentagon another $550 billion and the
wars in Iraq and Afghanistan another $130 billion, where we expand the
national debt, sacrificing the future for the present. In the past 2
years, Congress chose war and Wall Street over jobs and Main Street,
expanding the debt, sacrificing the future for the present.
Today's job bill is necessary but will address only a fraction of the
unemployed. Rather than prime the pump of the economy and put all of
America back to work, we have to sacrifice the future for war and for
Wall Street.
____________________
OBAMAVILLE IN COLORADO SPRINGS
(Mr. LAMBORN asked and was given permission to address the House for
1 minute.)
Mr. LAMBORN. Madam Speaker, this picture shows what the failed
policies of this Congress and administration are doing to America. This
sign was put up near a homeless camp in my district. It's next to the
highway, down by the river. It says: Welcome to Obamaville--Colorado's
fastest growing community.
It's obvious that the liberals' prescription for creating jobs only
creates more government by taking hard-earned dollars from families and
small businesses for taxes that could have gone into creating real
jobs.
When the President said he wanted more jobs through the so-called
stimulus, it's mostly meant more bureaucrats, and that's not the jobs
Americans want. When Americans lose their jobs in this recession and
end up living in a tent, something is wrong.
The policies of this administration and Congress, by raising taxes
and putting more regulations in the way of business, will not create
the jobs Americans need for the future, but their policies will create
tent cities.
____________________
HONORING JACKIE HAYS
(Mr. YARMUTH asked and was given permission to address the House for
1 minute.)
Mr. YARMUTH. Madam Speaker, I rise today to pay tribute to Jackie
Hays, a broadcasting legend in Louisville, Kentucky, who has served our
community for nearly 22 years. Jackie will retire this Friday, and she
will be greatly missed.
Over the course of her career at WAVE-TV, Jackie has done it all:
flying in Thunderbirds and Blue Angels, covering more than 25 Kentucky
Derbies, and joining Louisvillians for our greatest celebrations and
darkest tragedies. But most of all, she has endeared herself to
Louisvillians because we always knew how much she cared about us.
That's why she was selected 16 times as Louisville's favorite female
anchor. She proved her love for our community not just by her on-air
professionalism, but also by her enthusiastic involvement in civic and
charitable activities.
Jackie once said: God isn't going to ask me one day how many
newscasts I did or how many stories I broke, but what kind of person I
was.
As Jackie's WAVE-3 career comes to an end, I can say without
reservation that she is a person that anyone would hold up as a role
model, and we are grateful she has called Louisville home so long. I
join everyone in Louisville in
[[Page 32029]]
wishing her a long and fulfilling retirement.
____________________
TIME TO STOP DIGGING THE DEFICIT HOLE
(Mrs. SCHMIDT asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Mrs. SCHMIDT. A few weeks ago, Moody's Investor Services told us that
our country's AAA bond rating will be downgraded if we do not get the
budget deficit under control. This is because the President and this
Congress ran up a record-breaking deficit last year to the tune of $1.4
trillion, tripling our prior record.
The response from the President and the majority is more spending and
absolutely no commitment to do anything to reduce the deficit. In fact,
today we're going to be asked to raise our debt ceiling so we can
borrow more.
An article in Barron's financial magazine on Monday said this:
``Moody's expressed optimism that the U.S. budget deficit would be
reined in, helped by quicker-than-expected repayment of funds under the
TARP program. But the ink was hardly dry on its report when President
Obama, Tuesday, announced a new `jobs' program, funded in part by the
greater-than-anticipated return of TARP funds.''
Repaid TARP funds are supposed to be used for deficit reduction.
Besides this, I thought the trillion dollar stimulus bill was supposed
to create jobs.
You know, when you get yourself into a hole, you have to stop
digging.
It's time to stop digging.
____________________
JOBS, JOBS, AND JOBS
(Mr. SIRES asked and was given permission to address the House for 1
minute.)
Mr. SIRES. Madam Speaker, while this House has made great strides to
improve our economy, our journey towards economic recovery will not be
complete until after a robust jobs package is passed. The nearly half a
million unemployed New Jerseyans and over 15 million unemployed
Americans simply cannot wait. They need jobs now, and they're relying
on us to deliver it.
In order to put Americans back to work and lay the groundwork for
future growth, we must build on the investments in job creation we have
already made; specifically, investments in infrastructure and clean
energy: jobs to repair existing roads and bridges, jobs to improve
public transportation and water infrastructure, and jobs in alternative
energy initiatives, including solar and wind.
In addition to job creation, we must also ensure that the unemployed
can make ends meet while searching for jobs by continuing the extension
of unemployment benefits and helping them maintain health care coverage
by extending COBRA subsidies that are set to expire.
Madam Speaker, our work is not done. We need to pass a bill that will
generate jobs, jobs, and even more jobs--not in a month, not two, but
now.
____________________
CONSTITUTIONAL BALANCED BUDGET AMENDMENT
(Mr. BUCHANAN asked and was given permission to address the House for
1 minute.)
Mr. BUCHANAN. Madam Speaker, the congressional leaders this week want
to raise the Federal debt ceiling $1.8 trillion. The current debt in
the country is over $12 trillion.
When I first came here 3 years ago, I introduced a constitutional
balanced budget amendment. I hear up here the last 3 years that the
Democrats are the problem, the Republicans are the problem on the
spending. They're both the problem. In the last 50 years, they've only
balanced the budget five or six times, yet 49 out of 50 Governors have
to balance the budget.
Our State of Florida has had a tough cycle in terms of revenues.
They've cut expenses. Families are cutting expenses. Small businesses
in our communities are cutting 20, 30 percent in expenses, yet we're
raising expenses 12 percent.
The time is now. We almost had a constitutional balanced budget
amendment in 1994. That's the only thing that's going to solve the
problem. We need to act today as Democrats and Republicans and do
what's right for America and Americans.
____________________
SS ``ST. LOUIS''
(Mr. KLEIN of Florida asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. KLEIN of Florida. Madam Speaker, this week I had the chance to
meet with some of the survivors of the SS St. Louis in my community of
south Florida. This was a memorable and moving experience that provides
each of us with a powerful lesson about our past.
As you know, the SS St. Louis carried nearly 1,000 Jewish refugees
from Nazi Germany in 1939, and, shamefully, the United States turned
the ship away. Its passengers were sent back to Europe where hundreds
of them perished. We cannot forget this dark moment in our Nation's
history, and we must remember the story and share it with our next
generation in order to keep our promise of ``never again.''
I'd like to associate myself with Senate Resolution 111 passed by the
U.S. Senate, which recognizes the tragedy of the SS St. Louis and
honors the memory of the passengers who lost their lives. I join my
colleagues and continue to pay tribute to those who did not survive,
and I express my gratitude for the opportunity to join the survivors in
person this week.
____________________
{time} 0915
AFGHANISTAN-PAKISTAN BORDER AND U.S.-MEXICO BORDER
(Mr. POE of Texas asked and was given permission to address the House
for 1 minute.)
Mr. POE of Texas. Madam Speaker, I had the opportunity to be with our
resilient troops last week in Afghanistan near the violent southern
border with Pakistan. Part of their mission is to secure the border by
preventing drugs, arms, money and Taliban criminals from crossing back
and forth through the vast border regions. It's in America's interest
to have our military in Afghanistan and protect the sovereignty of that
country.
It is ironic, however, we see the need to protect the borders of
other nations; but because of political reasons, we don't have the
moral will to protect our own borders. This is not the first
administration that has given a wink and a nod to our porous borders,
but it should be the last.
Our southern border region is a haven for organized criminal cartels,
gun smugglers, human smugglers and rogue outlaws that cross as freely
as they did in the days of the old west. We should be as concerned
about protecting our own border as we are about protecting the borders
of Third World countries like Afghanistan. We should put our military
on the border if necessary.
After all, the first duty of government is protection of our own
homeland.
And that's just the way it is.
____________________
JOBS
(Ms. LINDA T. SANCHEZ of California asked and was given permission to
address the House for 1 minute.)
Ms. LINDA T. SANCHEZ of California. Madam Speaker, I rise today for
American working men and women who want to work but can't find a job.
The Nation's unemployment rate stands at 10 percent, with my home State
of California ranking third worst in the country.
While I support a stronger safety net to help families survive, in
the end, Americans don't want unemployment checks. They want to work.
That's why I'm proud to support the Jobs for Main Street Act which
will put Americans back to work in the most direct way possible: by
hiring them. This bill makes overdue investments in America's rails,
roads and schools and in well-paying Davis-Bacon-covered jobs for our
workers.
[[Page 32030]]
The benefits for our economy of encouraging unionized jobs cannot be
overstated. As the great Dr. Martin Luther King, Jr., said, ``Everyone
knows that the labor movement did not diminish the strength of the
Nation, but enlarged it. By raising the living standards of millions,
labor miraculously created a market for industry and lifted the whole
Nation to undreamed of levels of production.''
May this bill continue in that tradition.
____________________
JOBS
(Ms. FOXX asked and was given permission to address the House for 1
minute.)
Ms. FOXX. Madam Speaker, as we approach the Christmastime, too many
Americans are asking, Where are the jobs? In January, the unemployment
rate was 7.6 percent. Only 10 months later, the national unemployment
reached a whopping 10.2 percent, the highest level since April 1983.
That means today there are 15.7 million unemployed Americans looking
for work.
House Republicans have an economic recovery plan that will help get
Americans back to work. Our economic recovery plan will create twice
the jobs at half the cost of the Democrats' failed stimulus plan.
How ironic that our colleagues are coming to the floor today to talk
about the need for jobs when it is their votes and the policies of this
President that have killed so many jobs.
It's time we started working on behalf of the American people and
focus on real commonsense solutions that will help put people get back
to work and let them celebrate Christmas in a wonderful way.
____________________
JOB CREATION PROGRAM
(Mrs. MALONEY asked and was given permission to address the House for
1 minute.)
Mrs. MALONEY. Madam Speaker, I would like to respond to my good
friend on the other side of the aisle from the great State of North
Carolina who pointed out that there are many jobless Americans. That's
true, but let's put this in perspective. The last month that former
President Bush was in office, this country lost over 750,000 jobs.
Under President Barack Obama's leadership, we are trending in the
right direction. This last month, we lost 11,000 jobs. The last 5
months of the Bush administration, they lost well over 600,000 jobs.
And as Nobel laureate Joseph Stiglitz pointed out at a joint economic
hearing last week, that job creation during the Bush administration was
fueled by an artificial bubble. Inflated housing prices and a
ballooning real estate market spurred consumption and hiring and put us
in a very dangerous position where we find ourselves today.
We owe it to the 15 million jobless Americans to invest in aggressive
job creation policies which will be on the floor today in the
Democratic jobs program.
____________________
STOP THE AUTOMATIC PAY RAISE FOR MEMBERS OF CONGRESS IN FISCAL YEAR
2011 ACT
(Mr. MITCHELL asked and was given permission to address the House for
1 minute.)
Mr. MITCHELL. Madam Speaker, my colleague, Dr. Ron Paul, and I have
once again introduced legislation to stop Members of Congress from
receiving the next scheduled automatic pay raise. Earlier this year, we
introduced legislation to block the fiscal year 2010 pay raise, and we
were joined by a bipartisan coalition of more than 100 of our
colleagues in the process. Thanks to their help, as well as that of our
leadership, the fiscal year 2010 pay raise was blocked.
With unemployment so high and so many families struggling to make
ends meet, we believe that it would be wrong for Congress to now raise
its own pay in fiscal year 2011. Right now, we need our focus to be on
getting people back to work, shoring up the economy, and keeping our
families and communities safe, not on giving ourselves a pay raise. The
American people are not getting a raise. Neither should Congress.
I encourage my colleagues from both sides of the aisle to do the same
and join Dr. Ron Paul and me in stopping the next automatic pay raise
from taking effect by supporting H.R. 4255, the Stop the Automatic Pay
Raise for Members of Congress in Fiscal Year 2011 Act.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO
H.R. 3326, DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010; FOR
CONSIDERATION OF HOUSE JOINT RESOLUTION 64, FURTHER CONTINUING
APPROPRIATIONS, FISCAL YEAR 2010; FOR CONSIDERATION OF H.R. 4314,
PERMITTING CONTINUED FINANCING OF GOVERNMENT OPERATIONS; FOR
CONSIDERATION OF SENATE AMENDMENT TO H.R. 2847, COMMERCE, JUSTICE,
SCIENCE, AND RELATED AGENCIES APROPRIATIONS ACT, 2010
Ms. PINGREE of Maine, from the Committee on Rules, submitted a
privileged report (Rept. No. 111-380) on the resolution (H. Res. 976)
providing for consideration of the Senate amendment to the bill (H.R.
3326) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2010, and for other purposes; for
consideration of the joint resolution (H.J. Res. 64) making further
continuing appropriations for fiscal year 2010, and for other purposes;
for consideration of the bill (H.R. 4314) to permit continued financing
of Government operations; for consideration of the Senate amendment to
the bill (H.R. 2847) making appropriations for the Departments of
Commerce and Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2010, and for other purposes, which was
referred to the House Calendar and ordered to be printed.
____________________
WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO
CONSIDERATION OF CERTAIN RESOLUTIONS
Ms. PINGREE of Maine. Madam Speaker, by direction of the Committee on
Rules, I call up House Resolution 973 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 973
Resolved, That the requirement of clause 6(a) of rule XIII
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to any resolution reported on the
legislative day of December 16, 2009.
The SPEAKER pro tempore. The gentlewoman from Maine is recognized for
1 hour.
Ms. PINGREE of Maine. Madam Speaker, for the purpose of debate only,
I yield the customary 30 minutes to the gentlewoman from North
Carolina, Dr. Foxx. All time yielded during consideration of the rule
is for debate only.
General Leave
Ms. PINGREE of Maine. I also ask unanimous consent that all Members
be given 5 legislative days in which to revise and extend their remarks
on House Resolution 973.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Maine?
There was no objection.
Ms. PINGREE of Maine. I yield myself such time as I may consume.
Madam Speaker, House Resolution 973 waives clause 6(a) of rule XIII
which requires a two-thirds vote to consider a rule on the same day it
is reported from the Rules Committee. This waiver applies to any
resolutions reported on the legislative day of December 16, 2009. This
will allow the House to consider today important legislation, including
legislation to ensure the funding of our military in addition to
measures to put people back to work.
Madam Speaker, we must act quickly to deliver the bills before us
today that will fund our military and get people back to work. Today
the House will
[[Page 32031]]
take up several measures that will fund our military and make critical
investments in the Nation's infrastructure in order to put people back
to work. We have the opportunity today to take the bailout money that
was used as a lifeline to Wall Street and give that money back to the
American people and those who have been hit hardest by these tough
economic times.
The legislation that we will take up later today will divert the TARP
money to programs that will create and save jobs across the country. We
do this by investing $75 billion of TARP money into highways, to
transit, to school renovation, to hiring teachers, police and
firefighters, to supporting small businesses, job training and
affordable housing.
For those hit hardest by the recession, this bill also provides
emergency relief by extending programs like Unemployment Benefits,
COBRA and FMAP, which is health care funding for our States, and the
child care tax credit. These are measures that we must pass to build a
foundation for long-term economic recovery.
This is not an ordinary day; and given the importance of this
legislation, I hope Members on both sides of the aisle will support
this rule so that we can move quickly to enact these critically
important measures.
I wish, as so many of my colleagues wish, that we weren't faced with
such difficult problems. I wish that when the Democrats took over the
majority, we weren't saddled with two wars, a recession and a $1.3
trillion deficit. But wishing won't make these problems go away. There
is real urgency in the actions before us today, and I truly hope that
my colleagues on both sides of the aisle will join me in supporting
this rule to allow us to move forward.
Later in the day, we will debate the merits of all of this
legislation and the grave implications of not passing these bills. But
right now, I urge my colleagues to support this rule and allow us to
move forward on the debate to complete the work that we were sent here
to do.
I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I appreciate my colleague yielding the time
this morning.
I want to say that it seems every time we come here, we have to do a
little bit of correcting people's memory and their recollection of
history. My colleague just said when they took over the majority, we
had a $1.3 trillion deficit. I think if she will check her facts, she
will see that the $1.3 trillion deficit came about as a result of the
Democrats' taking over the majority. She may not have been here in
2007, but when they took over the majority, I believe that the deficit
was $259 billion, and they made it $1.3 trillion this year with their
Democratic President.
We are here considering a same-day martial law rule. Now, I
understand that there are times when we need to move quickly when we
are faced with an immediate crisis. However, I think the word
``crisis'' has been overused particularly this year. We haven't had
much by way of crisis this year, and yet they're trying to make it a
crisis by bringing in this, again, same-day martial law rule.
The Rules Committee met last night at 8:45. We didn't get the text of
the bills that we're going to be debating and the rule that we're going
to approve again in a few minutes, or a little while, so we've had very
little time to be able to deal with these things. But we've known about
this for a long, long time. We've known that the funding for the
government would run out Friday night for over a month. So what have we
been doing during that period of time when we should have been
preparing for this day?
Let me give some ideas on what we've been doing by reading out some
of the bills that we've been voting on on the floor: expressing support
for designation of November 29, 2009, as ``Drive Safer Sunday,'' surely
something that the country could not live without, without our voting
on it; expressing support for designation of the week beginning on
November 9, 2009, as ``National School Psychology Week,'' another
extraordinarily important issue for us to be dealing with; recognizing
the 60th anniversary of the Berlin Airlift's success. Certainly I am
extremely proud of the fact that Ronald Reagan helped end the Cold War
by opening up Berlin. But I don't think that really needed to be done
by a vote on this floor.
{time} 0930
And then the one that I really think tops the cake and will get the
attention of the American people, honoring the 2,560th anniversary of
the birth of Confucius and recognizing his invaluable contributions to
philosophy and social and political thought. The fact that 2,560 years
have passed since the birth of Confucius and we hadn't acknowledged it,
I really think that could have waited a little bit longer in terms of
the importance of the work that we are doing.
So, here we are again doing what our colleagues across the aisle have
been so good at this session, short-circuiting the legislative process
so we can jam through another major spending bill without the benefit
of Members or, more importantly, the citizens of this country having
the opportunity to read it.
This rule enables us to take up the next rule, and that rule will let
the House consider more than $1 trillion in spending, all done almost
in the blink of an eye if you put it in the context of the birth of
Confucius. But let us not be fooled by this attempt to say that
something is a crisis. The reason we are doing this on the spur of the
moment is because our Speaker and several Members are going to leave
today to go to Copenhagen to talk with people about climate control.
And they're going to emit much, much carbon on their way to do that,
which really is sort of hypocritical in terms of what the conference is
all about. So we have folks talking out of both sides of their mouths
here over and over and over again.
Madam Speaker, I reserve the balance of my time.
Ms. PINGREE of Maine. My good friend from North Carolina has
suggested that this isn't an emergency. I would say that I hear every
day from constituents in my district who feel that we are in a time of
emergency. In Maine, we have 20,000 unemployed workers who are facing
the end of their unemployment benefits. A very critical thing that we
are about to talk about today is the extension of unemployment
benefits.
Now, we are anxious for the economy to improve, but the fact is in my
State unemployment benefits are the fourth largest payroll. That is a
tragedy that we have to deal with. We have to make sure that those
people, in the middle of a cold winter, don't go without their vital
support and that our State doesn't go without a critical part of our
economy.
Many of those people can't even stand a delay because the fact is if
they go for even a few days or weeks without their benefits, they've
already hit the end of their credit card limits, they've already gone
as far as they can possibly go. Many workers have talked to me about
the fact that they are using their COBRA subsidy; they were laid off,
and the fact is this extended that as well.
As far as I'm concerned, there are many critical things in this bill.
This is the time to get it passed. People say to me all the time, When
are you going to get something done in Washington? As far as I'm
concerned, this is something we have to get done, and we need to get
back to work today.
I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I now yield such time as he may consume to
the distinguished gentleman from California and ranking member of the
Rules Committee, Mr. Dreier.
Mr. DREIER. Madam Speaker, our friend from Maine is absolutely right.
This is a very, very challenging time for people who are dealing with
the economic downturn through which we have suffered, and it is
essential that we do a number of the things that are before us today.
The national security of the United States of America is priority
number one. I always argue that the five most important words in the
middle of the preamble of the U.S. Constitution are ``provide for the
common defense.'' I
[[Page 32032]]
say that, Madam Speaker, because if you think about the issues with
which we regularly contend here, nearly all of them can be done either
by an individual, within a family, within a church or community, a
city, a county, or a State level of governing, but our national defense
can only be handled by the Federal Government. So I will acknowledge it
is very, very important for us to ensure that our men and women in
uniform have what they need. And I will acknowledge that as we deal
with the economic downturn, ensuring that people have job opportunities
is a very, very, very important priority for us.
I happen to think that we have gone in the exact opposite direction
when it comes to the notion of encouraging long-term private sector job
creation and economic growth. I believe that we should deal with that
issue in a bipartisan way. And when I say bipartisan, I'm referring to
two Presidents in the last half century; one is John F. Kennedy, the
other Ronald Reagan. John F. Kennedy, when we were dealing with
economic challenges in the early 1960s, decided very clearly that the
best way to get the economy back on track, the best way to encourage
private sector job creation and economic growth was to do what? Bring
about broad, marginal tax rate reduction, reducing the top rate on
capital gains and taking the top rate on job creators, men and women
who are out there working to create more and more opportunity for their
fellow Americans.
Well, Madam Speaker, that kind of plan was put into place in the
early 1960s with a Democratic Congress and a Democratic President of
the United States. And guess what happened? During the decade of the
1960s, we saw a doubling of the flow of revenues to the Federal
Treasury because of the heralded John F. Kennedy tax cuts; again, a
Democratic President and a Democratic Congress.
Rush forward from the early 1960s to the early 1980s, two decades. I
was privileged to be a Member of the 97th Congress which convened in
January of 1981. We were dealing with very, very serious economic
problems, some of which were even more challenging than exist today. In
the early 1980s, people will recall that interest rates were well into
double digits, we had an unemployment rate that dramatically exceeded
where we are today, and if you look at the overall challenge, it was
similar. How did we deal with that, Madam Speaker? We dealt with it by
doing, under Ronald Reagan, exactly what President John Kennedy, a
great Democratic President, did. Under Ronald Reagan, we saw broad
reductions across the board of marginal tax rates, we saw a reduction
in the capital gains rate.
And what happened? As we encouraged those job creators out there in
our economy, what happened, Madam Speaker, was we saw, again, a
doubling of the flow of revenues to the Federal Treasury and we saw
good, long-term private sector jobs created.
Now, the thing that is most troubling about what it is that we are
doing is, while we have seen--I am really happy to see this reduction
of 10.2 percent to 10 percent, the unemployment rate; it's a positive
sign. The problem is that it's not private sector job creation; what we
are seeing is public sector job creation.
I will acknowledge that infrastructure spending is important. I
represent the Los Angeles Basin, and we have very serious
infrastructure problems. And so I recognize that government does have
an appropriate role in dealing with infrastructure, and jobs are
created when we put resources into infrastructure. I will acknowledge
that.
But if you look at the other areas, when the President had his job
summit the other day, we had a meeting of Republicans. One of the
economists who participated was Kevin Hassett of the American
Enterprise Institute, and he provided us with an amazing number. He
said that he had his staff at AEI, the American Enterprise Institute,
sit down and look at the challenge of the entire nearly $1 trillion in
stimulus spending. He said, Tell me what would happen if we were to
have taken that entire stimulus bill and just hired people.
Well, his staff came up with the following conclusion, Madam Speaker.
He reported to us that if you look at the average wage rate in the
United States, it's $37,000 a year. That's the average wage rate across
the country. If we were to take the entire stimulus bill and simply
hire people, guess how many jobs would be created? I was stunned when
Mr. Hassett reported to us that that number is 21 million. And when you
look at how the stimulus dollars have been expended, we obviously
haven't created that many jobs, Madam Speaker. But the fact is, if we
were to take all of those resources and just hire people at the average
wage rate across the United States of America, it would be 21 million
jobs that would have been created.
That is not the way to deal with the challenge of the economic
downturn. The way to deal with it is to encourage long-term private
sector job creation and economic growth. That is why, when we look at
these priorities and the urgency of dealing with the challenges that
exist today, that is what we should be doing.
Now, as Ms. Foxx has appropriately said, Madam Speaker, we are here
with a virtually unprecedented scenario before us. First, this rule
gives something that according to our staff has not happened before,
and that is, it gives the Chair the authority to just, without any
action by the Members of the House, adjourn the House. That is a
troubling sign. And it is troubling but not terribly surprising based
on what we have seen over the past 3 years since we had first unveiled
to us a document known as ``A New Direction for America.'' This was the
proposal that was put forward by the now-Speaker of the House, who was
then minority leader. And as minority leader, she was very concerned.
And I will acknowledge, having done a less than perfect job in my
position as chairman of the House Rules Committee, I am proud of what
our work product was, but I could have done better, and I will
acknowledge that freely here. But it's interesting to note what ``A New
Direction for America'' actually had. I would like to just share a
couple of brief lines from that, if I might, Madam Speaker.
It says, Bills should be developed following full hearings and open
subcommittee and committee markups, with appropriate referrals to other
committees. Members should have at least 24 hours to examine a bill
prior to consideration at the subcommittee level. Bills should
generally come to the floor under a procedure that allows open, full,
and fair debate.
I am going to repeat that, Madam Speaker. It says, Bills should come
to the floor under a procedure that allows open, full, and fair debate
consisting of a full amendment process that grants the minority the
right to offer its alternatives, including a substitute.
Members should have at least 24 hours to examine bill and conference
report text prior to floor consideration. Rules governing floor debate
must be reported before 10 p.m. for a bill to be considered the
following day.
Now, Madam Speaker, as we know, virtually all of that has been thrown
out the window.
The other thing that is unprecedented--and I mentioned this in the
Rules Committee when I confirmed it with our staff--to my knowledge,
this is the first session ever to go through the entire session of
Congress without any bill being considered under an open rule. I know
that my friend from Maine was there upstairs when I raised this issue,
and I hope very much that she does have an opportunity soon, because as
we've talked about--and this bill that is coming before us is an
appropriations bill--again, for the first time ever we had the
appropriations process shut down, shut down, denying Members an
opportunity to offer amendments. Never before in the history of the
Republic has that taken place, and we now have, unfortunately, seen
that.
But as we prepare to extend Christmas and Hanukkah greetings to our
colleagues and our friends across the country, it is very unfortunate
that we have now--if we do in fact see today as the last day of the
first session of this Congress--an entire session without any open
rules.
[[Page 32033]]
I will tell you that there are many people on the Rules Committee who
work long and hard to deal with challenges. We, as Ms. Foxx said, met
into the evening last night, and then we were here at 7:30 this
morning.
One of our Rules Committee staff members, Shane Chambers, who has
worked long and hard, is getting ready to leave. I would like to say,
Madam Speaker, how much I appreciate his work. He and his wife and new
baby are moving to Dallas, Texas. I am sure that he will have an
opportunity--even with a new baby--to get more rest than he does as a
staff member on the House Rules Committee. But I would like to express
appreciation to those staff members on both sides of the aisle who do
work long and hard to address these challenges.
I am going to urge my colleagues to join in voting ``no'' on this
rule because I believe that we can do better. This is not the
appropriate way, and it is not what was promised to the American
people.
{time} 0945
Ms. PINGREE of Maine. Madam Speaker, I do want to thank my colleague,
the ranking member on the committee, both for his history lesson and
also for extending holiday greetings to those across the country. I do
appreciate that, as a new Member, I often learn bits of the past from
the things that he discusses with us, and I want to join him in
thanking our hardworking staff. He is absolutely right. We were here
late into the evening, and we were here early in the morning. I know
that my colleagues put in many hours and that our staffs work very
hard, and I want them to know I appreciate greatly their hard work on
our behalf and for dealing with many of the challenges we often have
before us which make our procedural challenges even more difficult as
we try to determine how to get so much work done that is before us and
with so much more to do. That is why we are here today--to talk about
this same-day rule, to talk about the work that is before us.
I yield as much time as he is interested in consuming to my good
colleague from Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. I appreciate my friend from Maine giving me some time
to respond to my friend from California.
Madam Speaker, I think we were getting a little lesson in history
about Kennedy, about Reagan, and about the Recovery Act that was passed
earlier this session.
I'm glad my friend is now returning, because what he forgot to
mention was that, with John Kennedy, when those tax cuts were made, the
highest marginal rates were 70 percent. Today's highest marginal rates
are half that. So we need to understand, when those cuts were made, it
was a substantial amount higher than what we've experienced today. I
would also remind my friend that, in the Recovery Act, which was passed
earlier this year, $300 billion--about 40 percent of that bill--was in
the form of tax cuts. So those kinds of efforts are being made.
I would also remind my friend that, when President Reagan came in in
1981, he did take some tough steps in trying to rebuild the economy,
which was suffering from high interest rates and from a number of other
things, and it wasn't just nirvana the next day. At least in Colorado,
we had years of recession that lasted almost until 1990.
So what we see before us, really, I think, as a result of stabilizing
the banking system last fall and of rejuvenating the economy in the
spring with the Recovery Act, is downward pressure on unemployment. We
are not out of the woods, but it is getting better. We can continue to
do better than what we saw at the end of the Bush administration.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. PINGREE of Maine. I yield the gentleman another 1 minute.
Mr. DREIER. Would the gentleman yield?
Mr. PERLMUTTER. I yield 10 seconds to my friend from California.
Mr. DREIER. I am going to need more than 10 seconds to respond. I
would be happy to ask my friend from the Grandfather community if she
might yield 1 minute to the gentleman.
Ms. FOXX. I am happy to yield 1 minute to the gentleman from
Colorado.
Mr. DREIER. Would the gentleman yield?
Mr. PERLMUTTER. I yield to my friend.
Mr. DREIER. I thank my friend for yielding.
Madam Speaker, let me just say very quickly that, under John F.
Kennedy, it's true. We saw a 70 percent marginal rate dramatically
reduced. We are not asking for a halving of marginal rates. The $300
billion in tax cuts have not been focused on job creators, which is
exactly what President Kennedy did then.
I also want to say, Madam Speaker, that I recognize very well that,
if you look at the provisions that have been put into place within the
past year, we've not been focused on that private sector job creation
that President Kennedy and President Reagan perceived.
I thank my friend for yielding.
Mr. PERLMUTTER. Reclaiming my time, I appreciate that, but I would
disagree with my friend by saying, first of all, we provided tax
credits for first-time home buyers to stimulate home construction and
home sales. We provided tax credits, net operating loss, carrybacks,
and carryforwards for businesses. We provided tax credits on
depreciation. There are many, many business tax credits that have gone
to stimulate the economy and to create jobs. So I would disagree.
Mr. DREIER. Will the gentleman further yield?
Mr. PERLMUTTER. Just for a second.
Mr. DREIER. Madam Speaker, let me just say that, again, the example
that I used, the bipartisan example of the Kennedy/Reagan tax cuts,
were marginal rate reductions for individuals, which encouraged job
creation and a reduction of the capital gains rate, and we've chosen to
increase taxes.
Mr. PERLMUTTER. I take back my time.
Madam Speaker, the business types of tax cuts as well as individual
tax cuts are part of the package that is helping this country recover,
but we aren't there yet. We haven't finished yet. We helped Wall Street
with TARP money. That same money should be able to be available to Main
Street. That's the purpose of today's bill. That's why this rule is
important.
I would urge an ``aye'' vote on this rule as well as an ``aye'' vote
on the underlying bill.
Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from
California.
Mr. DREIER. Madam Speaker, I would be happy to engage in a colloquy
further with my friend from Colorado to simply say that I believe very,
very strongly, Madam Speaker, that it is important for us to recognize
what needs to be done to encourage job creation and economic growth.
What we have seen in the past year, unfortunately, has been a dramatic
expansion of the size and scope and reach of government, which,
frankly, I think, would concern both John F. Kennedy and Ronald Reagan.
The fact is the notion of this regulatory burden and tax cuts that
are not modeled after the pro-growth model of President Kennedy and
President Reagan are not going to create the kind of opportunity that
we need. Why? Because we constantly hear this class warfare argument of
``tax the rich.''
This week's Economist has a very interesting piece, Madam Speaker, in
which it focuses on the bonus tax that Prime Minister Gordon Brown in
Great Britain is putting into place. The piece in The Economist is
entitled, ``Class Warrior.'' It focuses on the fact, again, that Prime
Minister Brown is trying to, with his policy, get the economy going
when the British economy is, in fact, among those in Europe, doing the
worst of the economies. We are in a position right now where he is
engaging in class warfare, and The Economist has this great line, which
reads, ``Market reforms are not what class warriors do.''
[[Page 32034]]
As we continue to attack job creators, as we continue to attack those
at the upper end of the spectrum who are, in fact, struggling right now
to get our economy back on track to create the private sector jobs,
we've got policies here that are undermining that.
Ms. PINGREE of Maine. Will the gentleman yield?
Mr. DREIER. Of course, I am happy to yield.
Ms. PINGREE of Maine. I am happy to yield back again to my wonderful
colleague from Colorado.
Mr. DREIER. I have got time. I will yield to him.
Ms. PINGREE of Maine. We will yield to everybody.
I want to answer one thing. The two of you have been entered into a
colloquy, a very interesting one, going back to Kennedy.
The SPEAKER pro tempore. The time of the gentleman from California
has expired.
Ms. PINGREE of Maine. I am happy to engage in a colloquy with both of
my colleagues here, but let me just make one point to my much more
senior and well-informed Members.
Mr. DREIER. If the gentlewoman would yield, that means older.
Ms. PINGREE of Maine. No, I don't think, actually, they are all
older.
Anyway, I just want to say that, while this has been a very
interesting history lesson and while I greatly appreciate my colleague
from Colorado and his understanding of the financial services industry
and of this world that we've been working so hard on to both regulate
and to deal with, much of my colleague from California's remarks have
been referring to President Kennedy and to President Reagan, which were
very different eras.
I just want to remind my colleagues on the floor that we are here at
the end of the Bush administration. When President Obama came to
office, yes, the Democrats had been here for 2 years before and there
were things that we were unable to fix when we were simply in the
majority. The fact is that President Obama and this particular
Congress--and I came here as a freshman--inherited the worst recession
since the Great Depression, two wars that weren't paid for, a broken
health care system, and a 1950s energy policy. That is what we have had
to deal with. As my colleagues know, this has not been an easy year. We
are here over and over again, attempting to deal with this.
I yield 1 minute to my colleague from Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. I appreciate my friend from Maine yielding.
I would just say to my colleague from Maine, as well as to my
colleague from California, that I think that Ms. Pingree has a very
substantial point. My friend from California complained about the
regulatory burden.
One of the reasons that this country is facing the recession that we
are facing is as a result of the Wild West approach on Wall Street
where there was no regulatory burden, or if there was, it was ignored
by the regulators under the Bush administration. As a consequence, the
private sector was brought to its knees last fall and is just now
getting on its feet as a result of the rejuvenation--the Recovery Act--
which was passed by this Congress and by President Obama. It is those
kinds of things that have required intervention by the Federal
Government to get this country back on its feet. We are not there yet,
but we are heading in the right direction.
Ms. FOXX. Madam Speaker, I find it very interesting that my colleague
from Maine says we find ourselves here at the end of the Bush
administration. We have been in the Obama administration for a year,
yet our colleagues across the aisle cannot stop hearkening back to
President Bush and blaming him for everything that has happened in this
country in the last year when President Bush hasn't been in office and
while the Republicans have not been in control. The Democrats are in
control. They have been in control of the Congress for 3 years.
They actually inherited from President Bush and from the Republican-
controlled Congress a very excellent economy--55 straight months of job
growth. In the first month that the Democrats took over the Congress,
the economy started going downhill, and we can document that very, very
easily. It isn't the Bush administration that deserves the blame for
the ills of the economy; it's the Democrat-controlled Congress, which
began in January of 2007, which is when the economy started going sour.
I want to go back to the issue at hand, which is: Why do we have
closed rules? Why do we have a same-day martial law rule? Why isn't
there time for us to debate the important issues that the American
people want us to be debating?
Why is it, as my colleague from California has pointed out, that our
most important function, that being the defense of this Nation and the
appropriations for that part of the country-- which can be done by no
other group of people in this country as the States can't do it and the
locals can't do it--is left to be done on a day when everybody is
trying to get out for Christmas, and we are doing it in a rush?
The Members aren't allowed to read the bill. The 72-hour rule has
gone out the window. Nobody is allowed to read the bill because there
is not enough time to do it. We have been operating, as my colleague
said, under closed rules with bills with no amendments while we are
doing things like recognizing the Grand Concourse on its 100th
anniversary as the preeminent thoroughfare in the borough of the Bronx
and as an important nexus of commerce and culture for the City of New
York.
That is how our colleagues want to spend their time, which is by
dealing with issues that are not a part of our critical job here in the
House of Representatives, by dealing with things that could have been
done on a voice vote; but we have to have no amendments allowed and no
debate time because there isn't time to do these things, according to
the chairman of the Appropriations Committee, and this is what we are
doing.
Madam Speaker, I had an opportunity this week to, once more, visit
Arlington National Cemetery. It is always a sobering thing to do. I
went particularly to the active duty section this time where men and
women who are currently serving our country have lost their lives. It
gets one's attention. There were parents and relatives there, grieving,
who had recently lost loved ones. I visited the eternal flame of John
Kennedy. I don't have to be reminded of his comments in his inaugural
speech, ``Ask not what your country can do for you. Ask what you can do
for your country.''
{time} 1000
We are in a totally different time, as my colleague has said. We are
in a time where we have people representing this country who want
wealth redistribution. They want to take money from some people and
give it to others.
In fact, that seems to be their entire focus, spread the wealth
around, take up time on frivolous issues. Don't deal with what's
important, don't deal with national security, because we really don't
want to talk about that. That's not what's important. But that is what
is important to us.
I watched the soldiers who guard the Tomb of the Unknowns, and I was
given some insight into the preparation that they have for that job and
how difficult it is to get it.
Would that Members of Congress had a tiny little percentage of the
dedication that these soldiers have for doing their jobs. They do
everything with perfection. Perfection is not just the goal; it is the
standard that those people live up to. We are falling far short of the
standard that our military people uphold for our country.
We are so fortunate that we have men and women willing to serve and
have been willing to serve since the founding of this country. This
Congress is falling short of the goals that they set.
I support our military. I support the funding for our military and
our troops, the equipment, the medical care and all that we are going
to appropriate, but I don't support this martial law way of operating.
I don't support the arrogance of this administration
[[Page 32035]]
and this Congress to bring things up at the last minute and to
disregard the needs of those people.
To put on the bills things that are irrelevant, things they don't
think they can pass any other way, what a travesty, what a shame. What
a shame on this Congress that we are doing this bill at the last minute
and that we are putting these things on here.
We should be voting on appropriations for our military and honoring
them here just before the holidays.
Madam Speaker, I will ask my colleagues to vote ``no'' on this same-
day rule and ``no'' on the next rule so that we could stop and debate
this and not be up against a deadline for a group of our Members to go
to Copenhagen, adding to the carbon problem while they are going over
there to talk about it.
I yield back the balance of my time.
Ms. PINGREE of Maine. Thank you to my colleague from North Carolina
for her thoughts. While we don't always agree, I appreciate her
reminding us about the soldiers who have fallen, about their families,
about her visit to Arlington Cemetery.
I want to concur. I had the privilege of visiting the cemetery myself
this week. Not only did I also grieve for those families who were there
visiting the gravestones of their loved ones and their family members,
and many who were just there to think about the people who they didn't
even know who served for us.
I was also tremendously proud to see the thousands of wreaths that
decorated those graves that had been brought down from my home State,
the State of Maine, in honor of our fallen soldiers. There were 16,000
that were brought to Arlington Cemetery, and there were many people who
traveled with them to make sure that we show the proper respect for our
military, for our soldiers, and for those who served their country in
the past and virtually every day.
I want to just say that we are here today in part to talk about
making sure that there is adequate funding for our military. Yes, we
all wish that our colleagues in the Senate had acted faster on this
bill, that we weren't dealing with continuing resolutions, but this is
the particular situation that we are in. It is very important that we
finish our work before the end of the year, before the end of the
holidays, that we recognize our soldiers, our current military, and
many of the other needs in this bill, many of which will be discussed
as soon as we finish the debate on this same-day rule.
Madam Speaker, in closing, I just want to say that the rule before us
this morning simply allows the consideration of these measures to move
forward.
We have heard a lot about the process this morning. I want to simply
state for the record in the 109th Congress, before I was a Member of
this body, the Republican majority reported out over 20 rules that
allowed for same-day consideration.
Madam Speaker, I urge my colleagues to vote for this rule and for the
underlying measures before us today. These programs are too important.
Our constituents are in too much turmoil to slow this process down any
further.
I urge a ``yes'' vote on the previous question and on the rule.
The material previously referred to by Ms. Foxx is as follows:
Amendment to H. Res. 973 Offered by Ms. Foxx of North Carolina
At the end of the resolution, insert the following new
section:
Sec. 2. On the third legislative day after the adoption of
this resolution, immediately after the third daily order of
business under clause 1 of rule XIV and without intervention
of any point of order, the House shall proceed to the
consideration of the resolution (H. Res. 554) amending the
Rules of the House of Representatives to require that
legislation and conference reports be available on the
Internet for 72 hours before consideration by the House, and
for other purposes. The resolution shall be considered as
read. The previous question shall be considered as ordered on
the resolution and any amendment thereto to final adoption
without intervening motion or demand for division of the
question except: (1) one hour of debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Rules; (2) an amendment, if offered by the
Minority Leader or his designee and if printed in that
portion of the Congressional Record designated for that
purpose in clause 8 of rule XVIII at least one legislative
day prior to its consideration; which shall be in order
without intervention of any point of order or demand for
division of the question, shall be considered as read and
shall be separately debatable for twenty minutes equally
divided and controlled by the proponent and an opponent; and
(3) one motion to recommit which shall not contain
instructions. Clause 1(c) of rule XIX shall not apply to the
consideration of House Resolution 554.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information form Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. PINGREE of Maine. I yield back the balance of my time, and I move
the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. FOXX. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
PROVIDING FOR THE SINE DIE ADJOURNMENT OF THE FIRST SESSION OF THE
111TH CONGRESS
Ms. PINGREE of Maine. Madam Speaker, I send to the desk a privileged
concurrent resolution and ask for its immediate consideration.
The Clerk read the concurrent resolution, as follows:
[[Page 32036]]
H. Con. Res. 223
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on any legislative
day from Wednesday, December 16, 2009, through Saturday,
January 2, 2010, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee,
it stand adjourned sine die, or until the time of any
reassembly pursuant to section 3 of this concurrent
resolution; and that when the Senate adjourns on any day from
Friday, December 18, 2009, through Saturday, January 2, 2010,
on a motion offered pursuant to this concurrent resolution by
its Majority Leader or his designee, it stand adjourned sine
die, or until the time of any reassembly pursuant to section
3 of this concurrent resolution.
Sec. 2. When the House adjourns on any legislative day of
the second session of the One Hundred Eleventh Congress from
Tuesday, January 5, 2010, through Saturday, January 9, 2010,
on a motion offered pursuant to this concurrent resolution by
its Majority Leader or his designee, it shall stand adjourned
until noon on Tuesday, January 12, 2010, or until the time of
any reassembly pursuant to section 3 of this concurrent
resolution, whichever occurs first; and that when the Senate
recesses or adjourns on any day of the second session of the
One Hundred Eleventh Congress from Tuesday, January 5, 2010,
through Saturday, January 9, 2010, on a motion offered
pursuant to this concurrent resolution by its Majority Leader
or his designee, it shall stand recessed or adjourned until
noon on Tuesday, January 19, 2010, or until such other time
on that day as may be specified by its Majority Leader or his
designee in the motion to recess or adjourn, or until the
time of any reassembly pursuant to section 3 of this
concurrent resolution, whichever occurs first.
Sec. 3. The Speaker of the House and the Majority Leader of
the Senate, or their respective designees, acting jointly
after consultation with the Minority Leader of the House and
the Minority Leader of the Senate, shall notify the Members
of the House and the Senate, respectively, to reassemble at
such place and time as they may designate if, in their
opinion, the public interest shall warrant it.
The SPEAKER pro tempore. The concurrent resolution is not debatable.
The question is on the concurrent resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. FOXX. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adoption of House Concurrent Resolution 223 will be
followed by 5-minute votes on ordering the previous question on H. Res.
973; adoption of H. Res. 973, if ordered; and the motion to suspend the
rules on H. Con. Res. 160.
The vote was taken by electronic device, and there were--yeas 222,
nays 195, not voting 17, as follows:
[Roll No. 978]
YEAS--222
Abercrombie
Ackerman
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Carson (IN)
Castor (FL)
Chaffetz
Chandler
Chu
Clarke
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Eshoo
Etheridge
Farr
Fattah
Foster
Frank (MA)
Fudge
Garamendi
Gohmert
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick (MI)
Kind
Kissell
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Linder
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Murphy (CT)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--195
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Arcuri
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carney
Carter
Cassidy
Castle
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Dahlkemper
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Driehaus
Duncan
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Himes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson, Sam
Jones
Jordan (OH)
Kilroy
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Maffei
Manzullo
Marchant
Markey (CO)
Massa
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMahon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy (NY)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Paulsen
Pence
Perriello
Peters
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Sestak
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (FL)
NOT VOTING--17
Barrett (SC)
Cardoza
Clay
Engel
Filner
Hall (NY)
Johnson, E. B.
Kaptur
Markey (MA)
Moran (VA)
Murtha
Paul
Radanovich
Simpson
Speier
Wexler
Young (AK)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1037
Messrs. JORDAN of Ohio, MASSA, MAFFEI, McMAHON and Ms. KILROY changed
their vote from ``yea'' to ``nay.''
Mr. GOHMERT changed his vote from ``nay'' to ``yea.''
So the concurrent resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 978, I was away from the
Capitol. Had I been present, I would have voted ``yes.''
____________________
WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO
CONSIDERATION OF CERTAIN RESOLUTIONS
The SPEAKER pro tempore. The unfinished business is the vote on
ordering the previous question on House Resolution 973, on which the
yeas and nays were ordered.
[[Page 32037]]
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 226,
nays 192, not voting 16, as follows:
[Roll No. 979]
YEAS--226
Abercrombie
Ackerman
Adler (NJ)
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Foster
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kosmas
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Spratt
Stark
Stupak
Sutton
Tanner
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--192
Aderholt
Akin
Alexander
Altmire
Austria
Bachmann
Bachus
Baird
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carney
Carter
Cassidy
Castle
Chaffetz
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Driehaus
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hill
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paulsen
Pence
Perriello
Peters
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--16
Barrett (SC)
Cardoza
Clay
Filner
Hall (NY)
Johnson, E. B.
Kaptur
Moran (VA)
Murtha
Paul
Radanovich
Sessions
Simpson
Speier
Thompson (CA)
Wexler
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1046
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 979, I was away from the
Capitol. Had I been present, I would have voted ``yes.''
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. FOXX. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 218,
noes 202, not voting 14, as follows:
[Roll No. 980]
AYES--218
Abercrombie
Ackerman
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Foster
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Murphy (CT)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stark
Stupak
Sutton
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--202
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Austria
Bachmann
Bachus
Baird
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (NY)
[[Page 32038]]
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carney
Carter
Cassidy
Castle
Chaffetz
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Driehaus
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Halvorson
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hill
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMahon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy (NY)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paulsen
Pence
Perriello
Peters
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Quigley
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--14
Barrett (SC)
Cardoza
Clay
Filner
Hall (NY)
Johnson, E. B.
Moore (KS)
Moran (VA)
Murtha
Paul
Radanovich
Simpson
Speier
Wexler
{time} 1054
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 980, I was away from the
Capitol. Had I been present, I would have voted ``yes.''
____________________
HONORING THE AMERICAN KENNEL CLUB
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the concurrent resolution, H.
Con. Res. 160, as amended, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Lynch) that the House suspend the
rules and agree to the concurrent resolution, H. Con. Res. 160, as
amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 419,
nays 0, not voting 15, as follows:
[Roll No. 981]
YEAS--419
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Sires
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--15
Barrett (SC)
Cardoza
Clay
Filner
Hall (NY)
Johnson, E. B.
Lynch
McMahon
Moran (VA)
Murtha
Paul
Radanovich
Simpson
Slaughter
Speier
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining on this vote.
{time} 1106
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
The title was amended so as to read: ``A concurrent resolution
recognizing the contributions of the American Kennel Club.''.
[[Page 32039]]
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 981, I was away from the
Capitol. Had I been present, I would have voted ``yes.''
Ms. SLAUGHTER. Madam Speaker, I was unavoidably detained and missed
rollcall vote No. 981. Had I been present, I would have voted ``aye''
on rollcall vote No. 981.
____________________
PERSONAL EXPLANATION
Mr. RADANOVICH. Madam Speaker, I was unable to make today's votes on
the House floor due to a family illness. Had I been present I would
have voted as follows: ``No'' on rollcall vote No. 978, the Adjournment
Resolution, H. Con. Res. 223; ``no'' on rollcall vote No. 979, on
ordering the previous question on H. Res. 973 for consideration of a
same day rule; ``no'' on rollcall No. 980, on the adoption of H. Res.
973, for consideration of a same day rule; and ``aye'' on rollcall vote
No. 981, on the motion to suspend the rules and agree to H. Con. Res.
160, Honoring the American Kennel Club on its 125th Anniversary.
____________________
PERSONAL EXPLANATION
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, on rollcall Nos.
978, 979, and 981, I would have voted ``yea.'' On rollcall No. 980, I
would have voted ``aye.''
____________________
PERSONAL EXPLANATION
Mr. BARRETT of South Carolina. Madam Speaker, unfortunately, I missed
the following recorded votes on the House floor on Tuesday, December
15, 2009 and on the morning of Wednesday, December 16, 2009.
On Tuesday, December 15, 2009, had I been present I would have voted
``aye'' on rollcall vote No. 971 (on motion to suspend the rules and
agree to H. Res. 894); ``aye'' on rollcall vote No. 972 (on motion to
suspend the rules and agree to H.R. 1517); ``aye'' on rollcall vote No.
973 (on motion to suspend the rules and agree to H.R. 3978); ``aye'' on
rollcall vote No. 974 (on motion to suspend the rules and agree to H.
Res. 971); ``aye'' on rollcall vote No. 975 (on motion to suspend the
rules and agree to H.R. 2194); ``aye'' on rollcall vote No. 976 (on
motion to suspend the rules and agree to H. Res. 150); ``aye'' on
rollcall vote No. 977 (on motion to suspend the rules and agree to S.
1472).
On December 16, 2009, had I been present I would have voted ``no'' on
rollcall vote No. 978 (on agreeing to H. Con. Res. 223, providing for
the sin die adjournment of the first session of the 111th Congress);
``no'' on rollcall vote No. 979 (on ordering the previous question to
H. Res. 973); ``no'' on rollcall vote No. 980 (on agreeing to H. Res.
973; ``aye'' on rollcall vote No. 981 (on motion to suspend the rules
and agree to H. Con. Res. 160).
____________________
PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO H.R. 3326,
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010; FOR CONSIDERATION OF
HOUSE JOINT RESOLUTION 64, FURTHER CONTINUING APPROPRIATIONS, FISCAL
YEAR 2010; FOR CONSIDERATION OF H.R. 4314, PERMITTING CONTINUED
FINANCING OF GOVERNMENT OPERATIONS; FOR CONSIDERATION OF SENATE
AMENDMENT TO H.R. 2847, COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
Ms. PINGREE of Maine. Madam Speaker, by direction of the Committee on
Rules, I call up House Resolution 976 and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
H. Res. 976
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table the bill (H.R.
3326) making appropriations for the Department of Defense for
the fiscal year ending September 30, 2010, and for other
purposes, with the Senate amendment thereto, and to consider
in the House, without intervention of any point of order
except those arising under clause 10 of rule XXI, a motion
offered by the chair of the Committee on Appropriations or
his designee that the House concur in the Senate amendment
with the amendment printed in part A of the report of the
Committee on Rules accompanying this resolution. The Senate
amendment and the motion shall be considered as read. The
motion shall be debatable for one hour equally divided and
controlled by the chair and ranking minority member of the
Committee on Appropriations. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion.
Sec. 2. Upon the adoption of this resolution it shall be in
order to consider in the House the joint resolution (H.J.
Res. 64) making further continuing appropriations for fiscal
year 2010, and for other purposes. All points of order
against consideration of the joint resolution are waived
except those arising under clause 9 or 10 of rule XXI. The
joint resolution shall be considered as read. All points of
order against provisions in the joint resolution are waived.
The previous question shall be considered as ordered on the
joint resolution to final passage without intervening motion
except: (1) one hour of debate equally divided and controlled
by the chair and ranking minority member of the Committee on
Appropriations; and (2) one motion to recommit.
Sec. 3. Upon the adoption of this resolution it shall be in
order to consider in the House tie bill (H.R. 4314) to permit
continued financing of Government operations. All points of
order against consideration of the bill are waived except
those arising under clause 9 or 10 of rule XXI. The bill
shall be considered as read. All points of order against
provisions in the bill are waived. The previous question
shall be considered as ordered on the bill to final passage
without intervening motion except: (1) one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means; and (2)
one motion to recommit.
Sec. 4. Upon the adoption of this resolution it shall be in
order to take from the Speaker's table the bill (H.R. 2847)
making appropriations for the Departments of Commerce and
Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2010, and for other purposes, with
the Senate amendment thereto, and to consider in the House,
without intervention of any point of order except those
arising under clause 10 of rule XXI, a motion offered by the
chair of the Committee on Appropriations or his designee that
the House concur in the Senate amendment with the amendment
printed in part B of the report of the Committee on Rules.
The Senate amendment and the motion shall be considered as
read. The motion shall be debatable for one hour equally
divided and controlled by the chair and ranking minority
member of the Committee on Appropriations. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion.
Sec. 5. In the engrossment of the House amendment to the
Senate amendment to H.R. 2847, the Clerk shall--
(a) add the text of H.R. 2920, as passed by the House, as
new matter at the end of the text proposed to be inserted by
the House amendment;
(b) assign appropriate designations to provisions within
the engrossment of the text proposed to be inserted by the
House; and
(c) conform provisions for short titles within the
engrossment of the text proposed to be inserted by the House.
Sec. 6. It shall be in order at any time during the
remainder of the first session of the One Hundred Eleventh
Congress for the Speaker to entertain motions that the House
suspend the rules. The Speaker or her designee shall consult
with the Minority Leader or his designee on the selection of
any matter for consideration pursuant to this section.
Sec. 7. The requirement of clause 6(a) of rule XIII for a
two-thirds vote to consider a report from the Committee on
Rules on the same day it is presented to the House is waived
for the remainder of the first session of the One Hundred
Eleventh Congress.
Sec. 8. The chair of the Committee on Appropriations may
insert in the Congressional Record at any time during the
remainder of the first session of the One Hundred Eleventh
Congress such material as he may deem explanatory of the
Senate amendments and the motions specified in the first and
fourth sections of this resolution.
Sec. 9. On any legislative day of the second session of the
One Hundred Eleventh Congress before January 12, 2010, the
Speaker at any time may dispense with organizational or
legislative business.
Sec. 10. On any legislative day of the second session of
the One Hundred Eleventh Congress before January 12, 2010,
the Chair at any time may declare the House adjourned or
declare the House adjourned pursuant to an applicable
concurrent resolution of adjournment.
Sec. 11. (a) On any legislative day of the first session of
the One Hundred Eleventh Congress, the Speaker may at any
time declare the House adjourned.
(b) When the House adjourns on a motion pursuant to this
subsection or a declaration pursuant to subsection (a) on the
legislative day of:
(1) Wednesday, December 16, 2009, it shall stand adjourned
until 6 p.m. on Saturday, December 19, 2009.
(2) Saturday, December 19, 2009, it shall stand adjourned
until noon on Wednesday, December 23, 2009.
[[Page 32040]]
(3) Wednesday, December 23, 2009, it shall stand adjourned
until 10 a.m. on Saturday, December 26, 2009.
(4) Saturday, December 26, 2009, it shall stand adjourned
until noon on Wednesday, December 30, 2009.
(5) Wednesday, December 30, 2009, it shall stand adjourned
until 10 a.m. on Saturday, January 2, 2010.
(c) If, during any adjournment addressed by subsection (b),
the House has received: (1) confirmation that the President
has approved H.R. 3326; (2) a message from the Senate
transmitting its passage without amendment of H.R. 4314; and
(3) a message from the Senate transmitting its concurrence in
an applicable concurrent resolution of adjournment, the House
shall stand adjourned pursuant to such concurrent resolution
of adjournment.
(d) The Speaker may appoint Members to perform the duties
of the Chair for the duration of the period addressed by this
section as though under clause 8(a) of rule I.
{time} 1115
Point of Order
Mr. FLAKE. Madam Speaker, I raise a point of order against H. Res.
976 because the resolution violates section 426(a) of the Congressional
Budget Act. The resolution contains a waiver of all points of order
against consideration of the legislation, which includes a waiver of
section 425 of the Congressional Budget Act, which causes a violation
of section 426(1).
The SPEAKER pro tempore. The gentleman from Arizona makes a point of
order that the resolution violates section 426(a) of the Congressional
Budget Act of 1974.
The gentleman has met the threshold burden under the rule, and the
gentleman from Arizona and a Member opposed each will control 10
minutes of debate on the question of consideration. After that debate,
the Chair will put the question of consideration.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Madam Speaker, approximately 68 years ago, in January of
1941, Sam Rayburn was elected Speaker of the House of Representatives.
Just prior to his swearing in, he rose on the House floor and said the
following:
``You have elevated me to a position, I must confess, that has been
one of the ambitions of my lifetime. The House of Representatives has
been my life and my love for this more than a quarter of a century. I
love its traditions; I love its precedents; I love its dignity; I glory
in the power of the House of Representatives. It is my highest hope and
my unswerving aim to preserve, protect, and defend the rights,
prerogatives, and the power of the House of Representatives.''
What a beautiful statement. You can't help but hear and feel the
words of love that Speaker Rayburn felt for this House. As Speaker, he
considered himself a custodian of its traditions, its precedents and,
as he put it, its dignity.
You might ask why I tell this story, why I raise this point. It is
because we are about to consider a bill that endorses and condones a
practice that has placed a dark and ominous cloud over this
institution. This practice, for lack of a better term, can be called
circular fund-raising. It involves the awarding of earmarks, which are
essentially no-bid contracts, in close proximity to the receipt of
campaign contributions from the earmark recipients.
This legislation contains more than 500 earmarks where a private,
for-profit company is the intended recipient. Let me repeat that. This
legislation we are about to consider contains more than 500 earmarks,
or no-bid contracts, directed to private companies. In many cases, the
Members of the Congress securing these no-bid contracts have either
received, or will soon receive after this legislation is enacted into
law, large campaign contributions from the executives of these
companies and/or the lobbyists that represent them.
By now my colleagues are well aware of the PMA scandal which was
largely centered on the practice of circular fund-raising. Since news
broke in February 2008 of the FBI's raid of the PMA offices, press
reports and editorials from coast to coast have raised questions about
the action of that firm and the integrity of this body, sowing public
distrust and tarnishing the dignity of the House. Just listen to what
is being said off the Hill and beyond the beltway.
ABC's news site, The Blotter, noted that PMA's ``operations--millions
out to lawmakers, hundreds of millions back in earmarks for clients--
have made it, for many observers, the poster child for tacit `pay-to-
play' politics in Washington.''
An editorial in The New York Times entitled, ``Political Animal 101''
referred to ``the relationship between campaign donors and the
customized appropriations they are fed by grateful lawmakers'' as ``the
ultimate in symbiotic survival'' and ``cynical influence trading.''
An article in The Kansas City Star noted that ``the earmark game gets
a bit less baffling'' when taxpayers consider ``the campaign donors
that grease political palms.''
The Columbus Dispatch summed it up when they noted, ``Congress has an
abysmal public approval rating of 26 percent as of early November, and
the smell of quid pro quo certainly doesn't help.''
The embarrassing coverage isn't just limited to domestic press. The
Irish Times noted that ``U.S. Congressmen tread a fine line between
legitimate political fund-raising and influence-peddling, between
friendship with lobbyists and outright corruption.'' They go on, ``Now
a leaked confidential report, prepared by the committee (on Ethics) in
July and detailed in yesterday's Washington Post, has provided a rare
glimpse into the cesspool of Capitol Hill politics.''
Madam Speaker, I have here that article referred to from The
Washington Post dated October 30 of this year. It notes that seven
Members who sit on the Appropriations Committee, the Subcommittee on
Defense, are ``under scrutiny by ethics investigators.'' The article
notes that ``Together, the seven legislators have personally steered
more than $200 million in earmarks to clients of the PMA Group in the
past 2 years, and received more than $6.2 million in campaign
contributions from PMA and its clients in the past decade.''
According to The Wall Street Journal, Members who sit on the Defense
Subcommittee have this year alone ``received a total of $141,000 in
campaign contributions from companies that received earmarks from the
lawmakers.''
So here we are today, Madam Speaker, with a backdrop of
investigations into the practice of circular fund-raising by the
Justice Department and our own Ethics Committee, yet we are poised to
pass a Defense appropriations bill that contains more than 500 no-bid
contracts for private companies.
In mid-January of 2010, we will see a quarterly report from the
Office of Congressional Ethics that will shed light into their
investigations. Thereafter, it is likely that our own Ethics Committee
will have to provide additional notice of their actions related to the
PMA scandal.
If the future is anything like the past, additional scandals will
spring from the earmarks that we approve today. We are surely, as the
poet said, ``traipsing down a flower-strewn path unpricked by thorns of
reason.''
I should note that circular fund-raising is not a partisan issue;
both parties engage in it. The cloud that hangs over this body rains on
Republicans and Democrats alike. But it is fair to ask, what about the
dignity of this body? Are we appropriately concerned that the words
``pay-to-play,'' ``quid pro quo,'' ``swamp'' and ``cesspool'' are
increasingly routine in articles describing the appropriations process?
Should we have no standard higher than whether the abuse of the process
rises to the level of an indictable offense?
One thing is clear: The practice of circular fund-raising will
someday end. The question is, who will end it? Will it take us, in our
own initiative, to clean our own House, or will we wait for the Justice
Department to launch more investigations and take further action?
My own hope is that those who find themselves in leadership positions
today will summon the dormant custodial spirit of those who have
protected and defended this wonderful institution long before we
arrived in this Chamber. We owe it to them to correct the process that
led to this flawed piece of legislation before us.
I reserve the balance of my time.
[[Page 32041]]
Ms. PINGREE of Maine. Madam Speaker, I claim time in opposition.
The SPEAKER pro tempore. The gentlewoman is recognized for 10
minutes.
Ms. PINGREE of Maine. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, as my colleagues know, we have been here before. This
is the same point of order that has been raised against almost every
appropriations measure during this Congress, and each time it is used
to discuss something other than its intended purpose.
I would want to respond to my good colleague from Arizona that I,
too, share concerns about the earmarking process, and I encourage him
to become a cosponsor on the fair elections bill. As we have in Maine,
public financing takes away much of the scrutiny around the link
between campaign contributions and earmarks.
But once again, this particular debate is about delaying
consideration of this bill and ultimately stopping it altogether. I
hope my colleagues will again vote ``yes'' so we can consider this
important legislation on its merits and not stop it on a procedural
motion.
This rule provides for enactment of legislation to fund our Nation's
defense. The brave men and women who serve in the military,
particularly those who are currently at war in Iraq and Afghanistan,
deserve a swift enactment of this legislation.
This legislation that we will take up later today will also divert
TARP money to programs that create and save jobs across the country. We
do this by investing $75 billion of TARP money into highways, transit,
school renovation, hiring teachers, police, firefighters, supporting
our small businesses, funding job training, and affordable housing. And
for those hardest hit by the recession, this bill also provides
emergency relief by extending programs like unemployment benefits,
COBRA, FMAP, our health care funding for the State, and the child care
tax credit.
Those who oppose this measure can vote against it on final passage.
We must consider this rule, and we must pass this critical legislation
today.
I have the right to close, but in the end I will urge my colleagues
to vote ``yes'' and consider the rule.
Madam Speaker, I reserve the balance of my time.
Mr. FLAKE. Madam Speaker, may I inquire as to the time remaining?
The SPEAKER pro tempore. The gentleman from Arizona controls 3
remaining minutes.
Mr. FLAKE. I am accused of using a procedural measure to bring up
earmarks again. Let me tell you why I'm doing that. I'm doing that
because this year, for the first time in the history of this
institution, every appropriations bill that came to the floor--
including this one, including the Defense appropriations bill--came
under a structured or closed rule with only certain amendments being
offered. That's the first time in the history of this institution where
every appropriations bill has come to the floor in that manner.
And so individuals like myself and others were only allowed to offer
the amendments that the other side wanted us to offer, the ones that
they said we could offer rather than the ones that we ourselves would
choose. I was fortunate in that I got 10 of the 550-some amendments I
offered on this bill. I offered that many because that's how many no-
bid contracts for private companies are contained in the bill, and I
thought that they deserved some scrutiny.
I wish that the Appropriations Committee was vetting these earmarks;
given this, it's clear that they're not. This is one of hundreds of
articles out there. There is a cloud hanging over this institution
because of prior Defense bills, and this is going to end up the same
way. We are guaranteeing that there will be scandal that springs from
earmarks approved in this bill because they haven't been appropriately
vetted, and they haven't been because we weren't allowed an open rule
for people to bring to the floor amendments that they wanted to offer.
I mentioned that I was fortunate in that I got 10 of them. Some of my
colleagues offered multiple amendments on multiple appropriations bills
throughout the year and weren't given the opportunity to offer any of
them, not one. Here are Members across the country wanting to represent
their constituents, and through the entire appropriations process, 12
bills this year, weren't given the opportunity to offer one amendment
because we have the equivalent of martial law on appropriations bills.
And why? Because we were told we had to get it done so we wouldn't do
any omnibus bills at the end of the year. Well, here we are, we just
approved a massive omnibus bill last week, and we're here today because
the Defense bill was held just so that we could tag on additional items
that people who wouldn't want to vote for them anyway would have to
because it's a Defense bill. That's just no way to conduct business.
This institution deserves better than this. It deserves better than to
have a bill that has more than 500 no-bid contracts for private
companies of which articles have been written and will be written,
making a cloud hang over this body.
As I mentioned, this isn't a partisan issue. This isn't where one
party is in the right and one party is in the wrong. We are both doing
this, and we shouldn't. And it will come back to haunt us as surely as
other practices have in the past.
Madam Speaker, I yield back the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, again I want to urge my
colleagues to vote ``yes'' on this motion to consider so that we can
debate and pass this and the other important items covered by this
rule.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
The question is, Shall the House now consider the resolution?
The question of consideration was decided in the affirmative.
The SPEAKER pro tempore. The gentlewoman from Maine (Ms. Pingree) is
recognized for 1 hour.
Ms. PINGREE of Maine. Madam Speaker, for the purpose of debate only,
I yield the customary 30 minutes to the gentlewoman from North
Carolina, Dr. Foxx. All time yielded during consideration of the rule
is for debate only.
General Leave
Ms. PINGREE of Maine. I ask unanimous consent that all Members be
given 5 legislative days in which to revise and extend their remarks on
House Resolution 976.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Maine?
There was no objection.
Ms. PINGREE of Maine. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, House Resolution 976 provides for the consideration of
the Senate amendment to H.R. 3326, House Joint Resolution 64, H.R.
4314, and the Senate amendment to H.R. 2847.
For the Senate amendment to H.R. 3326, the rule makes in order a
motion to concur in the Senate amendment with the House amendment,
provides 1 hour of debate controlled by the Committee on
Appropriations, and waives all points of order against consideration of
the motion except those arising under clause 10 of rule XXI.
{time} 1130
The rule provides for consideration of H.J. Res. 64 under a closed
rule. It provides for 1 hour of debate controlled by the Committee on
Appropriations. It provides one motion to recommit with or without
instructions. It waives all points of order against consideration of
the joint resolution except those arising under clause 9 or 10 of rule
XXI, and it waives all points of order against provisions in the joint
resolution.
The rule provides for consideration of H.R. 4314 under a closed rule.
It provides for 1 hour of debate controlled by the Committee on Ways
and Means. It provides one motion to recommit with or without
instructions. It waives all points of order against consideration of
the bill except those arising under clause 9 or 10 of rule XXI, and it
waives
[[Page 32042]]
all points of order against provisions in the bill.
For the Senate amendment to H.R. 2847, the rule makes in order a
motion to concur in the Senate amendment with the House amendment. It
provides 1 hour of debate on the motion controlled by the Committee on
Appropriations, and it waives all points of order against consideration
of the motion except those arising under clause 10 of rule XXI.
The rule provides that in the engrossment of the House amendment to
the Senate amendment to H.R. 2847, the Clerk shall add the text of H.R.
2920 as passed by the House.
The rule also provides that measures may be considered under
suspension of the rules at any time during the remainder of the first
session of the 111th Congress.
The rule waives the requirement of a two-thirds vote to consider a
rule on the same day it is reported from the Rules Committee for the
remainder of the first session of the 111th Congress.
The rule provides that the Chair of the Committee on Appropriations
may insert in the Congressional Record explanatory materials on the
Senate amendments and the motions regarding H.R. 3326 and H.R. 2847.
The rule provides that, on any legislative day before January 12,
2010, the Speaker may dispense with organizational or legislative
business.
The rule provides that, before January 12, 2010, the Chair may
declare the House adjourned.
The rule provides for pro forma sessions until the House adjourns
sine die.
And finally, the rule provides that, on any legislative day of the
first session of the 111th Congress, the Speaker may declare the House
adjourned.
Madam Speaker, the rule before us today allows the House to consider
the Department of Defense Appropriations Act for fiscal year 2010,
which is the last appropriations bill for this fiscal year.
The conference agreement on H.R. 3326 provides over $363 billion
towards protecting our troops abroad and taking better care of their
families at home. To help protect our troops, this bill provides
increased funding for the Mine Resistant Ambush Protected Vehicle Fund
and for the procurement of new Humvees and of new heavy and medium
tactical vehicles. This is particularly important given the casualty
rate and the difficulties our soldiers are experiencing in Afghanistan.
H.R. 3326 increases pay for all servicemembers by 3.4 percent, and it
fully funds the requested end strength levels for active reserve and
selected reserve personnel. The bill provides over $29 billion for top-
of-the-line medical care, including $120 million for traumatic brain
injury and psychological health, and it increases funding for the
wounded, the ill and injured warrior programs.
The conference agreement also includes over $472 million for family
advocacy programs, and it fully funds the family support and yellow
ribbon programs. The bill also includes $20 million for the Army
National Guard family assistance centers and reintegration programs;
but this bill cannot provide for the common defense without a common
effort.
In my home State of Maine, there are men and women who work every day
to help in this effort. The funding in this bill would have been wasted
if it weren't for the efforts of the welders, designers, and metal
workers of the Bath Ironworks; of the skilled factory workers and
assembly men at Vintech in Biddeford, Maine; of the world-class
machinists and engineers at Pratt and Whitney in North Berwick; or of
the dedicated laborers and nuclear engineers at the Portsmouth Naval
Shipyard.
This is a clear example of why the bills before us today are so
interconnected. Our economic security and our national security are
inextricably linked, and our economic security is still in dire
straits.
Madam Speaker, if you were sitting at a boardroom table on Wall
Street today, you might hear the employees with Goldman Sachs
discussing their $1 billion in profits or bonuses or you might hear
employees of Citibank discussing raises for their top executives. You
might also hear that the stock market has gone up 60 percent since the
spring. You might even hear terms like ``economic recovery'' or
``rebound.'' So, if you are sitting at that boardroom table on Wall
Street, you might think that the economy has fully bounced back and
that we are out of the woods. You may start to believe that there is
nothing but smooth sailing ahead.
Yet, if you were at a kitchen table on Main Street in my home State
of Maine, you would hear a very different story. Rather than talk of
large profits, you would hear families discussing a savings account
that has all but disappeared. Instead of listening to talk of raises or
bonuses, you would hear families debating cutbacks on food or cutbacks
on health care. Instead of hearing phrases like ``economic recovery''
or ``rebound,'' you would hear terms like ``high unemployment'' and
``mounting debt.''
For the big banks on Wall Street, the economic recovery may be at
hand, but for the millions of unemployed workers and for the thousands
of small businesses that are struggling to get by, the economic
recovery is still a long way off. In my State and all across the
country, there are millions of Americans who want to get back to work,
but they need us to lend the same helping hand that we gave to Wall
Street in its time of need.
Madam Speaker, the rule before us today allows for the consideration
of the Jobs for Main Street Act, which will move us down that road.
This legislation invests in our Nation's infrastructure, and it puts
more Americans back to work by providing $48 billion to rebuild and
repair our national transportation system. This investment provides a
measurable return, not only by creating and preserving jobs but by
literally building the foundation for a long-term economic recovery.
This bill will also preserve the jobs of teachers, of police officers,
and of firefighters. For those who have already lost their jobs, the
Jobs Act extends unemployment benefits for 2 months, and it maintains
the current COBRA subsidy.
These programs--these investments, the economic lifelines--have a
real impact. Just this week, I heard from a constituent of mine who
said these words: Something needs to be done. There are less than 4
weeks left for my husband's unemployment. After that, we won't be able
to pay the rent, and we will be out on the streets with a child under 2
years old. Every day, I wonder what is going to happen next, and I even
have nightmares. You bail out these large banks which then only raise
our interest rates and lower our credit lines--and for what? That
doesn't help the little guy like us. Do something to help us.
Madam Speaker, we have the opportunity and we have the obligation to
take the bailout money that was used as a lifeline to Wall Street and
to give that money back to the American people and to those who have
been hit the hardest by these tough economic times. The COBRA subsidy
we passed this spring began expiring a few weeks ago. If we don't act
now, it will completely disappear by January 1. In my State, full
payment for COBRA uses up nearly 90 percent of the average unemployment
benefits. That means out-of-work Mainers end up with only about $150 a
month left after paying the full cost of their health insurance.
We need to act now, and we need to act fast to ensure that Main
Street recovers. If we do not act, we will have only assured that Wall
Street keeps their bonuses while American families lose their benefits.
We will have only watched Wall Street get rid of their debt while
watching small businesses take on more.
Madam Speaker, we have already put more than enough into shoring up
Wall Street. Now we need to focus on creating jobs for the average
American that will rebuild our economy from the bottom up.
I reserve the balance of my time.
Ms. FOXX. I yield myself such time as I may consume.
I thank my colleague from Maine for yielding time.
Madam Speaker, the Department of Defense appropriations bill for
fiscal year 2010 is intended to provide equipment and technology for
our troops.
[[Page 32043]]
Our country's greatest treasure lies in the bravery, in the dedication,
and in the ability of or servicemen and -women. These courageous
individuals protect our freedoms every day.
We thank them, and we thank their families for their support,
dedication, and sacrifice.
This bill provides top-of-the-line medical care for our troops,
including funding for traumatic brain injury and psychological health.
This bill provides funding for wounded, ill, and injured servicemembers
as well as for cancer research. This bill provides our military with a
pay increase, and it continues efforts to end the practice of stop
loss--compensating troops for every month their terms of service will
be involuntarily extended in 2010. This bill includes funding to
provide support for our country's military families who sacrifice every
day on behalf of our Nation and to whom we owe a great debt. This bill
provides our troops with first-class military equipment and readiness
training, ensuring they are fully prepared to successfully perform
their missions.
However, while this bill contains funding for several important and
necessary initiatives, I would be remiss if I did not mention my
disappointment in the overall funding levels when compared to the
increases we have seen throughout the appropriations season this year.
While the bill does receive, roughly, a 4.5 percent increase over last
year, this increase is not comparable to nondefense appropriations
bills we have voted on this year, which average a 12 percent increase
in funding levels. As we have noted before, the Federal Government is
the only unit of government to provide for our national security.
These represent the wrong priorities of the Democrats, who are in
charge of the Congress, and of the Obama administration. Increasing
spending for domestic priorities by double digits while, in comparison,
shortchanging national defense represents a dangerous, wrongheaded
policy that does not rightly prioritize the security of our Nation.
Thus, while I am pleased that several items in this bill are being
funded in order to provide our troops with the tools, training, and
medical services they need and deserve, I am disappointed that, after
increasing the funding levels for domestic appropriations bills by an
average of 12 percent, the Democrats in control decided only to
increase our defense spending by 4.5 percent--less than half--for the
coming year.
This is the last appropriations bill, and that is because it has been
held in order for the majority to put into it things that are not
related, which I will be discussing a bit more, but the substance of
the DOD appropriations bill is not the source of my concern.
The extent of the closed rule before us today allows for the
consideration of a variety of additional legislation that has been
cobbled together without committee consideration. As my colleagues have
said before, our colleagues across the aisle have gone to great lengths
to shut down debate. Therefore, I urge my colleagues to vote ``no'' on
the rule so the bill can be returned to the committee and can be
brought back under regular order.
Madam Speaker, I reserve the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, I yield 3 minutes to a member of
the Committee on Rules, the gentleman from Massachusetts (Mr.
McGovern).
Mr. McGOVERN. I thank my colleague for yielding.
Madam Speaker, I rise in support of this rule, and specifically, I
rise in support of the Jobs for Main Street Act, which we made in order
under this rule. This important bill will provide the following:
$48 billion for highways, transit, and other infrastructure projects;
$27 billion to hire teachers, police, firefighters, and for other job
training programs. That's $75 billion for job-creating programs that
are proven successes and that will help put Americans back to work. On
top of that, the Jobs for Main Street Act provides $79 billion in
emergency relief funding that will go to critical safety net programs
like unemployment benefits, health insurance for unemployed workers,
Federal matching funds for Medicaid, and funding for the child tax
credit.
All told, Madam Speaker, the Jobs for Main Street Act is a good bill,
one that will build on the success of the Recovery Act, which was
signed into law earlier this year and which is one that will put people
back to work. We know that these are difficult economic times, and we
recognize that the American public is hurting. With the Jobs for Main
Street Act, we will continue to stimulate the economy, to shrink the
unemployment rate, and, more importantly, to create new jobs.
Ten months after President Obama signed the Recovery Act into law, we
are seeing real results across the country. According to the
Transportation and Infrastructure Committee, real jobs are being
created by the Recovery Act, and we are seeing the impact of these jobs
in the unemployment figures. Look at the results:
Because of the Recovery Act, we have seen the creation of almost
630,000 direct and indirect jobs in the transportation industry alone.
That's 210,000 direct hires alone. The result of these direct hires is
a $1.1 billion payroll. It is $179 million in unemployment compensation
not spent. It is people's insurance restored, health insurance
restored, and it is $230 million in paid Federal taxes. Additional jobs
have been created because of the clean water and high-speed rail
projects.
All told, the Transportation and Infrastructure Committee estimates
that the Recovery Act has created or has sustained approximately
857,000 jobs. All of this underscores the importance of public
infrastructure programs. These aren't projects just for the safety and
well-being of our friends and neighbors; they are also projects that
put these friends and neighbors back to work.
Madam Speaker, this Congress is acting. This House will pass the Jobs
for Main Street Act and even more jobs will be created.
{time} 1145
Earlier this year, my Republican friends chose politics over the
needs of the American people, and every single one of them opposed the
Recovery and Reinvestment Act.
They liked the same old, same old. Well, that was their way of
thinking. That's the old way of thinking. That way of thinking took
Bill Clinton's accomplishments in creating a record number of jobs and
eliminating our deficits and paying down the debt and turned it into
George Bush's recession, a recession that cost millions of Americans
jobs, a recession that added billions and billions to our debt and
added that debt on the backs of our children and our grandchildren.
Madam Speaker, people in this country want us to act. People want us
to create jobs, and that's what we are going to do.
Ms. FOXX. Madam Speaker, I would now like to yield 3 minutes to my
very distinguished colleague from Texas, one of only five CPAs in the
House, Mr. Conaway.
Mr. CONAWAY. I thank the gentlewoman from North Carolina.
I want to talk to two aspects of this rule, one that sets up the vote
on a trick that allows us to vote on the ``son of stimulus'' bill that
will becoming before us later on this afternoon, and that is voting,
having stripped out the Senate amendment to H.R. 2847 and put in place
this other legislation.
This trick silences the minority one more time. It would not allow
for a motion to recommit and/or a substitute on that bill.
This legislation of some $150 billion was apparently thrown together
in the dark last night, posted on the Internet about 11:10, so we are
now 12 hours and 25 minutes into being able to study this bill, again
thrown together. It will increase the deficit in spite of the rhetoric
that says we are going to use TARP money to do that.
The intent of TARP all along was once it was paid back was to be back
into the Treasury to reduce the amount of money we have to borrow and/
or reduce the deficit. There are two
[[Page 32044]]
provisions in this slush fund and this bill that you need to be aware
of. One is that it creates additional billion-dollar spending in the
Barney Frank trust fund, the housing slush fund, and makes ACORN
available to get back into the game, much to the chagrin of this body,
as we voted on.
It also replaces $2 billion in the Cash for Clunkers money that came
out of the stimulus bill last summer. We were on the bill when the
proponents of the Cash for Clunkers said this will not increase the
deficit because we will take it out of the stimulus money. Immediately
the Speaker came to the floor, along with the others, and said, au
contraire, we will find a replacement for that $2 billion, and it's in
this bill.
Now the stimulus bill, the first stimulus, is up to 787 billion,
because, as you all know we all enjoyed the Cash for Clunkers work, but
this money is back in the bill with respect to the new stimulus.
The other bill I would like to talk about is the Defense Department
appropriations bill. This rule waives the demand, waives the
requirement that the chairman of the Appropriations Committee post on
the Internet the earmarks and/or plus-ups, depending on how you want to
call those, in this bill, some 1,700 of them, we were told. Some are
good, some are bad, but we ought to know what's in there.
They were shortly posted on the Internet last night for a brief
period of time and then taken down. Madam Speaker, I would like to know
what's in this bill that embarrasses the majority that they will not
allow this transparency to come before us to allow us to look at it.
Like I said, I am not against or for any of those necessarily, but we
don't know what they are.
By not posting them until after this bill is voted on sometime
between now and the end of the year, we are going to be voting blind
one more time at the specific request of the majority. It is your
responsibility, Madam Speaker, through the chairman of the
Appropriations Committee, to have posted these earmarks on the Internet
so that those of us could look at them and see them.
We are not going to see those. What has been stuck in here in the
dark of night between last summer when we passed the bill and when we
are going to vote on this afternoon? Why are there things in there
that's going to embarrass the majority before we take this vote?
Madam Speaker, I urge my colleagues to vote against this rule and
against the underlying bill on the ``son of stimulus'' bill.
Ms. PINGREE of Maine. Madam Speaker, I yield 3 minutes to the
gentleman from New York, a member of the Committee on Rules, Mr.
Arcuri.
Mr. ARCURI. I would like to thank my colleague from Maine for
yielding.
I rise today in support of consideration of H.R. 3326, the Department
of Defense Appropriations Act and the underlying rule, not for the
reasons just stated by my friend from Texas, but because the bill
ensures that our brave men and women who are in the military are paid
what they deserve to be paid for defending us, that they have the tools
to fight the war on terror and that they are able to do the things that
we ask them to do, and that is to fight terror, to keep us safe. That
is why I support this bill and the underlying rule.
I would like to thank and commend the members of the Appropriations
Committee in the House and Senate, their counterparts for bringing
before us this bipartisan approach that puts the preparedness and
safety of our troops first, and also continues President Obama's pledge
to put the cost of the war on the books.
The bill does not include funding for an escalation of troops in
Afghanistan, and I have heard some of my colleagues on the other side
of the aisle criticize that we may have to consider a supplemental
measure to provide funds for that purpose. I want to make it very
clear. There is a difference between requesting supplemental funding to
address changes on the ground and simply using the supplemental
appropriation acts to fund the majority of the wars in Iraq and
Afghanistan as we have done under the prior administration.
The House passed our version of the Defense Appropriations Act on
July 30 of this year. At that time we determined the amount of spending
necessary for the ongoing operation in Iraq and Afghanistan. Since that
time, our generals have stated that they believe conditions in
Afghanistan warrant additional troops. President Obama is listening to
those generals in the field and may require additional funds. However,
that is what supplemental appropriations acts are intended for,
responding to changes in circumstances throughout the year, not for
funding ongoing operations.
In addition to ensuring that our troops have first-class weapons and
equipment, the bill also includes other important aspects that improve
transparency and accountability of the Defense Department procurement
process.
For instance, congressional earmarks account for only 1 percent of
the total funding of this bill. In addition, for the first time, this
House-Senate agreement retains the requirement that has been included
in every House-passed appropriations bill this year that requires any
earmark for a private company to be competed.
I applaud the leadership of our side of the Capitol to institute this
important new measure of accountability in the earmark process, and I
hope that it will become a part of all final spending bills as we go
forward.
I urge my colleagues to support this rule and the bill.
Ms. FOXX. Madam Speaker, I now would like to yield 3 minutes to
another distinguished colleague from Texas (Mr. Hensarling).
Mr. HENSARLING. I thank the gentlewoman for yielding.
Madam Speaker, apparently the House is due to adjourn for the year
today. Before it does, the House will apparently present the American
people with a number of Christmas gifts wrapped up in one nice neat
little package represented by this rule.
The first Christmas gift that the majority is giving the American
people is the fifth, fifth increase in the debt ceiling since they took
control of Congress, raising the debt ceiling an additional $290
billion, more debt to be placed upon the backs of our children and
grandchildren.
The second gift for the American people at Christmas time is, guess
what, yet another stimulus bill, this one weighing in at $150 billion.
I lose track, Madam Speaker. I don't know if this is stimulus 4,
stimulus 5. It's a little bit like those old ``Friday the 13th''
movies: it just doesn't go away.
The next gift, Madam Speaker, is kind of a recycled gift, one that
they have given the American people all year and that is unemployment,
double-digit unemployment under the economic policies of this
administration, under this Democratic controlled Congress. They
continue to give the American people double-digit unemployment.
The rule that is before us, Madam Speaker, allows for more of the
same. I would hope, I would hope that one day, for the sake of the
country, that my friends on the other side of the aisle will realize
that you cannot spend your way into more jobs, you cannot borrow your
way into more jobs, you cannot bail out your way into more jobs. That
is not the recipe.
We suffer from double-digit unemployment, not through a lack of
bailouts in spending and debt, which is the hallmark of this Congress.
If we truly want to create jobs, Madam Speaker, the first thing we have
to do is show the American people that we are serious about this sea of
red ink. Nobody wants to launch a new business enterprise in an economy
that is going to be socked with debt and taxes, impossible double-digit
inflation as the debt has to be monetized.
The uncertainty and cost of a nationalized health care system, which
is going to cost the American people their freedom, their
opportunities--not to mention a trillion dollars. There is a $600
billion energy tax passed by the majority. Last week we just passed the
Perpetual Wall Street Bailout and Credit Contraction Act of 2009.
Madam Speaker, where does it all end? If we want jobs, we have to
reject
[[Page 32045]]
the failed policies. This rule brings more of the same. Let's vote
against the spending, against the debt, against the bailouts.
Ms. PINGREE of Maine. Madam Speaker, before I yield to one of my
colleagues, I do want to mention one point of concern I have in the
bill.
The conference agreement on H.R. 3326 is the first step towards
cutting wasteful defense spending, but it is by no means perfect. It is
no means the last step that we must take. The conference agreement
provides $465 million for the development of an alternative engine for
the F-35 Joint Strike Fighter. This provision represents businesses as
usual in Washington for providing funds for an engine that's already
being built and already being built well.
There is no need to devote our precious Federal dollars to a wasteful
alternative engine program at this time when Americans are struggling
to find jobs to pay their medical bills and to put food on the table.
Every defense bill that we spend wisely contributes to our national
security, and every defense dollar that we waste hampers our economic
security.
Madam Speaker, I would like to yield 2 minutes to the gentleman from
Illinois (Mr. Hare).
Mr. HARE. Madam Speaker, I rise in strong support of the rule and the
underlying bill, the Jobs for Main Street Act.
First I would like to thank all the members of the Democratic
leadership for their hard work in putting together a jobs bill, the
Jobs for Main Street Act. It is an important step forward.
As we all know, since December of 2007, our Nation has faced the
greatest economic crisis since the Great Depression. As a result, 15
million, or 10 percent, of our Americans are out of work. The Jobs for
Main Street Act is an important first step in reemploying America and
making our families more secure.
Specifically, I want to call attention to several principles that I
have championed that have been included in this bill, such as extending
the COBRA subsidy. This is a critical safety net for the millions of
unemployed across this country, protecting and expanding our Nation's
critical workforce with teachers, police and firefighters; putting
people to work to improve and rehabilitate our Federal, State and local
public lands.
I would also like to commend Chairman Oberstar for his leadership on
the transportation and infrastructure portion of this bill. There is no
better way to invest in our economy and create jobs than by investing
in infrastructure.
For example, only 4 percent of the Recovery Act went to programs
under the jurisdiction of Chairman Oberstar. However, that 4 percent
for infrastructure has created 25 percent of the jobs under the
Recovery Act. This is a testament to the effectiveness of investing in
infrastructure. Over half of this bill is dedicated to investing in our
roads, bridges, trails, transit systems, airports, and waterways.
Madam Speaker, I look forward to working with leadership to ensure
that this Congress passes this bill and takes further action in the
next session to put Americans back to work.
Ms. FOXX. Madam Speaker, I now would like to yield to a third
colleague from Texas (Mr. Culberson), who has come to speak against
this rule, one of the most fiscally conservative Members of the House,
such time as he may consume.
Mr. CULBERSON. Madam Speaker, I want us to slow down for just a
minute and think about what is happening here today. The House is
scheduled to vote today on a package of four massive bills, spending
over $1.1 trillion hard-earned tax dollars that will be paid for by
additional debt that our children must repay.
{time} 1200
Worst of all, these bills were only posted on the Internet last night
for the American people to see at about 11 o'clock, so literally 13
hours for the public, for the taxpayers, for the Members of Congress to
read these bills spending over $1.1 trillion. And I've scouted around,
Madam Speaker, and the only copy of the bill before us, the Defense
bill, that anybody can find is the one up there on the Clerk's desk.
These bills were put up on the Internet 13 hours ago. They're not
even outside in the House lobby. And it's always tradition that at an
absolute minimum that Members of Congress would be able to physically
read the bill outside in the lobby. But this is all I found: this empty
box outside in the lobby is all we have before us today. And $1.1
trillion spent in a little over 12 hours. Why the rush? Why are we
rushing to do this? So Speaker Pelosi can catch a plane to Copenhagen.
We're spending $1.1 trillion on top of the $6.7 trillion that this
liberal majority has already spent this year. That means in the course
of 12 months, this liberal majority in Congress has already spent in
this House nearly $8 trillion in 12 months. It's unprecedented. It is
unsupportable. It will bankrupt this Nation and crush our children
under a burden of debt that they cannot possibly repay without crushing
tax burdens and massive sacrifices. We may be the first generation in
American history that leaves our children worse off than the world we
inherited from our parents. It's just unacceptable and outrageous.
My colleague Representative Brian Baird and I, Madam Speaker,
introduced legislation earlier this year to require the House to lay
these bills out, every bill, for at least 72 hours before they can be
voted on on the floor.
And I just would ask the Speaker a simple question: what's more
important, giving the American people time to read these bills, to give
the Members of Congress time to read these bills, or to catch an
airplane to a global warming conference? That's really what's going on
here today.
I would ask Speaker Pelosi in all sincerity, Madam Speaker, please
cancel your flight. Give the American people time to read these
spending bills.
It's time to stop forcing Congress to vote blind.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Ms. PINGREE of Maine. Madam Speaker, I yield 2 minutes to the
gentleman from Washington (Mr. Dicks), a member of the Committee on
Appropriations.
Mr. DICKS. I wanted to discuss a change that was made this year in
the appropriations process, and I just want to read it into the Record
to correct something that was said previously.
``Each congressionally directed spending item specified in this
Act''--this is the defense bill--``or the explanatory statement
regarding this Act that is also identified in Senate report 111-74 and
intended for award to a for-profit entity shall be subject to
acquisition regulations for full and open competition on the same basis
as each spending item intended for a for-profit entity that is
contained in the budget request of the President.
``Exceptions: Subsection (a) shall not apply to any contract awarded,
(1), by a means that is required by Federal statute, including for a
purchase made under a mandated preferential program; (2), pursuant to
the Small Business Act (15 U.S.C. 631 et seq.); or (3), in an amount
less than the simplified acquisition threshold described in section
302A(a) of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 252a(a)).
``Any congressionally directed spending item specified in this Act or
the explanatory statement regarding this Act that is intended for award
to a for-profit entity and is not covered by the competition
requirement specified in subsection (a), shall be awarded under full
and open competition, except that any contract previously awarded under
full and open competition that remains in effect during fiscal year
2010 shall be considered to have satisfied the conditions of full and
open competition.
``In this section, the term `congressionally directed spending item'
means the following:
``A congressionally directed spending item, as defined in rule XLIV
of the Standing Rules of the Senate; a congressional earmark for
purposes of rule XXI of the House of Representatives.''
[[Page 32046]]
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. PINGREE of Maine. I yield the gentleman an additional 30 seconds.
Mr. DICKS. I think this clarifies the statement that was made
previously by the gentleman from Arizona.
Ms. FOXX. Madam Speaker, the West continues to be well-represented
here. I now yield 3 minutes to our colleague from Arizona (Mr. Flake).
Mr. FLAKE. I thank the gentlewoman for yielding.
I had hoped that the gentleman would rise and explain what he just
explained.
Now, I will gladly yield to him to explain why this would only apply
to earmarks by House Members alone and why the competition requirements
don't apply to earmarks that are jointly requested by a House and
Senate Member. If we're hanging our hat on language that requires that
these earmarks be subject to competition, then surely we would extend
it to anything that had our name on it, but we're not.
My understanding is that the language only applies to those earmarks
that are requested solely by a House Member, and that if you have a
Senate Member on your earmark request, then it is not subject to
competition. The language just explained does not apply to it. So you
can't have it both ways.
Now, I will argue that it doesn't matter anyway, because right now if
you talk to the Department of Defense, and I have, we've held meetings
in my office with the procurement officials, and we've asked them, How
does this work when these earmarks come over? Are they subject to
competition? They said, Yes, we follow the rules. Yet when you ask them
to do a cursory examination or a full-fledged examination of those
earmarks that were requested in prior years, you will find an uncanny
alignment, as you might expect, between the intended recipient and
those who actually got the earmarks in the end.
So you can say until you're blue in the face we're going to subject
these to full and open competition. The Department of Defense already
says that. And these articles that I already talked about, these
scandals that are currently underway are under a policy where the
Department of Defense already says we subject these to full and open
competition. But let me tell you, if an earmark comes over from a
Member of Congress, particularly from those on the Appropriations
Committee--and I should explain that the majority of these earmarks, a
disproportionate number, are from the powerful Members on the
Appropriations Committee--believe me, those procurement officials at
the Department of Defense take that into account. They know who butters
their bread, and they know that they'd better award this contract to
the intended recipient or they might not get funded the next year. If
that's not the case, why have we seen so much an uncanny alignment
between the intended recipient and those who actually got the earmark
in the first place?
So, first, again let me say if we're hanging our hat on the language
that says these are subject to competition, then why wouldn't we apply
it to every earmark that is contained in this bill? It doesn't apply to
Senate earmarks, nor does it apply to earmarks requested by both Senate
and House Members. So are we saying, well, we're going to subject some
to competition and that means something, but these others, yes, it's
okay if there are no-bid contracts? That simply doesn't work.
Ms. PINGREE of Maine. Madam Speaker, I yield 1 minute to the
gentleman from Washington (Mr. Dicks).
Mr. DICKS. Again I want to just say this is an initiative that Mr.
Obey put into place this year. This is the first year we've had this
initiative. And what it says is that if an earmark is directed to a
for-profit company, there must be full and open competition. This was
extended to the United States Senate as well.
So, again, the gentleman from Arizona misleads the House of
Representatives on a very important and a very sensitive matter.
There ought to be competition on these things, and I thought the
gentleman would recognize how important it was and compliment Mr. Obey
for his initiative, but I don't hear that.
Ms. FOXX. Madam Speaker, having a charge of misspeaking is very
serious. I would like, therefore, to yield such time as he may consume
to the gentleman from Arizona (Mr. Flake) to speak again on the rule.
Mr. FLAKE. I thank the gentlewoman for her indulgence here.
This is important, and I would ask the gentleman and would yield to
him to respond, is it your understanding, then, that this language,
this new competition language, applies to Senate earmarks as well as
earmarks requested by both House and Senate Members?
Mr. DICKS. It is my understanding that the language that came out of
conference applies both to the House and Senate earmarks for for-profit
companies requiring competition. There are some little variations
because of Section 8(a) and other restrictions that the Senate still
claims that should be followed, but this is a major step forward, and I
think Mr. Obey deserves great credit for this. So I just want to clear
this up, that on district directed for-profit companies there is full
and open competition.
Mr. FLAKE. I thank the gentleman. Let me simply say if that is the
case, that is in conflict with the agreement that we understand to be
in effect.
The agreement we understand to be in effect and what I was told is
that only those earmarks that are requested solely by a House Member
has the language that applies to competition. If it is an earmark
requested by both a House and a Senate Member, then it does not apply
this year, and supposedly it will next year, although obviously there
are no guarantees. We can't bind a future session. And that if it is a
Senate earmark, they didn't agree to this at all. That's what we
understand. If there is some difference there, then please let's have
the chairman of the Appropriations Committee explain it.
But, again, the question here is if that language is so important,
then why wouldn't we apply it across the board?
And doesn't it strike everybody a little bit funny that you have an
earmark that, when a Member requests it from the Appropriations
Committee, they say this earmark of this amount, $500,000, $2 million,
$2.5 million, whatever, is to go to this company at this address? It's
that specific. It goes to that company at that address.
Now, the Appropriations Committee will say we're just providing a
look-see, and so the Department of Defense can say, well, we didn't
know that that company existed but now we do, and we're doing nothing
more than simply giving them a look-see and giving them a chance to see
which companies those are. I think that doesn't quite pass the laugh
test.
Mr. DICKS. Will the gentleman yield?
Mr. FLAKE. Yes, I will.
Mr. DICKS. I think the gentleman is trying to confuse himself.
Clearly what we're talking about here is that there has been a
decision to have full and open competitions. The gentleman has been an
advocate for that. It doesn't matter how it's written in. The law says
``full and open competition.'' So please don't try to confuse yourself
and the House and the American people. This is a reform that you've
been advocating for. You ought to be saying thank you for doing it, and
it's the right thing to do. But you'd rather have the issue than to
resolve something.
Mr. FLAKE. I thank the gentleman for explaining my motives.
But in truth what I would like to see is no more earmarks in the
defense bill because when you have an earmark, you don't have full and
open competition. What I'm talking about is I would not like to see no-
bid contracts for private companies in the defense bill. When you have
that, I don't know how in the world you can say we have full and open
competition.
Like I say, I don't believe that that language means much at all, but
to the extent that you believe it does mean something, then at least
you should apply it across the board, not just to earmarks sought by
Members of the
[[Page 32047]]
House solely but those earmarks that are requested by Senate Members as
well. How can we say with a straight face that, hey, we're doing things
right because we're applying that competition language to us, but all
you have to do is to get a Senate Member to request it along with you
and then you don't have to subject it to full and open competition. It
simply doesn't make sense, Madam Speaker.
I thank the gentlewoman for her indulgence and I appreciate this
discussion.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair reminds Members to direct their
remarks to the Chair.
Ms. PINGREE of Maine. Madam Speaker, I yield 3 minutes to the
gentlewoman from Texas (Ms. Jackson-Lee).
{time} 1215
Ms. JACKSON-LEE of Texas. Let me thank the distinguished gentlelady
from Maine.
Madam Speaker, I wish to start by wishing America a very Merry
Christmas, and to many other Americans, a happy holiday. And I'd like
to give my thanks to the Rules Committee and the staff of the Rules
Committee for doing an enormous job. Our chairwoman, Louise Slaughter,
has been at the forefront of the major successes we have had on behalf
of the American people. I offer my appreciation as well for Chairman
John Murtha, who, in his astuteness and commitment to the men and women
of the United States military, finds many of us today supporting the
Defense appropriations bill, even as we begin to consider the next
steps in Afghanistan.
But why am I standing here today to be able to speak to my colleagues
and the American people? One, because history gets distorted. We are in
this predicament because the last administration of Republican
leadership took away our surplus that had been created in the 1990s.
They dashed and dashed and destroyed and devastated. Isn't it
interesting that you'd come now to complain about a leadership,
President and Democratic leadership in Congress, that have had to make
the political sacrifice to ensure that Americans can work?
And so let me just set the record straight. The American Recovery and
Reinvestment Act--that secured no Republican votes--created 3.5 million
jobs and gave 95 percent of American workers a tax cut. And today, as
we speak, we are cutting the job loss every single month. Why I'm
standing here today is because I'm enthusiastically supporting this
rule, because we will then pass a jobs bill, and I will be able to go
home to those in the 18th Congressional District who told me over the
Thanksgiving holiday as I was participating in feeding those on
Thanksgiving Day, I lost my job from a major corporation. Well, I'm
going to tell them that because of infrastructure funding, $48 billion,
in fact, that we will be able to invest in highways and mass transit.
One billion dollars in Federal investments to highways creates 27,800
jobs. Is there something wrong with that? The wrongness of it is that
the other side is not thinking about the American people, and has not
had a good thought about how to invest in America.
This jobs bill is going to keep States from cutting teachers and
police and firefighters, and it's going to provide job training. I am
proud that they have taken my ideas and many of our ideas, but work
that I have done on summer youth jobs. They're going to put 150,000
people in job training positions. One of the ideas that can be
incorporated that I have put forward in a bill is to make sure that
people can keep their unemployment while they are in a job training and
receive a stipend. Dignity, jobs, is what we're talking about.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. PINGREE of Maine. I yield the gentlewoman 15 additional seconds.
Ms. JACKSON-LEE of Texas. And then, my small business friends, once
and for all we'll answer your question about getting loans. But the big
thing is, Riverside General Hospital, because of the astuteness of
those who worked on the Defense bill, will get $1 million for the first
time, an African American hospital, to help our soldiers with post-
traumatic stress disorder. I have worked on this for 4 years. It's a
celebration. Merry Christmas to America.
Ms. FOXX. Madam Speaker, I want to say thank you to our colleague
from Arizona for his very valuable input on the issue of earmarks, and
say that I join him in opposing all earmarks in any of our bills until
we fix this broken system. And I think what we need is a study of how
these specific earmarks then get awarded, since there seems to be open
competition. And I would welcome the majority to institute such a study
and just see how open the competition is.
I now yield 3 minutes to my colleague from Iowa (Mr. King).
Mr. KING of Iowa. Madam Speaker, before I take up the subject that I
came here to talk about, I can't help but remark that the gentlelady
from Texas said that the people on our side had not had a good thought
about how to invest in America. Not a good thought. I would submit that
the good thoughts are right there on the immigration naturalization
flash cards. What is the economic system of America? Flip the card
over, and if you want to be naturalized as a citizen, you need to
answer the question this way. Free enterprise capitalism.
Free enterprise capitalism has been the enemy of this administration.
Tim Geithner said that free enterprise capitalism is what brought us to
the brink of ruin. Can you imagine tearing asunder the very foundation,
one of the principal pillars of American exceptionalism, and arguing
that those that have stood up and defended it and refurbished it
somehow hadn't had a good thought about America.
I would ask again, why do we need African American hospitals? Why
can't we have hospitals that take care of God's children? Why can't we
all be members of the human race? Why is there any legislation that's
brought into this Congress that sets aside special privileges for
people based upon their skin color rather than the content of their
character? I think that this is the wrong path. We've got to embrace
each other as individuals. This wallowing in self-guilt has gone on and
on, Madam Speaker.
We had a President--Clinton--that went and apologized to entire
continents. Now we have a President Obama that has apologized to entire
continents as well for Americanism. In this bill, on page 109 of the
bill, we have another apology, an apology from Congress. First, it's
got some good things in there. It talks about Native Americans. It
recognizes the special legal and political relationship that Indian
tribes have in the United States. That's good. It commends the Native
Peoples for the thousands of years they have stewarded and protected
this land. Part of that's real good. Part of that record's not real
good. This doesn't say so. In fact, the third piece says it recognizes
that there have been years of official depredations, ill-conceived
policies, and the breaking of covenants by the Federal Government
regarding Indian tribes. That's true. There's also another side to that
thing that isn't negative.
And now it says, on page 109 of the bill, we, as Congress, ask the
President--the United States, acting through Congress, actually--to
apologize on behalf of the people of the United States to all Native
Peoples for the many instances of violence, maltreatment, and neglect
inflicted on Native Peoples by citizens of the United States; as if
there were no guilt on the other side.
Madam Speaker, I would direct the attention of this body to the
Declaration of Independence. And there, on paragraph 29 of 32, as I
count them, it says, and I'm going to stop short of violating the
political correctness, but I am going to read directly from the
Declaration of Independence.
He has excited domestic insurrections among us--speaking of King
George--and has endeavored to bring on the inhabitants of our
frontiers, and there I stop and commend the text of the Declaration of
Independence which apparently violates this bill.
The SPEAKER pro tempore. The time of the gentleman has expired.
[[Page 32048]]
Mr. KING of Iowa. I urge the rejection of this rule for this and many
other reasons.
Ms. PINGREE of Maine. Madam Speaker, I yield 2 minutes to the
gentleman from Maryland (Mr. Cummings).
Mr. CUMMINGS. Madam Speaker, I rise today in support of the rule and
the underlying bill, H.R. 2847, the Jobs for Main Street Act.
As a member of the Transportation and Infrastructure Committee and
chairman of the Coast Guard and Maritime Transportation Subcommittee,
I've seen hundreds of thousands of jobs created through infrastructure
funding. I've seen improvements created by that funding slow the
recession and help begin our recovery. However, that recovery is simply
not complete. We still have far too many Americans without jobs.
The COBRA, unemployment and food stamp extensions in this bill are
crucial to help those who are in need or who have lost a job through no
fault of their own. These small lifelines can be immense to those who
are suffering. For some Americans who still face foreclosure, this
funding can help keep them in their homes so that the loss of their job
does not result in the further devastation of an entire family.
Finally, the jobs we create through our work today must be open to
all Americans, including the minority communities who are being
particularly decimated by unemployment, foreclosure and a crisis of
credit.
Before we passed the Recovery Act, I requested bonding assistance,
allowing small and disadvantaged businesses to obtain the insurance
they needed to win contracts to become prime contractors and to hire
workers. The bonding assistance program created in that act led to
much-needed jobs in minority communities, and so I requested further
such assistance in this act. The $20 million included in this bill
today will ensure that jobs created will be available to every American
and every business in every community so they can compete on an even
playing field.
I support fair competition for government projects and the jobs that
they will create. I encourage all my colleagues to support the
underlying bill and the rule that will bring this matter to the floor.
Ms. FOXX. Madam Speaker, you know, I'm sitting here listening to the
crocodile tears, particularly of my colleague from Maine who spoke
earlier about the many people in her district who want to have jobs.
And it is the very policies that she and her party have passed in this
session of Congress that have caused those people to lose their jobs.
What we need to do is let the American people keep their money. Their
money. It is not the government's money. It is the hard-earned money of
those who work in this country.
And let me point out, even President Obama has said, and I'm going to
quote, November 18, 2009: It is important, though, to recognize if we
keep on adding to the debt, even in the midst of this recovery, that at
some point people could lose confidence in the U.S. economy in a way
that can actually lead to a double dip recession.
But what are we doing today? Adding to the debt, with the support of
the President. Do they think the American people are not paying
attention? To the contrary, more than ever, the American people are
paying attention to what's going on in this Congress, and they have
spoken in many, many ways. They have spoken through the polls, they
have spoken through election polls in terms of where they're voting,
and they're telling us every day this is not what they want this
Congress to be doing.
They also are aware of the fact that this Congress is breaking every
promise that it made before the majority was elected. And I want to
say, with apologies to Elizabeth Barrett Browning and her sonnet No.
43, how many ways can we count the promises that have been broken?
Many, many ways. Too many ways to talk about today.
But let me give some examples--one from Majority Leader Hoyer:
``I think that is a very important pursuit. Our committees and
Members are served on both sides of the aisle by pursuing regular
order. Regular order gives to everybody the opportunity to participate
in the process in a fashion which will effect, in my opinion, the most
consensus and best product.''
Again, a letter to Majority Leader Hoyer from members of the Democrat
Blue Dog and New Democratic Caucuses which said:
``Committees must function thoroughly and inclusively, and
cooperation must ensue between the parties and the Houses to ensure
that our legislative tactics enable rather than impede progress. In
general, we must engender an atmosphere that allows partisan games to
cease and collaboration to succeed. We look forward to working with you
to restore this institution.''
And what are we getting? Just the opposite. Even Speaker Pelosi
endorsed the idea of regular order with her spokesperson stating at the
time:
``The Speaker prefers to consider legislation in regular order and
the committees of jurisdiction held hearings and markups on the current
economic recovery bill. In a few cases, because of urgent financial
crises, the leadership agreed to use expedited procedures.''
Lest we forget, promises Democrats made in their 2006 document
entitled A New Direction for America, which promised that:
``Bills should be developed following full hearings and open
subcommittee and committee markups with appropriate referrals to other
committees. Members should have at least 24 hours to examine a bill
prior to consideration at the subcommittee level.''
And we've pointed out it's barely been 12 hours since this bill, the
bill underlying this rule, was presented.
``Bills should generally come to the floor under a procedure that
allows open, full and fair debate, consisting of a full amendment
process that grants the minority the right to offer its alternatives,
including a substitute.''
As Mr. Dreier pointed out earlier, this is the first Congress in the
history of this country that has not allowed that.
{time} 1230
``Members should have at least 24 hours to examine bill and
conference report text prior to floor consideration. Rules governing
for debate must be reported before 10 p.m. for a bill to be considered
the following day.''
We can go on and on and on about promises broken. The President said
bills would be available for 72 hours. The President promised he would
post bills 5 days before signing them. He said he would read every bill
line for line, and he said there would be no earmarks. He would veto
bills with earmarks.
This is a bill with 1,700 earmarks. Is he going to veto the bill? I
doubt it.
So here we have one promise after another that's broken. How can the
American people believe anything that is said by the other side after
this?
Again, they're paying attention. I know they're paying attention, and
I believe that there will be consequences to the fact that these
promises have been broken.
Madam Speaker, I will enter into the Record a letter written by
Republicans, 173 of us, to Speaker Pelosi on December 11, 2009, asking
that we not continue this practice.
Washington, DC,
December 11, 2009.
Hon. Nancy Pelosi,
Speaker of the House, The Capitol,
Washington, DC.
Dear Madam Speaker: We write today to express our strong
opposition to reports that the Democrat Majority is
considering attaching unrelated and extremely controversial
proposals, such as an increase in the public debt limit, to
the Fiscal Year 2010 Defense Appropriations bill. We object
to maneuvers to use our troops as leverage to enact proposals
that the Majority either cannot pass on their own or for
which they wish to avoid directly voting on and we will
oppose a Defense Appropriations package that includes such
provisions.
Unfortunately, there seems to be a pattern developing this
year of using legislation that supports our men and women in
uniform to pass other contentious proposals that are
extraneous to our troops. We should supply those who risk
their lives for our country with the resources they need
without conditions and without using them to accomplish other
legislative goals. House Republicans stand ready to help the
Majority enact a defense bill that meets the needs of our
troops,
[[Page 32049]]
but we will not assist your effort to use the troops to enact
an increase in our national debt limit so as to finance the
irresponsible spending policies of your party.
With that, I reserve the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, I rise to discuss at least one
thing my colleague and friend from North Carolina mentioned. I'm a
Northerner, so I can't claim to be an expert on crocodiles, but I
assume that when you're talking about crocodile tears, you're talking
about being insincere, and I want to say I receive letters from my
constituents every day about the urgency of what we are doing today.
And I have to say that like it or not, I cannot get through the pile of
letters without crying tears for real. It's very, very difficult to
think about the small businesses, laid-off individuals, individuals
worrying about their jobs, what they're going through in my district
and the urgency with which they view the actions that we are about to
take today and the importance of moving on from this rule and getting
to the actual debate.
I want to read one of them that is in front of me here before I yield
a little time to my colleague from California.
This one says: ``My housemate and I were both laid off, me in
September 08 and she in February 09. We have applied diligently for
work in and around Portland with no luck. We had to cash in our meager
401(k)'s, and have been very thankful for the COBRA subsidy so that we
could afford insurance during this most harsh of times. But our money
is running out fast.
``As you know, the subsidy is about to expire, and we cannot afford
the huge jump in premium. We cannot afford both the mortgage and the
insurance. We cannot afford our prescriptions, and our health care will
be at stake, as if things weren't bad enough. We will lose our home.
``PLEASE help push through the COBRA extension and continuation of
the ARRA COBRA subsidy. It is an immediate fix for so many families who
will surely gain employment over the next 6 months now that the economy
has finally taken an upswing.''
Madam Speaker, those are the things that make us all cry real tears
and make us want to pass this rule and go on to passing this
legislation today.
Madam Speaker, I yield 2 minutes to the gentleman from California
(Mr. Garamendi).
Mr. GARAMENDI. Madam Speaker, I just heard a fine exposition on
promises. There is one promise that overrides all of the others, and
that's the promise that I think each one of us made to our constituents
to do everything that we possibly could to see that they were well
cared for and that this government was acting on their behalf. If we
are simply looking at a rule and whether it's going to be applied and
that becomes the most important promise of all, then we are forgetting
about the well-being of Americans, of whom there are 35 million
unemployed, of whom there are, in my district, tens of thousands, more
than one out of eight either unemployed or underemployed. My promise to
those people is that I will do everything I possibly can to see that
they have a job.
This rule allows us to get to that. It allows us to get to the point
of providing a jobs program that's going to provide at least $35
billion for highways and transit, that's going to provide some 500,000
young men and women the opportunity to have summer jobs, to expand
AmeriCorps so that people can provide services and employment.
It's also going to take care of those who are unemployed, who, for no
reason of their own, have found themselves out of a job. It's time for
us to stand for them, and it's, frankly, time for us to move away from
the notion of just providing those unemployment benefits to providing a
job.
Far better that there be taxpayers than tax receivers. That's what
this is about. It gives us an opportunity to do that, and we will do
everything we possibly can on our side of the aisle to make the
fundamental promise of making sure that the Federal Government is doing
everything it possibly can to provide jobs and opportunities for
businesses, for employment, and for taxpayers to actually have a job so
they can pay taxes.
Ms. FOXX. Madam Speaker, I would just like to point out it's not the
role of Federal Government to provide jobs. It's not our job to take
money from some and give to others, to try to make them dependent on
the government.
I urge my colleagues, Madam Speaker, to defeat the previous question
so an amendment can be added to the rule. The amendment to the rule
will provide for separate consideration of House Resolution 554, a
resolution to require that legislation and conference reports be posted
on the Internet for 72 hours prior to consideration by the House, and
does not affect the bill made in order by the rule.
I ask unanimous consent to insert the text of the amendment and
extraneous materials immediately prior to the vote on the previous
question.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. I ask my colleagues to vote ``no'' on the previous question
and the rule.
I yield back the balance of my time.
Ms. PINGREE of Maine. Madam Speaker, the legislation we are
considering today is about investing in jobs. It is about investing in
infrastructure, and it is about rebalancing our economy. So it's not
just the big banks and Wall Street firms that benefit from an economic
recovery. This bill is about helping the American family.
This week, a New York Times/CBS News poll surveyed unemployed
Americans. Not surprisingly, they found that being unemployed takes a
toll far beyond what can be measured in dollars and cents. Half of the
people surveyed said they had begun to suffer from depression and
anxiety, half said the recession has caused them to make major life
changes, and nearly half said they have seen changes in their
children's behavior that they know is a result of their difficult
financial situation.
We are not just helping men and women who've lost their job, who have
suffered from uncertainty, emotional pain, and indignation, but we are
helping their families. We are helping their children. It is time for
us to invest in the jobs and policies that will get the American Dream
back on track and restore the promise of opportunity and prosperity for
everyone.
I urge a ``yes'' vote on the previous question and on the rule.
The material previously referred to by Ms. Foxx is as follows:
Amendment to H. Res. 976
Offered by Ms. Foxx
At the end of the resolution, insert the following new
section:
Sec. 32. On the third legislative day after the adoption of
this resolution, immediately after the third daily order of
business under clause 1 of rule XIV and without intervention
of any point of order, the House shall proceed to the
consideration of the resolution (II. Res. 554) amending the
Rules of the House of Representatives to require that
legislation and conference reports be available on the
Internet for 72 hours before consideration by the House, and
for other purposes. The resolution shall be considered as
read. The previous question shall be considered as ordered on
the resolution and any amendment thereto to final adoption
without intervening motion or demand for division of the
question except: (1) one hour of debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Rules; (2) an amendment, if offered by the
Minority Leader or his designee and if printed in that
portion of the Congressional Record designated for that
purpose in clause 8 of rule XVIII at least one legislative
day prior to its consideration, which shall be in order
without intervention of any point of order or demand for
division of the question, shall be considered as read and
shall be separately debatable for twenty minutes equally
divided and controlled by the proponent and an opponent; and
(3) one motion to recommit which shall not contain
instructions. Clause 1(c) of rule XIX shall not apply to the
consideration of House Resolution 554.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not
[[Page 32050]]
merely a procedural vote. A vote against ordering the
previous question is a vote against the Democratic majority
agenda and a vote to allow the opposition, at least for the
moment, to offer an alternative plan. It is a vote about what
the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information form Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: ``Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. PINGREE of Maine. I yield back the balance of my time and move
the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. FOXX. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adoption of H. Res. 976, if ordered, and
suspension of the rules with regard to H. Res. 905.
The vote was taken by electronic device, and there were--yeas 235,
nays 193, not voting 6, as follows:
[Roll No. 982]
YEAS--235
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--193
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Baird
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Dahlkemper
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Driehaus
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hill
Himes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMahon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Perriello
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--6
Cardoza
Larson (CT)
Murphy, Patrick
Radanovich
Speier
Westmoreland
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1303
Mr. JONES changed his vote from ``yea'' to ``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated for:
Mr. LARSON of Connecticut. Madam Speaker, on rollcall No. 982, I was
unavoidably detained and missed the vote. Had I been present, I would
have voted ``yea.''
[[Page 32051]]
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. FOXX. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 228,
noes 201, not voting 5, as follows:
[Roll No. 983]
AYES--228
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stupak
Sutton
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Yarmuth
NOES--201
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Baird
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Boyd
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Dahlkemper
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Driehaus
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Halvorson
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hill
Himes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMahon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy (NY)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Paulsen
Pence
Peters
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stark
Stearns
Tanner
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Wu
Young (AK)
Young (FL)
NOT VOTING--5
Cardoza
Larson (CT)
Radanovich
Speier
Sullivan
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1311
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. LARSON of Connecticut. Madam Speaker, on rollcall No. 983, I was
unavoidably detained and unfortunately missed the vote. Had I been
present, I would have voted ``aye.''
____________________
RECOGNIZING 70TH ANNIVERSARY OF RETIREMENT OF JUSTICE LOUIS D. BRANDEIS
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 905,
on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules
and agree to the resolution, H. Res. 905.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 423,
nays 1, not voting 10, as follows:
[Roll No. 984]
YEAS--423
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
[[Page 32052]]
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (FL)
NAYS--1
Young (AK)
NOT VOTING--10
Boehner
Cardoza
Conyers
Kirk
Larson (CT)
McMahon
Pastor (AZ)
Radanovich
Rohrabacher
Speier
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1317
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. LARSON of Connecticut. Madam Speaker, on rollcall No. 984, I was
unavoidably detained and most unfortunately, missed the vote. Had I
been present, I would have voted ``yea.''
____________________
PERSONAL EXPLANATION
Mr. RADANOVICH. Madam Speaker, I was unable to make today's votes on
the House floor due to a family illness. Had I been present I would
have voted as follows:
``Nay'' on rollcall vote No. 982, on ordering the previous question
on the rule providing consideration for H.R. 3326, H.J. Res. 64, H.R.
4314, and H.R. 2847.
``No'' on rollcall vote No. 983, on the adoption of H. Res. 976, the
rule for consideration for H.R. 3326, H.J. Res. 64, H.R. 4314, and H.R.
2847.
``Yea'' on rollcall vote No. 984, on the motion to suspend the rules
and agree to H. Res. 905, recognizing the 70th anniversary of the
retirement of Justice Louis D. Brandeis from the United States Supreme
Court.
____________________
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
Mr. MURTHA. Madam Speaker, pursuant to House Resolution 976, I call
up the bill (H.R. 3326) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes, with a Senate amendment thereto, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2010, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
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 Army 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, $41,267,448,000.
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, $25,440,472,000.
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,
$12,883,790,000.
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, $26,378,761,000.
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,
$4,286,656,000.
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, $1,905,166,000.
[[Page 32053]]
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, $611,500,000.
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,
$1,584,712,000.
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, $7,535,088,000.
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, $2,923,599,000.
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, $30,667,886,000.
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 $14,657,000 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,
$34,773,497,000.
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, $5,435,923,000.
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, $33,739,447,000.
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, $28,205,050,000: Provided, That not
more than $50,000,000 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 $29,732,000 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 $6,667,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary 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.
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,
$2,582,624,000.
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,
$1,272,501,000.
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, $219,425,000.
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, $3,085,700,000.
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), $5,989,034,000.
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, $5,857,011,000.
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, $13,932,000, 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, $430,864,000, 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
[[Page 32054]]
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, $285,869,000, 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, $494,276,000, 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, $11,100,000, 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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $307,700,000, 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),
$109,869,000, to remain available until September 30, 2011.
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, $424,093,000, to remain
available until September 30, 2012: Provided, That of the
amounts provided under this heading, not less than
$15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport
and storage of nuclear warheads in the Russian Far East and
North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $100,000,000.
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,
$5,244,252,000, to remain available for obligation until
September 30, 2012.
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,
$1,257,053,000, to remain available for obligation until
September 30, 2012.
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, $2,310,007,000, to remain available for
obligation until September 30, 2012.
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,
$2,049,995,000, to remain available for obligation until
September 30, 2012.
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; and the purchase of eight vehicles required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to
exceed $250,000 per vehicle; 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
[[Page 32055]]
equipment layaway; and other expenses necessary for the
foregoing purposes, $9,395,444,000, to remain available for
obligation until September 30, 2012.
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, $18,079,312,000, to remain available
for obligation until September 30, 2012.
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,
$3,446,419,000, to remain available for obligation until
September 30, 2012.
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,
$814,015,000, to remain available for obligation until
September 30, 2012.
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, $739,269,000;
Carrier Replacement Program (AP), $484,432,000;
NSSN, $1,964,317,000;
NSSN (AP), $1,959,725,000;
CVN Refueling, $1,563,602,000;
CVN Refuelings (AP), $211,820,000;
DDG-1000 Program, $1,393,797,000;
DDG-51 Destroyer, $3,650,000,000;
DDG-51 Destroyer (AP), $328,996,000;
Littoral Combat Ship, $1,080,000,000;
LPD-17, $872,392,000;
LPD-17 (AP), $184,555,000;
LHA-R (AP), $170,000,000;
Intratheater Connector, $177,956,000;
LCAC Service Life Extension Program, $63,857,000;
Prior year shipbuilding costs, $144,950,000;
Service Craft, $3,694,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $391,238,000.
In all: $15,384,600,000, to remain available for obligation
until September 30, 2014: Provided, That additional
obligations may be incurred after September 30, 2014, for
engineering services, tests, evaluations, and other 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, and the purchase of
seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; 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, $5,499,413,000, to remain available
for obligation until September 30, 2012.
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,
$1,550,080,000, to remain available for obligation until
September 30, 2012.
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,
$13,148,720,000, to remain available for obligation until
September 30, 2012.
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,
$6,070,344,000, to remain available for obligation until
September 30, 2012.
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,
$815,246,000, to remain available for obligation until
September 30, 2012.
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, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000
per vehicle; 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, $17,283,800,000, to remain available for obligation
until September 30, 2012.
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, $4,017,697,000, to remain
available for obligation until September 30, 2012.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement
for the reserve components of the Armed Forces,
$1,500,000,000, to remain available for obligation until
September 30, 2012: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later
[[Page 32056]]
than 30 days after the enactment of this Act, individually
submit to the congressional defense committees the
modernization priority assessment for their respective
Reserve or National Guard component.
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),
$149,746,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,653,126,000, to remain
available for obligation until September 30, 2011.
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, $19,148,509,000, to remain
available for obligation until September 30, 2011: 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.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $28,049,015,000, to remain
available for obligation until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,408,968,000, to
remain available for obligation until September 30, 2011, of
which $2,500,000 shall be available only for the Missile
Defense Agency to construct a replacement Patriot launcher
pad for the Japanese Ministry of Defense.
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, $190,770,000, to remain available for obligation
until September 30, 2011.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,455,004,000.
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, $1,242,758,000, 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, $28,311,113,000; of which $26,990,219,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30,
2011, and of which up to $15,093,539,000 may be available for
contracts entered into under the TRICARE program; of which
$322,142,000, to remain available for obligation until
September 30, 2012, shall be for procurement; and of which
$998,752,000, to remain available for obligation until
September 30, 2011, shall be for research, development, test
and evaluation.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities,
in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile,
$1,539,869,000, of which $1,125,911,000 shall be for
operation and maintenance, of which no less than $84,839,000,
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $34,905,000 for activities on military
installations and $49,934,000, to remain available until
September 30, 2011, to assist State and local governments;
$12,689,000 shall be for procurement, to remain available
until September 30, 2012, of which no less than $12,689,000
shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and
$401,269,000, to remain available until September 30, 2011,
shall be for research, development, test and evaluation, of
which $398,669,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,103,086,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $288,100,000, of which
$287,100,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,000,000, to
remain available until September 30, 2012, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$290,900,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $750,812,000.
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
[[Page 32057]]
obligation during the current fiscal year shall be obligated
during the last 2 months of the fiscal year: Provided, That
this section shall not apply to obligations for support of
active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to June
30, 2010: 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: Provided further, That no
obligation of funds may be made pursuant to section 1206 of
Public Law 109-163 (or any successor provision) unless the
Secretary of Defense has notified the congressional defense
committees prior to any such obligation.
Sec. 8006. (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 2010: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8007. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and
additions to Alaskan range infrastructure and training areas,
and improved access to these ranges.
(transfer of funds)
Sec. 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 advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
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 2010, 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 2011 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 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 2011.
(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
more than 10 Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most
[[Page 32058]]
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 (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 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 manufactured will 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 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.
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 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 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. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 30 months after
initiation of such study for a multi-function activity.
Sec. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8024. (a) Of the funds made available in this Act, not
less than $25,756,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $22,433,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,426,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $897,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2010 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 2010,
not more than 5,600 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 1,100 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 2011 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.
[[Page 32059]]
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $120,200,000.
Sec. 8026. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8028. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2010. 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 title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8030. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, and Minnesota 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,
and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2011 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 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 2011 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2011: 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, 2011.
Sec. 8035. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8036. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to
[[Page 32060]]
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
(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:
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $110,230,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2009/2010'', $199,750,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $41,087,000;
``Other Procurement, Army, 2009/2011'', $138,239,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$628,900,000;
``Missile Procurement, Air Force, 2009/2011'',
$147,595,000;
``Other Procurement, Air Force, 2009/2011'', $5,000,000;
``Procurement, Defense-Wide, 2009/2011'', $5,200,000; and
``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
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 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 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--
(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. (a) In General.--Service as a member of the
Alaska Territorial Guard during World War II of any
individual who was honorably discharged therefrom under
section 8147 of the Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 705) shall be treated as
active service for purposes of the computation under chapter
61, 71, 371, 571, 871, or 1223 of title 10, United States
Code, as applicable, of the retired pay to which such
individual may be entitled under title 10, United States
Code.
(b) Applicability.--Subsection (a) shall apply with respect
to amounts of retired pay payable under title 10, United
States Code, for months beginning on or after the date of the
enactment of this Act. No retired pay shall be paid to any
individual by reason of subsection (a) for any period before
that date.
(c) World War II Defined.--In this section, the term
``World War II'' has the meaning given that term in section
101(8) of title 38, United States Code.
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
[[Page 32061]]
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 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 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 made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8060. 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. 8061. 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. 8062. 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. 8063. 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. 8064. 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. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8066. 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. 8067. 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.
Sec. 8068. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year may be used to
[[Page 32062]]
fund civil requirements associated with the satellite and
ground control segments of such system's modernization
program.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $106,754,000
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. 8070. 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 2010.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $202,434,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$80,092,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, $50,036,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $72,306,000 shall be for the Arrow Missile
Defense Program, of which $25,000,000 shall be for producing
Arrow missile components in the United States and Arrow
missile components in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available
under this provision for production of missiles and missile
components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with
and to be available for the same time period and the same
purposes as the appropriation to which transferred: Provided
further, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$144,950,000 shall be available until September 30, 2010, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer such 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,
2004/2010'':
New SSN, $26,906,000; and
LPD-17 Amphibious Transport Dock Program, $16,844,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2005/2010'':
New SSN, $18,702,000; and
LPD-17 Amphibious Transport Dock Program, $16,498,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'':
LPD-17 Amphibious Transport Dock Program, $66,000,000.
Sec. 8073. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8075. 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 2010 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.
Sec. 8076. 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. 8077. In addition to funds made available elsewhere
in this Act, $5,500,000 is hereby appropriated and shall
remain available until expended to provide assistance, by
grant or otherwise (such as the provision of funds for
information technology and textbook purchases, professional
development for educators, and student transition support) to
public schools in states that are considered overseas
assignments with unusually high concentrations of special
needs military dependents enrolled: Provided, That up to 2
percent of the total appropriated funds under this section
shall be available for the administration and execution of
the programs and/or events that promote the purpose of this
appropriation: Provided further, That up to 5 percent of the
total appropriated funds under this section shall be
available to public schools that have entered into a military
partnership: Provided further, That $1,000,000 shall be
available for a nonprofit trust fund to assist in the public-
private funding of public school repair and maintenance
projects: Provided further, That $500,000 shall be available
to fund an ongoing special education support program in
public schools with unusually high concentrations of active
duty military dependents enrolled: Provided further, That to
the extent a Federal agency provides this assistance by
contract, grant, or otherwise, it may accept and expend non-
Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose.
Sec. 8078. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $50,500,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $20,000,000 to the Edward
M. Kennedy Institute for the Senate; $5,500,000 to the U.S.S.
Missouri Memorial Association; and $25,000,000 to the
National World War II Museum.
Sec. 8079. The budget of the President for fiscal year
2011 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. 8080. 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.
Sec. 8081. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8082. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8083. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8084. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not
[[Page 32063]]
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 the transfer authority provided by this section is in
addition to any other transfer authority contained elsewhere
in this Act.
Sec. 8085. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available
to reimburse the Judgment Fund and shall be considered for
the same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8086. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8087. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8088. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8089. Up to $16,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8090. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2011.
Sec. 8091. 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 $194,000,000, the total amount appropriated
in title III of this Act is hereby reduced by $322,000,000,
the total amount appropriated in title IV of this Act is
hereby reduced by $336,000,000, and the total amount
appropriated in title V of this Act is hereby reduced by
$9,000,000: 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.
Sec. 8092. 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. 8093. Notwithstanding any other provision of law,
that 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. 8094. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40 Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3,
RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule
Profile.
Sec. 8095. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 8096. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2010:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8097. 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. 8098. 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. 8099. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Iraqi Freedom and Operation Enduring Freedom on a monthly
basis in the Cost of War Execution Report as prescribed in
the Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8100. The amounts appropriated in title II of this
Act are hereby reduced by $500,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8101. During the current fiscal year, not to exceed
$10,000,000 from each of the appropriations made in title III
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.
Sec. 8102. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8103. Funds appropriated by this Act for operation
and maintenance shall 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. 8104. (a) Report on Ground-Based Interceptor
Missiles.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency shall submit to the congressional defense committees a
report on the utilization of funds to maintain the production
line of Ground-Based Interceptor (GBI) missiles. The report
shall include a plan for the utilization of funds for Ground-
Based Interceptor missiles made available by this Act for the
Midcourse Defense Segment, including--
(1) the number of Ground-based Interceptor missiles
proposed to be produced during fiscal year 2010; and
(2) any plans for maintaining production of such missiles
and the subsystems and components of such missiles.
[[Page 32064]]
(b) Report on Ground-Based Midcourse Defense System.--Not
later than 120 days after the date of the enactment of this
Act, the Director of the Missile Defense Agency shall submit
to the congressional defense committees a report setting
forth the acquisition strategy for the Ground-Based Midcourse
Defense (GMD) system during fiscal years 2011 through 2016.
The report shall include a description of the plans of the
Missile Defense Agency for each of the following:
(1) To maintain the capability for production of Ground-
Based Interceptor missiles.
(2) To address modernization and obsolescence of the
Ground-Based Midcourse Defense system.
(3) To conduct a robust test program for the Ground-Based
Midcourse Defense system.
Sec. 8105. (a) High Priority National Guard Counterdrug
Programs.--Of the amount appropriated or otherwise made
available by title VI under the heading ``Drug Interdiction
and Counter-Drug Activities, Defense'', up to $30,000,000
shall be available for the purpose of High Priority National
Guard Counterdrug Programs.
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts made available by this
Act for that purpose.
apology to native peoples of the united states
Sec. 8106. (a) Acknowledgment and Apology.--The United
States, acting through Congress--
(1) recognizes the special legal and political relationship
Indian tribes have with the United States and the solemn
covenant with the land we share;
(2) commends and honors Native Peoples for the thousands of
years that they have stewarded and protected this land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking of
covenants by the Federal Government regarding Indian tribes;
(4) apologizes on behalf of the people of the United States
to all Native Peoples for the many instances of violence,
maltreatment, and neglect inflicted on Native Peoples by
citizens of the United States;
(5) expresses its regret for the ramifications of former
wrongs and its commitment to build on the positive
relationships of the past and present to move toward a
brighter future where all the people of this land live
reconciled as brothers and sisters, and harmoniously steward
and protect this land together;
(6) urges the President to acknowledge the wrongs of the
United States against Indian tribes in the history of the
United States in order to bring healing to this land; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located
in their boundaries and encourages all State governments
similarly to work toward reconciling relationships with
Indian tribes within their boundaries.
(b) Disclaimer.--Nothing in this section--
(1) authorizes or supports any claim against the United
States; or
(2) serves as a settlement of any claim against the United
States.
Sec. 8107. (a) Report on Use of Live Primates in Training
Relating to Chemical and Biological Agents.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth a detailed
description of the requirements for the use by the Department
of Defense of live primates at the United States Army Medical
Research Institute of Chemical Defense, and elsewhere, to
demonstrate the effects of chemical or biological agents or
chemical (such as physostigmine) or biological agent
simulants in training programs.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The number of live primates used in the training
described in subsection (a).
(2) The average lifespan of primates from the point of
introduction into such training programs.
(3) An explanation why the use of primates in such training
is more advantageous and realistic than the use of human
simulators or other alternatives.
(4) An estimate of the cost of converting from the use of
primates to human simulators in such training.
Sec. 8108. (a) Findings.--The Senate makes the following
findings:
(1) Real time intelligence, surveillance, and
reconnaissance (ISR) is critical to our warfighters in
fighting the ongoing wars in Iraq and Afghanistan.
(2) Secretary of Defense Gates and the military leadership
of the United States have highlighted the importance of
collecting and disseminating critical intelligence and
battlefield information to our troops on the ground in Iraq
and Afghanistan.
(3) The Chief of Staff of the Air Force, General Norton
Schwartz, has stated that the Air Force is ``all-in'' for the
joint fight.
(4) One of the most effective and heavily tasked
intelligence, surveillance, and reconnaissance assets
operating today is the Air Force's E-8C Joint Surveillance
Target Attack Radar System, also known as Joint STARS.
(5) Commanders in the field rely on Joint STARS to give
them a long range view of the battlefield and detect moving
targets in all weather conditions as well as tactical support
to Brigade Combat Teams, Joint Tactical Air Controllers and
Special Operations Forces convoy overwatch.
(6) Joint STARS is a joint platform, flown by a mix of
active duty Air Force and Air National Guard personnel and
operated by a joint Army, Air Force, and Marine crew,
supporting missions for all the Armed Forces.
(7) With a limited number of airframes, Joint STARS has
flown over 55,000 combat hours and 900 sorties over Iraq and
Afghanistan and directly contributed to the discovery of
hundreds of Improvised Explosive Devices.
(8) The current engines greatly limit the performance of
Joint STARS aircraft and are the highest cause of maintenance
problems and mission aborts.
(9) There is no other current or programmed aircraft or
weapon system that can provide the detailed, broad-area
ground moving target indicator (GMTI) and airborne battle
management support for the warfighter that Joint STARS
provides.
(10) With the significant operational savings that new
engines will bring to the Joint STARS, re-engining Joint
STARS will pay for itself by 2017 due to reduced operations,
sustainment, and fuel costs.
(11) In December 2002, a JSTARS re-engining study
determined that re-engining provided significant benefits and
cost savings. However, delays in executing the re-engining
program continue to result in increased costs for the re-
engining effort.
(12) The budget request for the Department of Defense for
fiscal year 2010 included $205,000,000 in Aircraft
Procurement, Air Force, and $16,000,000 in Research,
Development, Test, and Evaluation, Air Force for Joint STARS
re-engining.
(13) On September 22, 2009, the Department of Defense re-
affirmed their support for the President's Budget request for
Joint STARS re-engining.
(14) On September 30, 2009, the Undersecretary of Defense
(Acquisition, Technology, and Logistics) signed an
Acquisition Decision Memorandum directing that the Air Force
proceed with the Joint STARS re-engining effort, to include
expenditure of procurement and research, development, test,
and evaluation funds.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) Funds for re-engining of the E-8C Joint Surveillance
Target Attack Radar System (Joint STARS) should be
appropriated in the correct appropriations accounts and in
the amounts required in fiscal year 2010 to execute the Joint
STARS Re-Engining System Design and Development Program; and
(2) the Air Force should proceed with currently planned
efforts to re-engine Joint STARS aircraft, to include
expending both procurement and research, development, test,
and evaluation funds.
Sec. 8109. (a) Notwithstanding any other provision of this
Act and except as provided in subsection (b), any report
required to be submitted by a Federal agency or department to
the Committee on Appropriations of either the Senate or the
House of Representatives in this Act shall be posted on the
public website of that agency upon receipt by the committee.
(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.
Sec. 8110. (a) The Secretary of Defense shall conduct a
study on defense contracting fraud and submit a report
containing the findings of such study to the congressional
defense committees.
(b) The report required under subsection (a) shall
include--
(1) an assessment of the total value of Department of
Defense contracts entered into to with contractors that have
been indicted for, settled charges of, been fined by any
Federal department or agency for, or been convicted of fraud
in connection with any contract or other transaction entered
into with the Federal Government; and
(2) recommendations by the Inspector General of the
Department of Defense or other appropriate Department of
Defense official regarding how to penalize contractors
repeatedly involved in fraud in connection with contracts or
other transactions entered into with the Federal Government.
Sec. 8111. Of the amount appropriated or otherwise made
available by title IV under the heading ``Research,
Development, Test, and Evaluation, Army'', $12,000,000 shall
be available for the peer-reviewed Gulf War Illness Research
Program of the Army run by Congressionally Directed Medical
Research Programs.
Sec. 8112. (a) It is the sense of Congress that--
(1) All of the National Nuclear Security Administration
sites, including the Nevada Test Site can play an effective
and essential role in developing and demonstrating--
(A) innovative and effective methods for treaty
verification and the detection of nuclear weapons and other
materials; and
(B) related threat reduction technologies; and
(2) the Administrator for Nuclear Security should expand
the mission of the Nevada Test Site to carry out the role
described in paragraph (1), including by--
(A) fully utilizing the inherent capabilities and uniquely
secure location of the Site;
(B) continuing to support the Nation's nuclear weapons
program and other national security programs; and
[[Page 32065]]
(C) renaming the Site to reflect the expanded mission of
the Site.
(b) Not later than one year after the date of the enactment
of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees a plan for
improving the infrastructure of the Nevada Test Site of the
National Nuclear Security Administration and, if the
Administrator deems appropriate, all other sites under the
jurisdiction of the National Nuclear Security
Administration--
(1) to fulfill the expanded mission of the Site described
in subsection (a); and
(2) to make the Site available to support the threat
reduction programs of the entire national security community,
including threat reduction programs of the National Nuclear
Security Administration, the Defense Threat Reduction Agency,
the Department of Homeland Security, and other agencies as
appropriate.
Sec. 8113. Of the amounts appropriated or otherwise made
available by title II under the heading ``Operation and
Maintenance, Defense-Wide'' and available for the Office of
the Secretary of Defense, up to $250,000 may be available to
the Under Secretary of Defense for Policy for the
declassification of the nuclear posture review conducted
under section 1041 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-262) upon the release
of the nuclear posture review to succeed such nuclear posture
review.
Sec. 8114. Of the amount appropriated or otherwise made
available by title II under the heading ``Operation and
Maintenance, Defense-Wide'', up to $15,000,000 may be
available for the implementation by the Department of Defense
of the responsibilities of the Department under the Military
and Overseas Voter Empowerment Act and the amendments made by
that Act.
Sec. 8115. None of the funds appropriated or otherwise
made available by this Act may be used to dispose of claims
filed regarding water contamination at Camp Lejeune, North
Carolina, until the Agency for Toxic Substances and Disease
Registry (ATSDR) fully completes all current, ongoing
epidemiological and water modeling studies pending as of the
date of the enactment of this Act.
Sec. 8116. (a) Limitation on Availability of Funds for
Execution of Contracts Under LOGCAP.--No later than 90 days
after enactment of this Act none of the funds appropriated or
otherwise made available by this Act may be obligated or
expended for the execution of a contract under the Logistics
Civil Augmentation Program (LOGCAP) unless the Secretary of
the Army determines that the contract explicitly requires the
contractor--
(1) to inspect and immediately correct deficiencies that
present an imminent threat of death or serious bodily injury
so as to ensure compliance with generally accepted electrical
standards as determined by the Secretary of Defense in work
under the contract;
(2) monitor and immediately correct deficiencies in the
quality of any potable or non-potable water provided under
the contract to ensure that safe and sanitary water is
provided; and
(3) establish and enforce strict standards for preventing,
and immediately addressing and cooperating with the
prosecution of, any instances of sexual assault in all of its
operations and the operations of its subcontractors.
(b) Waiver.--The Secretary of the Army may waive the
applicability of the limitation in subsection (a) to any
contract if the Secretary certifies in writing to Congress
that--
(1) the waiver is necessary for the provision of essential
services or critical operating facilities for operational
missions; or
(2) the work under such contract does not present an
imminent threat of death or serious bodily injury.
Sec. 8117. None of the funds appropriated or otherwise
made available by this Act may be used by the Secretary of
the Army to transfer by sale, lease, loan, or donation
government-owned ammunition production equipment or
facilities to a private ammunition manufacturer until 60 days
after the Secretary submits a certification to the
congressional defense committees that the transfer will not
increase the cost of ammunition procurement or negatively
impact national security, military readiness, government
ammunition production or the United States ammunition
production industrial base. The certification shall include
the Secretary of the Army's assessment of the following:
(1) A cost-benefit risk analysis for converting government-
owned ammunition production equipment or facilities to
private ammunition manufacturers, including cost-savings
comparisons.
(2) A projection of the impact on the ammunition production
industrial base in the United States of converting such
equipment or facilities to private ammunition manufacturers.
(3) A projection of the capability to meet current and
future ammunition production requirements by both government-
owned and private ammunition manufacturers, as well as a
combination of the two sources of production assets.
(4) Potential impact on national security and military
readiness.
Sec. 8118. (a) None of the funds appropriated or otherwise
made available by this Act may be used for any existing or
new Federal contract if the contractor or a subcontractor at
any tier requires that an employee or independent contractor,
as a condition of employment, sign a contract that mandates
that the employee or independent contractor performing work
under the contract or subcontract 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) The prohibition in subsection (a) does not apply with
respect to employment contracts that may not be enforced in a
court of the United States.
Sec. 8119. (a) Limitation on Early Retirement of Tactical
Aircraft.--The Secretary of the Air Force may not retire any
tactical aircraft as announced in the Combat Air Forces
structuring plan announced on May 18, 2009, until the
Secretary submits to the congressional defense committees the
report described in subsection (b).
(b) Report.--The report described in this subsection is a
report that sets forth the following:
(1) A detailed plan for how the Secretary of the Air Force
will fill the force structure and capability gaps resulting
from the retirement of tactical aircraft under the
structuring plan described in subsection (a).
(2) A description of the follow-on missions for each base
affected by the structuring plan.
(3) An explanation of the criteria used for selecting the
bases referred to in paragraph (2) and for the selection of
tactical aircraft for retirement under the structuring plan.
(4) A plan for the reassignment of the regular and reserve
Air Force personnel affected by the retirement of tactical
aircraft under the structuring plan.
(5) An estimate of the cost avoidance to be achieved by the
retirement of such tactical aircraft, and a description how
such funds would be invested under the period covered by the
most current future-years defense program.
Sec. 8120. (a) Nature of Full and Open Competition for
Congressionally Directed Spending Items.--Each
congressionally directed spending item specified in this Act
or the report accompanying this Act that is intended for
award to a for-profit entity shall be subject to acquisition
regulations for full and open competition on the same basis
as each spending item intended for a for-profit entity that
is contained in the budget request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)).
(c) Congressionally Directed Spending Item Defined.--In
this section, the term ``congressionally directed spending
item'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of the
House of Representatives.
Sec. 8121. (a) Funding for Two-stage Ground-based
Interceptor Missile.--Of the amounts appropriated or
otherwise made available by this Act for a long-range missile
defense system in Europe, or appropriated or otherwise made
available for the Department of Defense for a long-range
missile defense system in Europe from the Consolidated
Security Disaster Assistance, and Continuing Appropriations
Act of 2009 (Public Law 110-329) and available for
obligation, no less than $50,000,000, and up to $151,000,000
shall be available for research, development, test, and
evaluation of the two-stage ground-based interceptor missile.
(b) Prohibition on Diversion of Funds.--Funds appropriated
or otherwise made available by this Act for the Missile
Defense Agency for the purpose of research, development, and
testing of the two-stage ground based interceptor missile
shall be utilized solely for that purpose, and may not be
reprogrammed or otherwise utilized for any other purpose.
(c) Report.--Not later than February 1, 2010, the Director
of the Missile Defense Agency shall submit to the
congressional defense committees a report setting forth the
following:
(1) A comprehensive plan for the continued development and
testing of the two-stage ground-based interceptor missile,
including a description how the Missile Defense Agency will
leverage the development and testing of such missile to
modernize the Ground-based Midcourse Defense component of the
ballistic missile defense system.
(2) Options for deploying an additional Ground-based
Midcourse Defense site in Europe or the United States to
provide enhanced defense in response to future long-range
missile threats from Iran, and a description of how such a
site may be made interoperable with the planned missile
defense architecture for Europe and the United States.
Sec. 8122. (a) Amount for Evaluations of Certain Laser
Systems.--Of the amount appropriated or otherwise made
available by title IV under the heading ``Research,
Development, Test and Evaluation, Air Force'' and available
for Advanced Weapons Technology (PE# 0603605F), up to
$5,000,000 may be available to carry out the evaluations and
analyses required by subsection (b).
(b) Evaluations and Analyses of Certain Laser Systems.--The
Secretary of Defense shall, in a manner consistent with the
October 8, 2008, report of the Air Force Scientific Advisory
Board entitled ``Airborne Tactical Laser (ATL) Feasibility
for Gunship Operations''--
[[Page 32066]]
(1) carry out additional enhanced user evaluations of the
Advanced Tactical Laser system on a variety of instrumented
targets; and
(2) enter into an agreement with a federally funded
research and development center under which the center
shall--
(A) conduct an analysis of the feasibility of integrating
solid state laser systems onto C-130, B-1, and F-35 aircraft
platforms to provide close air support; and
(B) estimate the cost per unit of such laser systems and
the cost of operating and maintaining each such platform with
such laser systems.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,597,340,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,175,601,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $670,722,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,445,376,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$293,637,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$37,040,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $31,337,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $19,822,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $824,966,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $9,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $51,928,167,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,899,597,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,775,270,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $9,929,868,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,550,900,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom; and
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access
provided to United States military operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That these funds may be used
for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military operations in Iraq and Afghanistan, and 15
days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $234,898,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $68,059,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $86,667,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $125,925,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $450,246,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $289,862,000.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$6,562,769,000, to remain available until September 30, 2011:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,119,319,000, to remain available until September
30, 2012.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$475,954,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $875,866,000, to remain
available until September 30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $365,635,000, to remain available until September 30,
2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$4,874,176,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $1,342,577,000, to remain available until September
30, 2012.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$50,700,000, to remain available until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $681,957,000, to remain available
until September 30, 2012.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$260,118,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$868,197,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $736,501,000, to remain available until September
30, 2012.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $36,625,000, to remain available until September 30,
2012.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $256,819,000, to remain available until
September 30, 2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,138,021,000, to remain available until September
30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$480,780,000, to remain available until September 30, 2012.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$6,656,000,000, to remain available until September 30, 2011:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary
shall transfer
[[Page 32067]]
such funds only 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 this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $57,962,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $84,180,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $39,286,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $112,196,000, to remain
available until September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $412,215,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,563,675,000, which shall be for operation and maintenance.
Drug Interdiction and Counter-drug Activities
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities'', $353,603,000, to remain available
until September 30, 2011.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,033,560,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the 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 within 60 days of the enactment of
this Act, a plan for the intended management and use of the
amounts provided under this heading shall be submitted to the
congressional defense committees: 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 this 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 an additional amount for the ``Office of the Inspector
General'', $8,876,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2010: Provided further, That the
amount in this section is designated as being for overseas
deployments and other activities pursuant to sections
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light armored vehicles
for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $1,200,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility: Provided, That not later than 15 days after
the end of each fiscal year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant
to the authority provided in this section or under any other
provision of law for the purposes described herein.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Iraq and Afghanistan: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 9007. Each amount in this title is designated as
being for overseas deployments and other activities pursuant
to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9008. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. (a) The Director of the Office of Management and
Budget, in consultation with the Secretary of Defense; the
Commander of the United States Central Command; the
Commander, Multi-National Security Transition Command--Iraq;
and the Commander, Combined Security Transition Command--
Afghanistan, shall submit to the congressional defense
committees not later than 45 days after the end of each
fiscal quarter a report on the proposed use of all funds
appropriated by this or any prior Act under each of the
headings ``Iraq Security Forces Fund'', ``Afghanistan
Security Forces Fund'', and ``Pakistan Counterinsurgency
Fund'' on a project-by-project basis, for which the
obligation of funds is anticipated during the 3-month period
from such date, including estimates by the commanders
referred to in this section of the costs required to complete
each such project.
(b) The report required by this subsection shall include
the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in subsection (a) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
(c) The Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfers
of funds between
[[Page 32068]]
sub-activity groups in excess of $20,000,000 using funds
appropriated by this or any prior Act under the headings
``Iraq Security Forces Fund'', ``Afghanistan Security Forces
Fund'', and ``Pakistan Counterinsurgency Fund''.
Sec. 9010. (a) None of the funds appropriated or otherwise
made available by this Act or any prior Act may be used to
transfer, release, or incarcerate any individual who was
detained as of October 1, 2009, at Naval Station, Guantanamo
Bay, Cuba, to or within the United States or its territories.
(b) In this section, the term ``United States'' means the
several States and the District of Columbia.
Sec. 9011. In addition to amounts made available elsewhere
in this title there is hereby appropriated $329,000,000 for
the purchase of fuel to the following accounts in the
specified amounts:
``Operation and Maintenance, Army'', $83,552,000;
``Operation and Maintenance, Navy'', $33,889,000;
``Operation and Maintenance, Marine Corps'', $1,619,000;
``Operation and Maintenance, Air Force'', $179,191,000;
``Operation and Maintenance, Army Reserve'', $8,567,000;
``Operation and Maintenance, Navy Reserve'', $3,007,000;
``Operation and Maintenance, Marine Corps Reserve'',
$39,000; and
``Operation and Maintenance, Army National Guard'',
$19,136,000.
Sec. 9012. 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.
Sec. 9013. The Secretary of Defense may, in consultation
with the Secretary of State and the Administrator of the
United States Agency for International Development, continue
to support requirements for monthly integrated civilian-
military training for civilians deploying to Afghanistan at
Camp Atterbury, Indiana, including through the allocation of
military and civilian personnel, trainers, and other
resources for that purpose.
Sec. 9014. (a) Hearings on Strategy and Resources With
Respect to Afghanistan and Pakistan.--Appropriate committees
of Congress shall hold hearings, in open and closed session,
relating to the strategy and resources of the United States
with respect to Afghanistan and Pakistan promptly after the
decision by the President on those matters is announced.
(b) Testimony.--The hearings described in subsection (a)
should include testimony from senior civilian and military
officials of the United States, including, but not limited
to, the following:
(1) The Secretary of Defense.
(2) The Secretary of State
(3) The Chairman of the Joint Chiefs of Staff.
(4) The Commander of the United States Central Command.
(5) The Commander of the United States European Command and
Supreme Allied Commander, Europe.
(6) The Commander of United States Forces-Afghanistan.
(7) The United States Ambassador to Afghanistan.
(8) The United States Ambassador to Pakistan.
Sec. 9015. (a) Funding for Outreach and Reintegration
Services Under Yellow Ribbon Reintegration Program.--Of the
amounts appropriated or otherwise made available by title IX.
$20,000,000 shall be available for outreach and reintegration
services under the Yellow Ribbon Reintegration Program under
section 582(h) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 125; 10
U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection
is in addition to any other amounts available in this Act for
such services.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2010''.
Motion Offered by Mr. Murtha
Mr. MURTHA. Madam Speaker, I offer the motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Murtha moves that the House concur in the amendment of
the Senate with the amendment printed in House Report 111-
380.
The SPEAKER pro tempore. The House amendment to the Senate amendment
to the bill H.R. 3326 contains an emergency designation for the
purposes of pay-as-you-go principles.
Accordingly, the Chair must put the question of consideration under
clause 10(c)(3) of rule XXI.
The question is, Will the House now consider the motion to concur in
the Senate amendment with an amendment?
The question of consideration was decided in the affirmative.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 976, the
amendment printed in part A of House Report 111-380 and the motion
shall be considered as read.
The text of the amendment is as follows:
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION B--OTHER MATTERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2010, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
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 Army 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, $41,005,612,000.
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, $25,289,049,000.
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,
$12,799,990,000.
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, $26,174,136,000.
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
[[Page 32069]]
16131 of title 10, United States Code; and for payments to
the Department of Defense Military Retirement Fund,
$4,304,713,000.
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, $1,909,301,000.
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, $613,500,000.
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,
$1,589,412,000.
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, $7,546,905,000.
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, $2,938,229,000.
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, $30,934,550,000.
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 $14,657,000 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,
$34,714,396,000.
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, $5,539,117,000.
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, $33,477,116,000.
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, $28,115,793,000: Provided, That not
more than $50,000,000 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 $29,732,000 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 $6,667,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary 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.
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,
$2,617,496,000.
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,
$1,273,701,000.
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, $223,175,000.
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, $3,131,200,000.
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), $6,189,713,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and
[[Page 32070]]
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, $5,882,251,000.
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, $13,932,000, 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, $423,364,000, 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, $285,869,000, 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, $494,276,000, 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, $11,100,000, 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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $292,700,000, 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),
$109,869,000, to remain available until September 30, 2011.
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, $424,093,000, to remain
available until September 30, 2012: Provided, That of the
amounts provided under this heading, not less than
$15,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport
and storage of nuclear warheads in the Russian Far East and
North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $100,000,000.
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,
$5,093,822,000, to remain available for obligation until
September 30, 2012.
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,
$1,251,053,000, to remain available for obligation until
September 30, 2012.
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-
[[Page 32071]]
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,335,807,000, to remain available for
obligation until September 30, 2012.
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,
$2,056,115,000, to remain available for obligation until
September 30, 2012.
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; and the purchase of eight vehicles required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to
exceed $250,000 per vehicle; 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,
$8,582,660,000, to remain available for obligation until
September 30, 2012.
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, $18,643,221,000, to remain available
for obligation until September 30, 2012.
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,
$3,357,572,000, to remain available for obligation until
September 30, 2012.
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,
$800,651,000, to remain available for obligation until
September 30, 2012.
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, $739,269,000;
Carrier Replacement Program (AP), $484,432,000;
NSSN, $1,964,317,000;
NSSN (AP), $1,959,725,000;
CVN Refueling, $1,563,602,000;
CVN Refuelings (AP), $211,820,000;
DDG-1000 Program, $1,382,797,000;
DDG-51 Destroyer, $1,912,267,000;
DDG-51 Destroyer (AP), $578,996,000;
Littoral Combat Ship, $1,080,000,000;
LPD-17, $872,392,000;
LPD-17 (AP), $184,555,000;
LHA-R (AP), $170,000,000;
Intratheater Connector, $177,956,000;
LCAC Service Life Extension Program, $63,857,000;
Prior year shipbuilding costs, $144,950,000;
Service Craft, $3,694,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $386,903,000.
In all: $13,881,532,000, to remain available for obligation
until September 30, 2014: Provided, That additional
obligations may be incurred after September 30, 2014, for
engineering services, tests, evaluations, and other 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, and the purchase of
seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; 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, $5,441,234,000, to remain available
for obligation until September 30, 2012.
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,
$1,521,505,000, to remain available for obligation until
September 30, 2012.
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,
$13,295,474,000, to remain available for obligation until
September 30, 2012; Provided, That none of the funds provided
in this Act for modification of C-17 aircraft may be
obligated until all C-17 contracts funded with prior year
``Aircraft Procurement, Air Force'' appropriated funds are
definitized unless the Secretary of the Air Force certifies
in writing to the congressional defense committees that each
such obligation is necessary to meet the needs of a
warfighting requirement or prevents increased costs to the
taxpayer and provides the reasons for failing to definitize
the prior year contracts along with the prospective contract
definitization schedule.
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,
$5,995,544,000, to remain available for obligation until
September 30, 2012.
[[Page 32072]]
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,
$801,550,000, to remain available for obligation until
September 30, 2012.
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, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000
per vehicle; 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, $17,138,239,000, to remain available for obligation
until September 30, 2012.
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, $4,050,537,000, to remain
available for obligation until September 30, 2012.
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),
$150,746,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $11,474,180,000, to remain
available for obligation until September 30, 2011.
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, $20,003,463,000, to remain
available for obligation until September 30, 2011: 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.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $28,121,985,000, to remain
available for obligation until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,747,081,000, to
remain available for obligation until September 30, 2011, of
which $2,500,000 shall be available only for the Missile
Defense Agency to construct a replacement Patriot launcher
pad for the Japanese Ministry of Defense.
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, $190,770,000, to remain available for obligation
until September 30, 2011.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,455,004,000.
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, $1,672,758,000, 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, $29,243,428,000; of which $27,596,689,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30,
2011, and of which up to $15,093,539,000 may be available for
contracts entered into under the TRICARE program; of which
$366,692,000, to remain available for obligation until
September 30, 2012, shall be for procurement; and of which
$1,280,047,000, to remain available for obligation until
September 30, 2011, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities,
in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile,
$1,560,760,000, of which $1,146,802,000 shall be for
operation and maintenance, of which no less than $84,839,000,
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $34,905,000 for activities on military
installations and $49,934,000, to remain available until
September 30, 2011, to assist State and local governments;
$12,689,000 shall be for procurement, to remain available
until September 30, 2012, of which no less than $12,689,000
shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and
$401,269,000, to remain available until September 30, 2011,
shall be for research, development, test and evaluation, of
which $398,669,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving
[[Page 32073]]
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, $1,158,226,000:
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.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$121,550,000 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 within 60 days of the enactment of this Act, a plan for
the intended management and use of the amounts provided under
this heading shall be submitted to the congressional defense
committees: 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, $288,100,000, of which
$287,100,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,000,000, to
remain available until September 30, 2012, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$290,900,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $707,912,000.
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.
(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, 2010: 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: Provided further,
That no obligation of funds may be made pursuant to section
1206 of Public Law 109-163 (or any successor provision)
unless the Secretary of Defense has notified the
congressional defense committees prior to any such
obligation.
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 2010: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility
[[Page 32074]]
conversions and phased repair projects which may include
upgrades and additions to Alaskan range infrastructure and
training areas, and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
report within 30 days of enactment of this Act that certifies
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 identified in
that report for production beyond advance procurement
activities in the fiscal year 2010 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:
F-18 aircraft variants.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2010, 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 2011 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 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 2011.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 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 (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that
[[Page 32075]]
may be established by statute, regulation, or policy and is
deemed to be awarded under the authority of, and in
compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of
commercial activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds the period permitted by section 322 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84).
Sec. 8024. 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. 8025. (a) Of the funds made available in this Act, not
less than $33,756,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $26,433,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $6,426,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $897,000 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. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2010 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 2010,
not more than 5,600 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 1,100 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 2011 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 $125,200,000.
Sec. 8027. 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. 8028. 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. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair
[[Page 32076]]
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. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2010. 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 title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. 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. 8032. (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, and Minnesota 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,
and Minnesota.
(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. 8033. 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. 8034. (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 2011 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 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 2011 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. 8035. 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, 2011: 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, 2011.
Sec. 8036. 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. 8037. 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. 8038. (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 title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(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. 8039. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8040. (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
[[Page 32077]]
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.
Sec. 8041. 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. 8042. 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:
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $20,000,000;
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $98,430,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2009/2010'', $154,457,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $41,087,000;
``Other Procurement, Army, 2009/2011'', $138,239,000;
``Other Procurement, Navy, 2009/2011'', $84,844,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$628,900,000;
``Missile Procurement, Air Force, 2009/2011'', $60,000,000;
``Other Procurement, Air Force, 2009/2011'', $10,900,000;
``Procurement, Defense-Wide, 2009/2011'', $5,200,000; and
``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
Sec. 8043. 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. 8044. 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. 8045. 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. 8046. 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. 8047. (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. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8049. 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. 8050. 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. 8051. (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. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. 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. 8054. 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
[[Page 32078]]
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. 8055. (a) In General.--Service as a member of the
Alaska Territorial Guard during World War II of any
individual who was honorably discharged therefrom under
section 8147 of the Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 705) shall be treated as
active service for purposes of the computation under chapter
61, 71, 371, 571, 871, or 1223 of title 10, United States
Code, as applicable, of the retired pay to which such
individual may be entitled under title 10, United States
Code.
(b) Applicability.--Subsection (a) shall apply with respect
to amounts of retired pay payable under title 10, United
States Code, for months beginning on or after the date of the
enactment of this Act. No retired pay shall be paid to any
individual by reason of subsection (a) for any period before
that date.
(c) World War II Defined.--In this section, the term
``World War II'' has the meaning given that term in section
101(8) of title 38, United States Code.
Sec. 8056. (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. 8057. 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 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. 8058. 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. 8059. 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. 8060. (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. 8061. (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 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. 8062. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8063. 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. 8064. 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. 8065. 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. 8066. 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. 8067. 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. 8068. 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
[[Page 32079]]
nomenclature designation of ``armor penetrator'', ``armor
piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an
entity performing demilitarization services for the
Department of Defense under a contract that requires the
entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process;
or (2) used to manufacture ammunition pursuant to a contract
with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8069. 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. 8070. 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.
Sec. 8071. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year may be used to fund civil requirements associated with
the satellite and ground control segments of such system's
modernization program.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $106,754,000
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. 8073. 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 2010.
Sec. 8074. In addition to amounts provided elsewhere in
this Act, $3,750,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8075. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $202,434,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$80,092,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, $50,036,000
shall be available for an upper-tier component to the Israeli
Missile Defense Architecture, and $72,306,000 shall be for
the Arrow Missile Defense Program, of which $25,000,000 shall
be for producing Arrow missile components in the United
States and Arrow missile components in Israel to meet
Israel's defense requirements, consistent with each nation's
laws, regulations and procedures: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8076. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$144,950,000 shall be available until September 30, 2010, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer such 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,
2004/2010'':
New SSN, $26,906,000; and
LPD-17 Amphibious Transport Dock Program, $16,844,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2005/2010'':
New SSN, $18,702,000; and
LPD-17 Amphibious Transport Dock Program, $16,498,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'':
LPD-17 Amphibious Transport Dock Program, $66,000,000.
Sec. 8077. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8078. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8079. 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 2010 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.
Sec. 8080. 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. 8081. In addition to funds made available elsewhere
in this Act, $5,500,000 is hereby appropriated and shall
remain available until expended to provide assistance, by
grant or otherwise (such as the provision of funds for
information technology and textbook purchases, professional
development for educators, and student transition support) to
public schools in states that are considered overseas
assignments with unusually high concentrations of special
needs military dependents enrolled: Provided, That up to 2
percent of the total appropriated funds under this section
shall be available for the administration and execution of
the programs and/or events that promote the purpose of this
appropriation: Provided further, That up to 5 percent of the
total appropriated funds under this section shall be
available to public schools that have entered into a military
partnership: Provided further, That $1,000,000 shall be
available for a nonprofit trust fund to assist in the public-
private funding of public school repair and maintenance
projects: Provided further, That $500,000 shall be available
to fund an ongoing special education support program in
public schools with unusually high concentrations of active
duty military dependents enrolled: Provided further, That to
the extent a Federal agency provides this assistance by
contract, grant,
[[Page 32080]]
or otherwise, it may accept and expend non-Federal funds in
combination with these Federal funds to provide assistance
for the authorized purpose.
Sec. 8082. (a) In addition to the amounts provided
elsewhere in this Act, $3,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Army National Guard''. Such amount shall be made available to
the Secretary of the Army only to make a grant in the amount
of $3,000,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management cooperation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
Sec. 8083. The budget of the President for fiscal year
2011 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. 8084. 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.
Sec. 8085. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $110,640,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $15,000,000 to the United
Service Organizations; $22,500,000 to the Red Cross;
$6,000,000 to the SOAR Virtual School District; $5,000,000 to
The Presidio Heritage Center; $5,000,000 to the Paralympics
Military Program; $3,840,000 to the Arrest Deterioration of
Ford Island Aviation Control Tower, Pearl Harbor, Hawaii;
$1,500,000 to the Go For Broke program; $800,000 to Our
Military Kids; $3,000,000 to the New Jersey Technology
Center; $1,600,000 to the Women in Military Service for
America Memorial; $500,000 to the Marshall Legacy Institute;
$1,000,000 to the Vietnam Veterans Memorial Fund for Demining
Activities; $18,900,000 to the Edward M. Kennedy Institute
for the Senate; $5,000,000 to the U.S.S. Missouri Memorial
Association; $20,000,000 to the National World War II Museum;
and $1,000,000 for the Riverside General Hospital in Houston,
Texas, for the treatment of psychological health issues.
Sec. 8086. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8087. 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. 8088. (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. 8089. 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 the transfer
authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8090. For purposes of section 612 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. 8091. (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. 8092. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8093. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8094. Up to $16,000,000 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. 8095. 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, 2011.
Sec. 8096. 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. 8097. 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 $194,000,000, the total amount appropriated
in title III of this Act is hereby reduced by $322,000,000,
the total amount appropriated in title IV of this Act is
hereby reduced by $336,000,000, and the total amount
appropriated in title V of this Act is hereby reduced by
$9,000,000: 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.
Sec. 8098. Notwithstanding any other provision of law,
that 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. 8099. The Secretary of Defense shall create a major
force program category for space for the Future Years Defense
Program of the Department of Defense. The Secretary of
Defense shall designate an official in the
[[Page 32081]]
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. 8100. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3,
RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule
Profile.
Sec. 8101. Notwithstanding any other provision of law,
none of the funds made available in this Act may be used to
pay negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into
by the Department of Defense and an entity in excess of 35
percent of the total cost of the contract, grant, or
agreement (or similar arrangement): Provided, That this
limitation shall apply only to contracts, grants, or
cooperative agreements entered into after the date of
enactment of this Act using funds made available in this Act
for basic research.
Sec. 8102. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defense
a direct link to the Internet website of the Office of
Inspector General of the Department of Defense.
Sec. 8103. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2010:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8104. 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. 8105. 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. 8106. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Iraqi Freedom and Operation Enduring Freedom on a monthly
basis in the Cost of War Execution Report as prescribed in
the Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8107. The amounts appropriated in title II of this
Act are hereby reduced by $400,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'', $150,000,000;
and
(2) From ``Operation and Maintenance, Air Force'',
$250,000,000.
(including transfer of funds)
Sec. 8108. (a) Continuation of Stop-Loss Special Pay.--
Funds appropriated by this Act, or made available by the
transfer of funds in this Act, shall be made available to the
Secretaries of the military departments only to provide
special pay during fiscal year 2010 to members of the Army,
Navy, Air Force, and Marine Corps, including members of their
reserve components, who, at any time during fiscal year 2010,
serve on active duty while the members' enlistment or period
of obligated service is extended, or whose eligibility for
retirement is suspended, pursuant to section 123 or 12305 of
title 10, United States Code, or any other provision of law
(commonly referred to as a ``stop-loss authority'')
authorizing the President to extend an enlistment or period
of obligated service, or suspend an eligibility for
retirement, of a member of the uniformed services in time of
war or of national emergency declared by Congress or the
President.
(b) Special Pay Amount.--The amount of the special pay paid
under subsection (a) to or on behalf of an eligible member
shall be $500 per month for each month or portion of a month
during fiscal year 2010 that the member is retained on active
duty as a result of application of the stop-loss authority.
(c) Treatment of Deceased Members.--If an eligible member
described in subsection (a) dies before the payment required
by this section is made, the Secretary of the military
department concerned shall make the payment in accordance
with section 2771 of title 10, United States Code.
(d) Clarification of Retroactive Stop-Loss Special Pay
Authority.--Section 310 of the Supplemental Appropriations
Act, 2009 (Public Law 111-32; 123 Stat. 1870) is amended by
adding at the end the following new subsection:
``(i) Effect of Subsequent Reenlistment of Voluntary
Extension of Service.--Members of the Armed Forces, retired
members, and former members otherwise described in subsection
(a) are not eligible for a payment under this section if the
members--
``(1) voluntarily reenlisted or extended their service
after their enlistment or period of obligated service was
extended, or after their eligibility for retirement was
suspended, pursuant to a stop-loss authority; and
``(2) received a bonus for such reenlistment or extension
of service.''.
(including transfer of funds)
Sec. 8109. 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. 8110. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8111. 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. 8112. (a) High Priority National Guard Counterdrug
Programs.--Of the amount appropriated or otherwise made
available by title VI under the heading ``Drug Interdiction
and Counter-Drug Activities, Defense'', up to $15,000,000
shall be available for the purpose of High Priority National
Guard Counterdrug Programs.
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts made available by this
Act for that purpose.
apology to native peoples of the united states
Sec. 8113. (a) Acknowledgment and Apology.--The United
States, acting through Congress--
(1) recognizes the special legal and political relationship
Indian tribes have with the United States and the solemn
covenant with the land we share;
(2) commends and honors Native Peoples for the thousands of
years that they have stewarded and protected this land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking of
covenants by the Federal Government regarding Indian tribes;
(4) apologizes on behalf of the people of the United States
to all Native Peoples for the many instances of violence,
maltreatment, and neglect inflicted on Native Peoples by
citizens of the United States;
(5) expresses its regret for the ramifications of former
wrongs and its commitment to build on the positive
relationships of the past and present to move toward a
brighter future where all the people of this land live
reconciled as brothers and sisters, and harmoniously steward
and protect this land together;
(6) urges the President to acknowledge the wrongs of the
United States against Indian
[[Page 32082]]
tribes in the history of the United States in order to bring
healing to this land; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located
in their boundaries and encourages all State governments
similarly to work toward reconciling relationships with
Indian tribes within their boundaries.
(b) Disclaimer.--Nothing in this section--
(1) authorizes or supports any claim against the United
States; or
(2) serves as a settlement of any claim against the United
States.
Sec. 8114. (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. 8115. (a) It is the sense of Congress that--
(1) All of the National Nuclear Security Administration
sites, including the Nevada Test Site can play an effective
and essential role in developing and demonstrating--
(A) innovative and effective methods for treaty
verification and the detection of nuclear weapons and other
materials; and
(B) related threat reduction technologies; and
(2) the Administrator for Nuclear Security should expand
the mission of the Nevada Test Site to carry out the role
described in paragraph (1), including by--
(A) fully utilizing the inherent capabilities and uniquely
secure location of the Site;
(B) continuing to support the Nation's nuclear weapons
program and other national security programs; and
(C) renaming the Site to reflect the expanded mission of
the Site.
(b) Not later than one year after the date of the enactment
of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees and the
Subcommittees on Energy and Water Development of the
Committees on Appropriations a plan for improving the
infrastructure of the Nevada Test Site of the National
Nuclear Security Administration and, if the Administrator
deems appropriate, all other sites under the jurisdiction of
the National Nuclear Security Administration--
(1) to fulfill the expanded mission of the Site described
in subsection (a); and
(2) to make the Site available to support the threat
reduction programs of the entire national security community,
including threat reduction programs of the National Nuclear
Security Administration, the Defense Threat Reduction Agency,
the Department of Homeland Security, and other agencies as
appropriate.
Sec. 8116. (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 that is
awarded more than 60 days after the effective date of this
Act, 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 awarded more than 180 days after the effective date
of this Act 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. 8117. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--
None of the funds appropriated or otherwise made available by
this Act, or that remain available for obligation for the
Department of Defense from the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329), the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), and the Supplemental
Appropriations Act, 2009 (Public Law 111-32), may be used to
begin or announce the competition to award to a contractor or
convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the award of a function to a contractor or the
conversion of a function to performance by a contractor
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76 once all reporting and
certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) have been satisfactorily completed.
Sec. 8118. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical
or mission essential business management information
technology system that is not registered with the Director of
National Intelligence. A system shall be considered to be
registered with that officer upon the furnishing notice of
the system, together with such information concerning the
system as the Director of the Business Transformation Office
may prescribe.
(2) During the current fiscal year no funds may be
obligated or expended for a financial management automated
information system, a mixed information system supporting
financial and non-financial systems, or a business system
improvement of more than $3,000,000, within the Intelligence
Community without the approval of the Business Transformation
Investment Review Board.
(b) The Director of the Business Transformation Office
shall provide the congressional intelligence committees a
semi-annual report of approvals under paragraph (1) no later
than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment
Review Board's semi-annual activities, and each report shall
certify that the following steps have been taken for systems
approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
(including transfer of funds)
Sec. 8119. In addition to funds made available elsewhere
in this Act, there is hereby appropriated $291,715,000, to
remain available until transferred: Provided, That these
funds are appropriated to the ``Tanker Replacement Transfer
Fund'' (referred to as ``the Fund'' elsewhere in this
section): Provided further, That the Secretary of the Air
Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation,
Air Force'', only for the purposes of proceeding with a
tanker acquisition program: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to
[[Page 32083]]
making transfers using funds provided in this section, notify
the congressional defense committees in writing of the
details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after
the end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds
from this appropriation.
Sec. 8120. (a) Resettlement Support and Other Public
Benefits for Certain Iraqi Refugees.--Section 1244(g) of the
Refugee Crisis in Iraq Act of 2007 (subtitle C of title XII
of division A of Public Law 110-181; 122 Stat. 398) is
amended by striking ``for a period not to exceed eight
months'' and inserting ``to the same extent, and for the same
periods of time, as such refugees''.
(b) Resettlement Support and Other Public Benefits for
Certain Afghan Allies.--Section 602(b)(8) of the Afghan
Allies Protection Act of 2009 (title VI of division F of
Public Law 111-8; 123 Stat. 809) is amended by striking ``for
a period not to exceed 8 months'' and inserting ``to the same
extent, and for the same periods of time, as such refugees''.
Sec. 8121. (a) Each congressionally directed spending item
specified in this Act or the explanatory statement regarding
this Act that is also identified in Senate Report 111-74 and
intended for award to a for-profit entity shall be subject to
acquisition regulations for full and open competition on the
same basis as each spending item intended for a for-profit
entity that is contained in the budget request of the
President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)).
(c) Any congressionally directed spending item specified in
this Act or the explanatory statement regarding this Act that
is intended for award to a for-profit entity and is not
covered by the competition requirement specified in
subsection (a), shall be awarded under full and open
competition, except that any contract previously awarded
under full and open competition that remains in effect during
fiscal year 2010 shall be considered to have satisfied the
conditions of full and open competition.
(d) In this section, the term ``congressionally directed
spending item'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of the
House of Representatives.
Sec. 8122. None of the funds appropriated or otherwise
made available by this Act may be used to award to a
contractor or convert to performance by a contractor any
functions pursuant to a study conducted under Office of
Management and Budget (OMB) Circular A-76 or as part of a
utility privatization authorized under section 2688 of title
10, United States Code or under any other provision of law,
that are performed by Federal employees at the United States
Military Academy, West Point, as of the date of enactment of
this Act.
Sec. 8123. 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.
Sec. 8124. The explanatory statement regarding this Act
printed in the House of Representatives section of the
Congressional Record on or about December 16, 2010, by the
Chairman of the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives shall have the
same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,958,840,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,388,601,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $778,722,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,667,376,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$293,137,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$37,040,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $31,337,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $19,822,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $824,966,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $9,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $47,821,154,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,475,925,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,430,258,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $9,216,319,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,490,900,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom; and
(2) Not to exceed $1,570,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access
provided to United States military operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That these funds may be used
for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military operations in Iraq and Afghanistan, and 15
days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $204,326,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $68,059,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $86,667,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $125,925,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $321,646,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $289,862,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for expenses directly relating to
overseas contingency operations by United States military
forces, $5,000,000,000, to remain available for obligation
until expended: Provided, That of the funds made available
under this heading, the Secretary of Defense may transfer
these funds only to military personnel accounts, operation
and maintenance accounts, the defense health program
appropriation, the Mine Resistant Ambush Protected Vehicle
Fund, and working capital funds accounts: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That the Secretary shall notify the congressional defense
committees 15 days prior to such transfer: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense.
[[Page 32084]]
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$6,562,769,000, to remain available until September 30, 2011:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,238,219,000, to remain available until September
30, 2012.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$475,954,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,169,466,000, to remain
available until September 30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $365,635,000, to remain available until September 30,
2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,800,516,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $853,297,000, to remain available until September 30,
2012.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$50,700,000, to remain available until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $675,957,000, to remain available
until September 30, 2012.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$241,018,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$893,197,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $736,501,000, to remain available until September
30, 2012.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $36,625,000, to remain available until September 30,
2012.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $256,819,000, to remain available until
September 30, 2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,583,421,000, to remain available until September
30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$480,780,000, to remain available until September 30, 2012.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $950,000,000, to
remain available for obligation until September 30, 2012, of
which $575,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard
and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$6,281,000,000, to remain available until September 30, 2011:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary
shall transfer such funds only to appropriations made
available in this or any other Act for operation and
maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purpose provided herein: Provided further, That such
transferred funds shall be merged with and be available for
the same purposes and the same time period as the
appropriation to which transferred: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $57,962,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $58,660,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $39,286,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $112,196,000, to remain
available until September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $412,215,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,256,675,000, which shall be for operation and maintenance.
Drug Interdiction and Counter-drug Activities
(including transfer of funds)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities'', $346,603,000, to remain available
until September 30, 2011.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,762,010,000, to remain available
until September 30, 2012.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $8,876,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2010: Provided further, That the
amount in this section is designated as being for overseas
deployments and other activities pursuant to sections
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
[[Page 32085]]
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light armored vehicles
for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $1,200,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility: Provided, That not later than 45 days after
the end of each fiscal year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant
to the authority provided in this section or under any other
provision of law for the purposes described herein: Provided
further, That, of the funds provided, $500,000,000 shall not
be available until 5 days after the Secretary of Defense has
completed a thorough review of the Commander's Emergency
Response Program and provided a report on his findings to the
congressional defense committees.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Iraq and Afghanistan: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 9007. Each amount in this title is designated as
being for overseas deployments and other activities pursuant
to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9008. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9010. (a) The Director of the Office of Management and
Budget, in consultation with the Secretary of Defense; the
Commander of the United States Central Command; the
Commander, Multi-National Security Transition Command--Iraq;
and the Commander, Combined Security Transition Command--
Afghanistan, shall submit to the congressional defense
committees not later than 45 days after the end of each
fiscal quarter a report on the proposed use of all funds
appropriated by this or any prior Act under each of the
headings ``Iraq Security Forces Fund'', ``Afghanistan
Security Forces Fund'', and ``Pakistan Counterinsurgency
Fund'' on a project-by-project basis, for which the
obligation of funds is anticipated during the 3-month period
from such date, including estimates by the commanders
referred to in this section of the costs required to complete
each such project.
(b) The report required by this subsection shall include
the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in subsection (a) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
(c) The Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfers
of funds between sub-activity groups in excess of $20,000,000
using funds appropriated by this or any prior Act under the
headings ``Iraq Security Forces Fund'', ``Afghanistan
Security Forces Fund'', and ``Pakistan Counterinsurgency
Fund''.
Sec. 9011. (a) None of the funds made available in this or
any other Act may be used to release an individual who is
detained, as of June 24, 2009, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska,
Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other
Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba,
into the continental United States, Alaska, Hawaii, or the
District of Columbia, into any of the United States
territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands (CNMI), for
the purpose of detention, except as provided in subsection
(c).
(c) None of the funds made available in this or any other
Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba,
into the continental United States, Alaska, Hawaii, or the
District of Columbia, into any of the United States
territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands (CNMI), for
the purposes of prosecuting such individual, or detaining
such individual during legal proceedings, until 45 days after
the plan described in subsection (d) is received.
(d) The President shall submit to Congress, in classified
form, a plan regarding the proposed disposition of any
individual covered by subsection (c) who is detained as of
June 24, 2009. Such plan shall include, at a minimum, each of
the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were so
transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among
inmate populations at incarceration facilities within the
continental United States, Alaska, Hawaii, the District of
Columbia, or the United States territories if the individual
were transferred to such a facility.
(3) The costs associated with transferring the individual
in question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the State
to which the individual will be transferred, to the Mayor of
the District of Columbia if the individual will be
transferred to the District of Columbia, or to any United
States territories with a certification by the Attorney
General of the United States in classified form at least 14
days prior to such transfer (together with supporting
documentation and justification) that the individual poses
little or no security risk to the United States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other
Act may be used to transfer or release an individual detained
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009,
to the country of such individual's nationality or last
habitual residence or to any other country other than the
United States or to a freely associated State, unless the
President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the
following information:
(1) The name of any individual to be transferred or
released and the country or the freely associated State to
which such individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its
[[Page 32086]]
citizens, including members of the Armed Services of the
United States, that is posed by such transfer or release and
the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such
individual, including the amount of any financial assistance
related to such agreement.
(f) In this section, the term ``freely associated States''
means the Federated States of Micronesia (FSM), the Republic
of the Marshall Islands (RMI), and the Republic of Palau.
(g) Prior to the termination of detention operations at
Naval Station, Guantanamo Bay, Cuba, the President shall
submit to the Congress a report in classified form describing
the disposition or legal status of each individual detained
at the facility as of the date of enactment of this Act.
Sec. 9012. (a) Funding for Outreach and Reintegration
Services Under Yellow Ribbon Reintegration Program.--Of the
amounts appropriated or otherwise made available by title IX,
up to $20,000,000 may be available for outreach and
reintegration services under the Yellow Ribbon Reintegration
Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection
is in addition to any other amounts available in this Act for
such services.
This division may be cited as the ``Department of Defense
Appropriations Act, 2010''.
DIVISION B--OTHER MATTERS
Sec. 1001. There are hereby appropriated such sums as may
be necessary, for an additional amount for ``Food and
Nutrition Service--Supplemental Nutrition Assistance
Program'' for necessary current year expenses to carry out
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.):
Provided, That such amount shall be used only in such amounts
and at such times as may become necessary to carry out
program operations: Provided further, That amounts so
appropriated are designated as emergency requirements and
necessary to meet emergency needs pursuant to sections 403
and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Sec. 1002. (a) In General.--For the costs of State
administrative expenses associated with administering the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
there are hereby appropriated $400,000,000, which shall
remain available until September 30, 2011.
(b) Allocation of Funds.--Funds described in subsection (a)
shall be made available as grants to State agencies as
follows--
(1) 75 percent of the amounts available shall be allocated
to States based on the share of each State of households that
participate in the supplemental nutrition assistance program
as reported to the Department of Agriculture for the most
recent 12-month period for which data are available, adjusted
by the Secretary (as of the date of enactment) for
participation in disaster programs under section 5(h) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(h));
(2) 25 percent of the amounts available shall be allocated
to States based on the increase in the number of households
that participate in the supplemental nutrition assistance
program as reported to the Department of Agriculture over the
most recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of enactment) for
participation in disaster programs under section 5(h) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and
(3) Not later than 60 days after the date of enactment of
this Act, the Secretary shall make available to States
amounts based on paragraphs (1) and (2) of this subparagraph.
(c) Reallocation of Funds.--Funds unobligated at the State
level in fiscal year 2010 may be recovered and reallocated to
the States in fiscal year 2011.
(d) Emergency Designation.--Amounts in this section are
designated as emergency requirements and necessary to meet
emergency needs pursuant to sections 403 and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Sec. 1003. (a) Amendments to Section 119 of Title 17,
United States Code.--
(1) In general.--Section 119 of title 17, United States
Code, is amended--
(A) in subsection (c)(1)(E), by striking ``December 31,
2009'' and inserting ``February 28, 2010''; and
(B) in subsection (e), by striking ``December 31, 2009''
and inserting ``February 28, 2010''.
(2) Termination of license.--
(A) Termination.--Section 119 of title 17, United States
Code, as amended by paragraph (1), shall cease to be
effective on February 28, 2010.
(B) Conforming amendment.--Section 4(a) of the Satellite
Home Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-
369) is repealed.
(b) Amendments to Communications Act of 1934.--Section
325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) in paragraph (2)(C), by striking ``December 31, 2009''
and inserting ``February 28, 2010''; and
(2) in paragraph (3)(C), by striking ``January 1, 2010''
each place it appears in clauses (ii) and (iii) and inserting
``March 1, 2010''.
(c) Emergency Designation.--Amounts in this section are
designated as emergency requirements and necessary to meet
emergency needs pursuant to sections 403 and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Sec. 1004. (a) USA PATRIOT Improvement and Reauthorization
Act of 2005.--Section 102(b)(1) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 120 Stat. 195) is amended by striking ``December 31,
2009'' and inserting ``February 28, 2010''.
(b) Intelligence Reform and Terrorism Prevention Act of
2004.--Section 6001(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3742; 50 U.S.C. 1801 note) is amended by striking
``December 31, 2009'' and inserting ``February 28, 2010''.
Sec. 1005. Section 129 of the Continuing Appropriations
Resolution, 2010 (Public Law 111-68) is amended by striking
``by substituting'' and all that follows through the period
at the end, and inserting ``by substituting February 28, 2010
for the date specified in each such section.''.
Sec. 1006. (a) There is hereby appropriated $125,000,000,
for an additional amount for ``Small Business
Administration--Business Loans Program Account'' for fee
reductions and eliminations under section 501 of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) and for the cost of guaranteed loans under section
502 of such division: Provided, That such cost shall be as
defined in section 502 of the Congressional Budget Act of
1974.
(b) Section 502(f) of division A of the American Recovery
and Reinvestment Act of 2009 is amended by striking ``the
date 12 months after the date of enactment of this Act'' and
inserting ``February 28, 2010''.
(c) Amounts in this section are designated as emergency
requirements and necessary to meet emergency needs pursuant
to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 1007. (a) Payment.--The Secretary of the Interior may
make a payment to Swain County, North Carolina, in an amount
of $12,800,000, in connection with the non-construction of
the North Shore Road: Provided, That $4,000,000 shall be
available for obligation upon enactment of this Act: Provided
further, That remaining amounts shall not be available for
obligation until 120 days following signature of an agreement
between the Secretary of the Interior, Swain County, the
State of North Carolina, and the Tennessee Valley Authority
that supersedes the agreement of July 30, 1943, related to
the construction of North Shore Road between the Secretary,
the County, the State, and the Authority. For this payment,
there is hereby appropriated $6,800,000, to remain available
until expended, and an amount of $6,000,000 from unobligated
balances available to the Department of the Interior from
prior appropriations to the ``Construction'' account for the
National Park Service.
(b) Rescission.--Of the funds appropriated in the
Department of Transportation and Related Agencies
Appropriations Act, 2001 (Public Law 106-346), in section 378
for construction of, and improvements to, North Shore Road in
Swain County, North Carolina, $6,800,000 is hereby
permanently rescinded.
Sec. 1008. (a) For purposes of the continued extension of
surface transportation programs and related authority to make
expenditures from the Highway Trust Fund and other trust
funds under sections 157 through 162 of the Continuing
Appropriations Resolution, 2010, the date specified in
section 106(3) of such resolution shall be deemed to be
February 28, 2010.
(b) Section 158(c) is amended by striking the period at the
end and inserting ``except for the rescission made by section
123 of division I of the Omnibus Appropriations Act, 2009.
The amount made available for each of the apportioned
Federal-aid highway programs under subsection (a) shall be
reduced by an amount equaling $33,401,492 multiplied by the
amount calculated under subsection (a) and divided by
$23,941,505,262''.
Sec. 1009. (a)(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(A) by striking ``December 31, 2009'' each place it appears
and inserting ``February 28, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``February 28, 2010'';
and
(C) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``July 31, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public
Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``before January 1,
2010'' and inserting ``on or before February 28, 2010'';
[[Page 32087]]
(B) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``February 28, 2010''; and
(C) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``August 31, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers
and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note; 123 Stat. 444), is amended--
(A) by striking ``January 1, 2010'' each place it appears
and inserting ``February 28, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010'' and
inserting ``July 31, 2010''.
(4) Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``May 30, 2010'' and inserting ``July 31,
2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``by reason of'' and all that follows and
inserting the following: ``by reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling Families
Act;
``(B) the amendments made by sections 2 through 4 of the
Worker, Homeownership, and Business Assistance Act of 2009;
and
``(C) the amendments made by section 1009 of the Department
of Defense Appropriations Act, 2010; and''.
(c) Amounts in this section are designated as emergency
requirements and necessary to meet emergency needs pursuant
to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 1010. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) is
amended by striking ``December 31, 2009'' and inserting
``February 28, 2010''.
(b) Extension of Maximum Duration of Assistance.--
Subsection (a)(2)(A)(ii)(I) of such section is amended by
striking ``9 months'' and inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of
such section is further amended by adding at the end the
following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively and maintain
cobra coverage.--In the case of any premium for a period of
coverage during an assistance eligible individual's
transition period, such individual shall be treated for
purposes of any COBRA continuation provision as having timely
paid the amount of such premium if--
``(i) such individual was covered under the COBRA
continuation coverage to which such premium relates for the
period of coverage immediately preceding such transition
period, and
``(ii) such individual pays, not later than 60 days after
the date of the enactment of this paragraph (or, if later, 30
days after the date of provision of the notification required
under subparagraph (D)(ii)), the amount of such premium,
after the application of paragraph (1)(A).
``(B) Refunds and credits for retroactive premium
assistance eligibility.--In the case of an assistance
eligible individual who pays, with respect to any period of
COBRA continuation coverage during such individual's
transition period, the premium amount for such coverage
without regard to paragraph (1)(A), rules similar to the
rules of paragraph (12)(E) shall apply.
``(C) Transition period.--
``(i) In general.--For purposes of this paragraph, the term
`transition period' means, with respect to any assistance
eligible individual, any period of coverage if--
``(I) such period begins before the date of the enactment
of this paragraph, and
``(II) paragraph (1)(A) applies to such period by reason of
the amendment made by section 1010(b) of the Department of
Defense Appropriations Act, 2010.
``(ii) Construction.--Any period during the period
described in subclauses (I) and (II) of clause (i) for which
the applicable premium has been paid pursuant to subparagraph
(A) shall be treated as a period of coverage referred to in
such paragraph, irrespective of any failure to timely pay the
applicable premium (other than pursuant to subparagraph (A))
for such period.
``(D) Notification.--
``(i) In general.--In the case of an individual who was an
assistance eligible individual at any time on or after
October 31, 2009, or experiences a qualifying event
(consisting of termination of employment) relating to COBRA
continuation coverage on or after such date, the
administrator of the group health plan (or other entity)
involved shall provide an additional notification with
information regarding the amendments made by section 1010 of
the Department of Defense Appropriations Act, 2010, within 60
days after the date of the enactment of such Act or, in the
case of a qualifying event occurring after such date of
enactment, consistent with the timing of notifications under
paragraph (7)(A).
``(ii) To individuals who lost assistance.--In the case of
an assistance eligible individual described in subparagraph
(A)(i) who did not timely pay the premium for any period of
coverage during such individual's transition period or paid
the premium for such period without regard to paragraph
(1)(A), the administrator of the group health plan (or other
entity) involved shall provide to such individual, within the
first 60 days of such individual's transition period, an
additional notification with information regarding the
amendments made by section 1010 of the Department of Defense
Appropriations Act, 2010, including information on the
ability under subparagraph (A) to make retroactive premium
payments with respect to the transition period of the
individual in order to maintain COBRA continuation coverage.
``(iii) Application of rules.--Rules similar to the rules
of paragraph (7) shall apply with respect to notifications
under this subparagraph.''.
(d) Clarification That Eligibility and Notice Is Based on
Timing of Qualifying Event.--Subsection (a) of such section
is amended--
(1) in paragraph (3)(A)--
(A) by striking ``at any time'' and inserting ``such
qualified beneficiary is eligible for COBRA continuation
coverage related to a qualifying event occurring''; and
(B) by striking ``, such qualified beneficiary is eligible
for COBRA continuation coverage''; and
(2) in paragraph (7)(A), by striking ``become entitled to
elect COBRA continuation coverage'' and inserting ``have a
qualifying event relating to COBRA continuation coverage''.
(e) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
3001 of division B of the American Recovery and Reinvestment
Act of 2009 to which they relate.
(f) Emergency Designations.--
(1) In general.--Amounts in this section are designated as
emergency requirements and necessary to meet emergency needs
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
(2) PAYGO.--All applicable provisions in this section are
designated as an emergency for purposes of pay-as-you-go
principles.
Sec. 1011. (a) In General.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at
the end the following new paragraph:
``(10) Update for portion of 2010.--
``(A) In general.--Subject to paragraphs (7)(B), (8)(B),
and (9)(B), in lieu of the update to the single conversion
factor established in paragraph (1)(C) that would otherwise
apply for 2010 for the period beginning on January 1, 2010,
and ending on February 28, 2010, the update to the single
conversion factor shall be 0 percent for 2010.
``(B) No effect on computation of conversion factor for
remaining portion of 2010 and subsequent years.--The
conversion factor under this subsection shall be computed
under paragraph (1)(A) for the period beginning on March 1,
2010, and ending on December 31, 2010, and for 2011 and
subsequent years as if subparagraph (A) had never applied.''.
(b) Funding From Medicare Improvement Fund.--Section
1898(b)(1) of such Act (42 U.S.C. 1395iii(b)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$22,290,000,000'' and inserting
``$20,740,000,000''; and
(B) by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) fiscal year 2015, $550,000,000; and''.
Sec. 1012. Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not publish
updated poverty guidelines for 2010 under section 673(2) of
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
9902(2)) before March 1, 2010, and the poverty guidelines
published under such section on January 23, 2009, shall
remain in effect until updated poverty guidelines are
published.
Sec. 1013. From the ``National Telecommunications and
Information Administration--Digital-to-Analog Converter Box
Program'' in the Department of Commerce, $128,000,000 is
hereby rescinded.
Sec. 1014. The explanatory statement regarding this Act
printed in the House of Representatives section of the
Congressional Record on or about December 16, 2010, by the
Chairman of the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives shall have the
same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
The SPEAKER pro tempore. The motion shall be debatable for 1 hour
equally divided and controlled by the Chair and ranking minority member
of the Committee on Appropriations.
The gentleman from Pennsylvania (Mr. Murtha) and the gentleman from
Florida (Mr. Young) each will control 30 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. MURTHA. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to
[[Page 32088]]
revise and extend their remarks and to include tabular and extraneous
material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. MURTHA. I yield myself such time as I may consume.
Madam Speaker, Members of the House, this is the largest
appropriations bill that we have ever handled. It was completely
bipartisan. We never did anything without working together. It is
basically the same bill we voted on before it went to the Senate but
with a few minor changes. I am pleased to say that we made some
conciliatory changes with the White House and also with the Senate.
This, as a matter of fact, is $625 billion. The House passed $636
billion. It pays for first-class medical care for military personnel.
I have to say I don't usually talk on any one thing, but having been
out at Bethesda in intensive care for 2 days, I have to endorse the
money that we have spent on the care at Bethesda. They did a marvelous
job, and I am so pleased about the way the money is being handled out
there.
Medical research, of course, the committee under my leadership and
under the leadership of Jerry Lewis and Bill Young, has always been in
the forefront. There are peer-reviewed programs, which have turned out
to be as good as any programs you will find any place. We are
supporting military families, operations and maintenance, civilian
workforce, and insourcing. We are trying to reduce the contractors, and
we are struggling in doing that. The inspector of general oversight, we
worked at that for 2 or 3 years. This bill includes the MRAP program
and $526 million for situational awareness.
In other words, this is as good a bill as we could come up with given
the amount of money that was apportioned to us.
The Fiscal Year 2010 Defense Appropriations Bill puts troops first,
ensuring their readiness, providing them with first class weapons and
equipment, and ensuring the availability of care and support for their
families.
The bill makes critical investments in the health, well-being and
readiness of our armed forces; addressing issues raised by service
members, their families, and Department of Defense officials in
testimony before the Congress, and discovered through visits to
military bases across the United States and overseas. The bill also
reins in the use of contractors and begins to return inherently
governmental functions to Department of Defense personnel.
For the first time since the beginning of operations in Iraq, this
bill includes funding for Overseas Contingency Operations in
Afghanistan and Iraq for the upcoming fiscal year; providing $128.3
billion to support current operations, and to meet the needs of our
troops in the field and their families here at home. The bill does not
address the President's new Afghanistan security strategy because the
Administration has yet to request funding for that initiative.
[Bill total in billions]
2009 Total Enacted...............................................$625.3
President's Request...............................................640.1
House Passed......................................................636.3
Senate Passed.....................................................636.3
2010 Total Bill...................................................636.3
Military Personnel and Pay: The bill provides a 3.4 percent military
pay increase, 0.5 percent above the request. The bill also includes $1
billion pursuant to an amended budget request in order to increase U.S.
Army troop strength.
First Class Medical Care: The bill recommends a total of $29.2
billion for the Defense Health Program, $3 billion above fiscal year
2009 and $1 billion above the 2010 request. The increase includes $307
million above the request to provide for shortfalls in the TRICARE
program. The bill also includes $300 million above the request for
transportation infrastructure issues related to base closure.
To provide quality medical care for service members and their
families, and address the serious financial challenges facing the
Defense Health Program, the bill recommends the following funding:
HIV Research................................................$20,000,000
Wound Care Research..........................................13,000,000
Traumatic Brain Injury and Psychological Health Research ($372m budget
+ $120m over budget)......................................120,000,000
Global HIV/AIDS Prevention...................................10,000,000
Peer-Reviewed Medical Research Program.......................50,000,000
Peer-Reviewed Breast Cancer Research........................150,000,000
Peer-Reviewed Ovarian Cancer Research Program................18,750,000
Peer-Reviewed Prostate Cancer Research Program...............80,000,000
Supporting Military Families: The bill provides greater support for
military families. The bill includes funding for quality child care,
job training for spouses, and expanded counseling and outreach to
families that have experienced the separation and stress of war. The
bill fully funds $472.4 million for Family Advocacy programs and fully
funds Family Support and Yellow Ribbon programs.
Operation and Maintenance: The bill recommends $154 billion for
operation and maintenance, an increase of $1.3 billion above the fiscal
year 2009 enacted level. The recommendation includes funding above the
budget request for the following items:
Hybrid Operations Readiness Training (Hybrid--DoD's new terminology for
full-spectrum training)...................................$43,000,000
Army Helicopter Readiness Training..........................142,000,000
Navy Aircraft Depot Maintenance..............................35,000,000
Environmental Restoration....................................32,500,000
The recommendation rebalances funding from preparing for Cold War-era
types of conflicts to the highest priority readiness requirements for
the hybrid operations that the military services will be facing for the
foreseeable future. The bill also includes adjustments based on trends
in DoD budget execution.
Civilian Workforce and In-Sourcing: The bill supports increased
funding for DoD civilian personnel to in-source workload. The
Department estimates that every position converted from contract to
federal civilian saves on average $44,000 per year. Additionally, the
bill includes general provisions to suspend further conversions by the
Department of Defense from government functions to contractors.
The bill also includes $100 million, as requested, to fund further
development and training for the DoD acquisition workforce.
Inspector General Oversight: the bill includes $288 million, $16
million above the request, for the Inspector General to hire additional
investigators to ensure proper oversight of DoD acquisition and
contracting.
Procurement Programs: The bill recommends $104.4 billion for
procurement, an increase of $3.46 billion above the fiscal year 2009
enacted level and a decrease of $816 million below the 2010 request.
The bill includes:
$6.8 billion, the requested amount, for the procurement of 30 F-35
Lightning Aircraft, 16
Short Take-off and Vertical Landing variants for the Marine Corps, 4
Carrier variants for the Navy, and 10 conventional variants for the Air
Force.
$465 million above the request to continue development and initial
procurement of the Alternative Engine for the Joint Strike Fighter.
$2.5 billion above the request for procurement of 10 additional C-17
aircraft.
The bill also includes:
$6.3 billion for the Mine Resistant Ambush Protected Vehicle Fund, an
increase of $825 million above the request.
$526 million as requested for Situational Awareness upgrades to 353
Bradley Fighting Vehicles.
$498 million for the procurement of Family of Medium Tactical
Vehicles.
$613 million for the procurement of Family of Heavy Tactical
Vehicles.
$15 billion, $120 million above the request, for Navy Shipbuilding
and Conversion and the National Defense Sealift Fund for the
procurement of 7 Navy ships, including: one DDG-51 Guided Missile
Destroyer; one SSN-774 Attack Submarine; two Littoral Combat Ships; and
one Intra-theater Connector Ship (joint high speed vessel to move
personnel and equipment within theater).
Additionally, this funding provides for the final increments of
funding for the CVN-78 Aircraft Carrier, the third DDG-1000 Guided
Missile Destroyer, and the tenth LPD-17 Amphibious Transport Dock.
$30 million, not requested, for the shipbuilding loan guarantee
program to assist in stimulating the domestic shipbuilding industry.
$1.5 billion for the procurement of 18 F/A-18E/F Super Hornet
Tactical aircraft, nine above the request.
$1.6 billion, the requested amount for 22 EA-18G Growler electronic
attack aircraft.
$2.7 billion for the procurement of 30 MV-22 and five CV-22 Osprey
aircraft.
$950 million for National Guard and Reserve Equipment.
[[Page 32089]]
Research and Development: The bill recommends $80.5 billion for
research and development, an increase of $17 million above the fiscal
year 2009 enacted level, and a $2 billion increase over the fiscal year
2010 request. Major funding items include:
$4 billion for the continued development of the F-35 Lightning Joint
Strike Fighter aircraft, $430 million above the President's request.
$130 million for Presidential Helicopter, of which $100 million is
for technology capture to recoup investments in research and
development of the VH-71, an increase of $44.8 million above the
request.
$306 million for the development of the Next Generation Aerial
Refueling Aircraft.
$62 million for JSTARS re-engineering research and development, an
increase of $46 million above the request.
$202 million for the Israeli Cooperative Program (Arrow). The
recommendation is $82.8 million above the President's request.
$50.5 million, the President's request for Ballistic Missile Defense
European Capability.
$2.2 billion for the continued development of the restructured Future
Combat Systems Program.
$1.2 billion for the continued development of the P-8A Multi-mission
Maritime Aircraft.
$387.5 million, the President's request, starting development of the
replacement for the Ohio class ballistic missile submarine.
$526 million for the continued development of the DDG-1000 Guided
Missile Destroyer.
Overseas Contingency Operations: The recommendation addresses a
number of policy issues concerning operations in Iraq and Afghanistan
including:
A general provision prohibiting the establishment of permanent bases
in Iraq or Afghanistan;
A general provision prohibiting the torture of detainees held in U.S.
custody;
The bill provides $1.2 billion, a reduction of $300 million from the
request for the Commanders Emergency Response Program (CERP) authority
and fences $500 million pending a spending plan from the Department of
Defense; and
Provides no funds for the closure of the detention facility at
Guantanamo Naval base.
EXPLANATORY STATEMENT OF HOUSE AMENDMENT TO THE SENATE AMENDMENT TO
H.R. 3326--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
DIVISION A DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, FISCAL YEAR 2010
Following is an explanation of the effects of Division A,
which makes appropriations for the Department of Defense for
fiscal year 2010. As provided in Section 8124 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this as if it were a joint explanatory
statement of a committee of the conference.
The recommendation on the Department of Defense
Appropriations Act, 2010, incorporates some of the provisions
of both the House and Senate versions of the bill. The
language and allocations set forth in House Report 111-230
and Senate Report 111-74 should be complied with unless
specifically addressed to the contrary in the accompanying
bill and explanatory statement.
The Senate amendment deleted the entire House bill after
the enacting clause and inserted new language. The
recommendation includes revised language.
Definition of Program, Project, and Activity
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) as amended by
the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) and by the
Budget Enforcement Act of 1990 (Public Law 101-508), the term
program, project, and activity for appropriations contained
in this Act shall be defined as the most specific level of
budget items identified in the Department of Defense
Appropriations Act, 2010, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action. The following exception to the above
definition shall apply: for the military personnel and the
operation and maintenance accounts, for which the term
``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of
Defense Appropriations Act.
At the time the President submits the budget for fiscal
year 2011, the Secretary of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``0-1'' which shall
identify, at the budget activity, activity group, and
subactivity group level, the amounts requested by the
President to be appropriated to the Department of Defense for
military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2011.
Classified Annex
Adjustments to classified programs are addressed in the
accompanying classified annex.
Congressional Special Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for purposes of the Base for Reprogramming (DD
Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
these materials.
Reprogramming Guidance
The Department of Defense is directed to follow the
reprogramming guidance for acquisition accounts as contained
herein under titles III and IV. For operation and maintenance
accounts, the Department shall follow the reprogramming
guidelines contained herein under title II. The dollar
threshold for reprogramming funds shall remain at $15,000,000
for operation and maintenance; $20,000,000 for procurement;
and $10,000,000 for research, development, test and
evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles I, II, III
and IV of this Act. The Department shall continue to follow
the limitation that prior approval reprogrammings are set at
either the specified dollar threshold or 20 percent of the
procurement or research, development, test and evaluation
line, whichever is less. The percentage change limitation
applies to both the program increases and decreases.
Additionally, this percentage change applies to the program
base value at the time the below threshold movement of funds
is executed. These thresholds are cumulative from the base
for reprogramming as made by any adjustment action.
Therefore, if the combined value of transfers into or out of
operation and maintenance (0-1), a procurement (P-1) or
research, development, test and evaluation (R-1) line exceed
the identified threshold, the Department of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the
application of prior approval reprogramming procedures for
congressional special interest items are established
elsewhere in these materials.
Funding Increases
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the table.
Joint Surveillance-Target Attack Radar System (JSTARS) Program
The Department of Defense decision to proceed with the
JSTARS re-engining program is supported in the
recommendation. It is noted that the JSTARS program has been
used as a source of funds for reprogrammings in the past. The
Air Force is encouraged to restore those prior year funds if
additional resources are needed. The recommendation provides,
$115,900,000, an increase of $46,000,000, in the Research,
Development, Test and Evaluation funding and provides
$54,000,000 in the Aircraft Procurement, Air Force
appropriation.
The recommendation does not include language that restricts
the obligation of funds for the JSTARS re-engining program,
as provided in the Senate report.
In addition, the Air Force is not directed to transfer a
SYERS-3 sensor to.complete the SYERS Demonstration Program.
The Air Force should have the sensor for an adequate time,
and the necessary financial resources have already been
appropriated to ensure completion of the demonstration
program. The Secretary of the Air Force is directed to submit
a written notification to the congressional defense
committees on the status of the demonstration program not
later than 60 days after the enactment of this Act.
Combat Air Force Restructure
The lack of detail and analysis provided to the Congress
regarding the Air Force's Combat Air Force restructure plan
that would retire 248 legacy F-15, F-16 and A-10 aircraft is
concerning. Therefore, it is directed that the reports
stipulated in Sec. 1075 of the Conference Report accompanying
the National Defense Authorization Act of Fiscal Year 2010
also be transmitted to the Committees on Appropriations of
the House and Senate.
Additionally, there is concern with the personnel costs and
potential acquisition costs associated with the Air Force
proposal to remove the training of F-15 pilots and related
personnel from Tyndall Air Force Base. The Secretary of the
Air Force is directed to provide a cost-benefit analysis of
this proposal regarding Tyndall Air Force Base and Kingsley
Field in Klamath Falls which shall include an analysis of
factors impacting F-15 training quantity and quality at each
location, to include training synergies, airspace access and
availability. The report shall identify and explain the
justification for where F-15 Basic Crew Chief Training, Air
Control Squadron Training and Intelligence Formal Training
will be established and maintained. The report shall include
analysis on simulator and ancillary training access, expected
effect on the quality and experience of the instructor base,
future military
[[Page 32090]]
construction requirements and special considerations and
costs required due to the differing training environments and
climatology at each base.
Moreover, the Department is requested to identify airfields
that share runways for both Air Force and commercial
operations within the continental United States. The
Department is requested to include Air Force policy on and
analysis of the training and operational mission impacts at
bases with shared runways.
Additionally, the Secretary of the Air Force is directed to
conduct an independent review by a Federally Funded Research
and Development Center (FFRDC) on the impact of the
restructure on the Nation's combat air forces. The Secretary
of the Air Force is directed to provide the three described
reports on April 1, 2010. The Secretary of the Air Force is
further directed that no funds may be obligated on executing
the Combat Air Force restructure until submission to the
congressional defense committees of all directed reports.
Contracting Fraud
The numerous reports and allegations of defense contractors
defrauding the government is concerning. Therefore, the
Secretary of Defense is encouraged to strengthen policies and
safeguards against such abuse. The Secretary of Defense is
directed, in coordination with the Department of Defense
Inspector General, to report to the congressional defense
committees on contracting fraud. The report shall include an
assessment of the total value of Department of Defense
contracts entered into with contractors that have been
indicted for, settled charges of, been fined by any Federal
department or agency for, or been convicted of fraud in
connection with any contract or other transaction entered
into with the Federal Government over the past ten years. The
report shall also include recommendations on how to penalize
contractors who are repeatedly involved in contract fraud
allegations. Finally, the report shall describe the actions
taken to strengthen Department policies and safeguards
against contractor fraud. The report should be submitted not
later than March 15, 2010.
2001 Nuclear Posture Review
Section 1041(c) of P.L. 106-398, the National Defense
Authorization Act for Fiscal Year 2001, required the
Secretary of Defense to submit to Congress, in unclassified
and classified forms as necessary, a report on the results of
the 2001 Nuclear Posture Review. The Secretary of Defense is
encouraged to provide the unclassified report of the 2001
Nuclear Posture Review to the congressional defense
committees as soon after submission of the 2009 Nuclear
Posture Review as is possible.
Senior Mentors Program
There is deep concern over the Department of Defense's
Senior Mentors Program. The Department spends millions of
dollars each year to place retired general officers on
contract to act as advisors and mentors. It is of concern
that the Department uses large defense industry firms as the
prime contractor to serve as third party ``go betweens.''
There is also concern that the contracts and task orders
appear to be written almost as personal services contracts.
Therefore, the Department of Defense Inspector General is
directed to review the Senior Mentors Program and report to
the congressional defense committees no later than March 31,
2010.
Intelligence, Surveillance and Reconnaissance
Senate Report 111-20 directed the Secretary of Defense to
submit a report to the congressional defense committees on
the strategy to transition the responsibilities of the
Intelligence, Surveillance and Reconnaissance (ISR) Task
Force. Although the report was supposed to have been
submitted no later than October 1, 2009, the Department has
only recently begun to address this reporting requirement.
The recommendation reiterates the concerns leading to the
reporting requirement, and the Secretary of Defense is
directed to submit the report within 30 days of enactment of
this Act.
Furthermore, over the past two years, Congress has approved
significant increases in ISR collection, processing, and
dissemination in support of overseas contingency operations.
The Secretary of Defense is directed to provide a classified
report to the congressional defense committees within 90 days
of enactment of this Act that describes the deployment of
additional ISR capabilities, particularly tactical signals
intelligence and full motion video, to support combat
operations in Afghanistan. The report should address the
adequacy of these capabilities to support troop commitments
to Afghanistan as well as the plans to correct any
shortfalls.
[[Page 32091]]
[[Page 32092]]
[[Page 32093]]
[[Page 32094]]
Cash Incentives
The recommendation supports the services' use of cash
incentives to meet the extraordinary recruiting and retention
challenges they have faced since September 11, 2001. The
services are commended for their successful efforts to grow
and maintain the finest fighting force in the world under
very difficult circumstances. Because the services are
generally meeting or exceeding their recruitment and
retention goals, it is the belief that now is an opportune
time to examine whether the use and size of these cash
incentives can be reduced to maximize their manning utility
while lowering costs. Therefore, the Secretary of Defense is
directed to provide a report to the Committee on
Appropriations of both the House of Representatives and the
Senate that describes these cash incentives, to include the
number of cash incentives used for recruiting and retention,
the average amount provided for each Military Occupational
Specialty (MOS), and the length of contract when these
incentive options are accepted by recruits and those
reenlisting. This report shall also include a quantitative
analysis of the optimal size of these incentives and an
actuarially-based estimate of the impact on recruiting and
retention of a 10 percent and a 20 percent reduction of the
amounts provided per incentive. This report shall be
submitted no later than 120 days after the enactment of this
Act.
[[Page 32095]]
[[Page 32096]]
[[Page 32097]]
[[Page 32098]]
[[Page 32099]]
[[Page 32100]]
[[Page 32101]]
[[Page 32102]]
[[Page 32103]]
[[Page 32104]]
[[Page 32105]]
[[Page 32106]]
[[Page 32107]]
[[Page 32108]]
[[Page 32109]]
[[Page 32110]]
[[Page 32111]]
[[Page 32112]]
[[Page 32113]]
[[Page 32114]]
[[Page 32115]]
[[Page 32116]]
[[Page 32117]]
[[Page 32118]]
[[Page 32119]]
[[Page 32120]]
Undistributed Reductions Based on Historical Underexecution
Both the House and Senate recommend execution reductions to
the operation and maintenance accounts. The House's
adjustment is based on the Government Accountability Office's
analysis of historical budget execution trends. The Senate's
adjustment is based on the historical difference between the
request and obligations for restoration and modernization,
citing data that the execution of appropriated funds was
significantly different than what was requested for certain
budget line items. Since the issues behind these
recommendations are so similar, the recommendation includes
an undistributed reduction to each of the operation and
maintenance accounts based on historical underexecution. This
reduction shall be applied to any budget line item with the
exception of Facilities Sustainment, Restoration and
Modernization lines.
Financial Improvement and Audit Readiness
It is concerning that the Department of Defense is not
placing enough emphasis on improving financial management
processes, internal controls and audit readiness capability.
The Department should continue to develop and implement the
Financial Improvement and Audit Readiness (FIAR) plan to
correct financial management deficiencies and meet audit
readiness objectives. Such actions would likely result in
significant programmatic savings, increased efficiencies, and
an improved ability to properly spend and account for the
Department's critical assets and resources. The
recommendation supports the Department of Defense's FIAR
planning and financial improvement programs.
Operation and Maintenance Reprogrammings
The recommendation includes a provision identical to the
provision enacted in fiscal year 2009 that requires the
Department to submit the DD Form 1414, Base for Reprogramming
Actions, for each of the fiscal year 2010 appropriations
accounts within 60 days after the enactment of this Act. This
provision prohibits the Department from executing any
reprogramming or transfer of funds for any purpose other than
originally appropriated until the aforementioned report is
submitted to the House and the Senate Committees on
Appropriations.
With respect to the Services' operation and maintenance
accounts, the Department shall submit prior approval
reprogramming requests to the congressional defense
committees for proposed transfers of funds in excess of
$15,000,000 to or from the levels specified for budget
activities. In addition, the Department shall follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget sub-activities:
Operation and Maintenance, Army:
Land Forces Depot Maintenance
Operation and Maintenance, Navy:
Aircraft Depot Maintenance
Ship Depot Maintenance
Operation and Maintenance, Marine Corps:
Depot Maintenance
Operation and Maintenance, Air Force:
Air Operations Depot Maintenance
Mobility Operations Depot Maintenance
Basic Skills/Training Depot Maintenance
Logistics Operations Depot Maintenance
In addition, the Department shall follow prior approval
reprogramming procedures for transfers in excess of
$15,000,000 into the following budget sub-activity:
Operation and Maintenance, Army National Guard:
Other Personnel Support/Recruiting and Advertising
Further, the Department shall provide written notification
of cumulative transfers in excess of $15,000,000 from the
following budget sub-activities:
Operation and Maintenance, Army:
Maneuver Units
Modular Support Brigades
Land Forces Operations Support
Force Readiness Operations Support
Base Operations Support
Facilities, Sustainment, Restoration and Modernization
Operation and Maintenance, Navy:
Facilities Sustainment, Restoration and Modernization
Operation and Maintenance, Marine Corps:
Facilities Sustainment, Restoration and Modernization
Operation and Maintenance, Air Force:
Primary Combat Forces
Combat Enhancement Forces
Combat Communications
Facilities Sustainment, Restoration and Modernization
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified
for defense agencies in excess of $15,000,000 shall be
subject to prior approval reprogramming procedures. In
addition, the Department shall provide written notification
of cumulative transfers in excess of $15,000,000 or 20
percent, whichever is less, from the following line items
identified in the Operation and Maintenance, Defense-Wide
project level table contained in this Act:
Defense Legal Services Agency
Office of the Secretary of Defense:
Acquisition, Technology, and Logistics Programs
Personnel and Readiness
Comptroller and Chief Financial Officer
Under Secretary of Defense (Intelligence)
Under Secretary of Defense (Policy)
Director, Program Analysis and Evaluation
Assistant Secretary for Defense (Networks and Information
Integration)
A congressional interest item contained in Operation and
Maintenance, Defense-Wide is defined only as a specified
increase provided in this Act.
Operation and Maintenance Budget Execution Data
The Secretary of Defense is directed to continue to provide
the congressional defense committees with quarterly budget
execution data. Such data should be provided not later than
45 days past the close of each quarter for the fiscal year,
and shall be provided for each 0-1 budget activity, activity
group, and sub-activity group for each of the active,
defense-wide, reserve and National Guard components. For each
0-1 budget activity, activity group, and sub-activity group,
these reports shall include: the budget request and actual
obligations; the Department of Defense distribution of
unallocated congressional adjustments to the budget request;
all adjustments made in establishing the Base for
Reprogramming (DD Form 1414) report; all adjustments
resulting from below threshold reprogrammings; and all
adjustments resulting from prior approval reprogramming
requests.
Federal Government Contracting Procedures
Section 811 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) included a provision
amending Federal government contracting procedures for 8(a)
Native American sole source Federal contracts. The provision
requires that any 8(a) Native American contracts in excess of
$20,000,000 will now be subject to an additional level of
review through the Justification and Approval process. The
effect that this additional requirement will have on the
efficiency of the contracting process and the competitiveness
of Native American companies is unknown. Therefore, the
Secretary of Defense is directed to submit a report 90 days
after the implementation of the new contracting procedures.
This report shall detail the impact of the provision on the
selection of Native American companies for large dollar
contracts; discuss how the provision is affecting the
contracting process, whether an excessive administrative
burden has been placed on contracting personnel; and provide
recommendations for how the provision can be amended to
mitigate any unintended negative consequences.
Military Tires
As part of the Tire Commodity Management Privatization
initiative, undertaken in compliance with the Base
Realignment and Closure Act of 2005, the Department of
Defense shifted responsibility for tire supply, storage, and
distribution from the Defense Logistics Agency to a
contractor who would be in charge of procuring and
distributing all ground and air military tires worldwide for
the Department and the military services. It is recognized
that the intent of this initiative was to lower costs and
streamline the process of getting tires to the warfighter and
that the current prime contractor has exceeded expectations.
However, having a tire manufacturer as the manager as well as
the vendor creates a perception of a lack of competition.
The Secretary of Defense is directed to award new military
ground vehicle and aircraft tire management contracts when
the existing base contract expires. The new contract should
prohibit any tire manufacturer from acting as a prime
contractor for the management of the contract. The existing
Navy aircraft tire contracts are exempted provided the
Department of the Navy certifies that these contracts
represent the best value to the government.
Information Operations
The Department of Defense must improve both budgetary and
policy oversight of its strategic communications and
information operations programs. The Department's leadership
has only recently become aware of the variety, scope, and
magnitude of funding associated with these programs across
the services and at all levels within the combatant commands.
Fiscal year 2010 Department of Defense budget justification
materials provided to the Congress initially indicated the
request included nearly one billion dollars across the
Department of Defense and within the services for information
operations programs. However, after the congressional defense
committees made several inquiries during the budget review
process, it was determined by the Department that the budget
request for these activities was actually $626,200,000 for
fiscal year 2010, $360,000,000 less than originally
indicated.
As part of its own efforts, the Department has improved its
ability to account for the vast sums of dollars that have
been spent on these programs in the past, and those being
requested in the current budget submission. However,
throughout the budget review process of the House and Senate
Appropriations
[[Page 32121]]
Committees, repeated questions to the Department about the
execution of appropriated funds and the proposed use of
requested funding were too often answered with varied
responses or admissions of uncertainty. The Congress cannot
be expected to continue supporting programs which lack
accountability and clear direction.
The Department of Defense should formulate, coordinate,
operate and account for its strategic communications and
information operations programs within an enterprise- wide
architecture. This should include designating an individual
or individuals with authority to ensure that the programs
support national security policies and strategies, that they
are properly coordinated with other government departments
and agencies, and that appropriated dollars are obligated,
expended, and accounted for in accordance with the intent
justified and communicated to the Congress, and for the
purposes appropriated. In this regard, the recommendation
concurs with the reporting requirement included in the
National Defense Authorization Act for Fiscal Year 2010
regarding the Department's efforts to develop enterprise-wide
oversight and coordination mechanisms for military strategic
communications and information operations programs. This
report should also include an evaluation of proposals to
establish or empower an office within the Secretary of
Defense with Executive Agent authority over military
strategic communications and information operations programs.
The Congress has a need for better budget justification and
execution documentation for congressional oversight of
information operations program funds. The classified annex to
the Supplemental Appropriations Act for Fiscal Year 2009
included a reporting requirement on Department of Defense
strategic communications programs. The Department should
submit such a report annually with updated informative
materials and data. Accordingly, the Under Secretary of
Defense for Policy, in coordination with the Under Secretary
of Defense (Comptroller), shall submit a strategic
communications and information operations programs report to
the congressional defense committees not later than 30 days
after the submission of the President's annual budget request
to Congress. The report shall include supplemental budget
justification materials for strategic communication programs
to include information operations, psychological operations,
and influence activities of the Department of Defense for
which base budget, supplemental, or overseas contingency
operation funds have been appropriated or requested over the
fiscal year 2007 through 2011 period, including: program
strategies, target audiences, goals, and measures of
effectiveness; budget exhibits at the appropriations account
and sub-activity level; spend plans (including positions and
other direct costs and locations. The report shall include an
annex for necessary explanatory and supporting classified
information. Within this annex the Department should
specifically designate, and include a comprehensive
explanation of, any programs, activities, or operations where
the involvement of the United States Government may be
anything less than publicly acknowledged.
Finally, funding requested for United States Central
Command (CENTCOM) information operations programs in
Afghanistan has grown from $39,900,000 in fiscal year 2008,
to a request of $243,800,000 in fiscal year 2010, a 500
percent increase. Of the $109,700,000 specifically
appropriated for United States Forces--Afghanistan (USFOR-A)
information operations programs in fiscal year 2009, only
$63,400,000 was obligated. The remaining $46,300,000 (42
percent of the appropriation) was used by CENTCOM and the
Army for other purposes in Afghanistan. The large increase in
the funding requested and the ability of CENTCOM to execute
this funding based on its prior year execution is of concern.
Accordingly, the Under Secretary of Defense (Comptroller) is
directed to provide a classified quarterly report to the
congressional defense committees on the obligation and
expenditure of those funds requested and appropriated in
Title IX of this Act, ``Operation and Maintenance, Army'' for
CENTCOM's United States Forces--Afghanistan and External
Information Program--Afghanistan information operation
programs and activities. The report shall identify any of the
funds provided that have been obligated or expended for other
than information operation activities, or transferred either
above or below the reprogramming threshold notification
requirements, and the purposes for which the funds were
otherwise used.
The recommendation makes the following reductions to the
Department of Defense request for information operations and
strategic communications programs:
(In thousands of dollars)
----------------------------------------------------------------------------------------------------------------
Program House Senate Recommended
Account Line adjustment reduction reduction reduction
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance,
Title II
O&M Army................... 134............... Information ........... -18,800 0
Operations.
O&M Army................... 138............... EUCOM Information ........... ........... -2,000
Operations.
O&M Army................... 138............... AFRICOM ........... ........... -3,000
Information
Operations.
O&M Army................... Undistributed..... Information -30,000 ........... 0
Operations.
O&M Air Force.............. 015A.............. CENTCOM ........... ........... -20,000
Information
Operations.
O&M Air Force.............. Undistributed..... Information -49,400 ........... 0
Operations.
O&M DW..................... SOCOM............. Information -16,000 ........... 0
Operations.
Operation and Maintenance,
Title IX
O&M Air Force.............. 015A.............. Information -150,000 -20,000 -25,000
Operations.
O&M Air Force.............. Undistributed..... Information -27,000 ........... 0
Operations.
O&M DW..................... SOCOM............. Information -58,000 -20,000 -50,000
Operations.
----------------------------------------------------------------------------------------------------------------
Army and Air Force Exchange Service
There is deep concern that Army and Air Force Exchange
Service (AAFES) decisions to construct new restaurants will
negatively impact locally-owned restaurants of the same
franchise in the community. Such actions, especially in areas
with economic conditions that cannot support multiple
restaurants of the same franchise, are harmful to the
community. As partners with the community, the Department
should consider these implications when making decisions
about building new retail, restaurant or concessions services
on an installation. Accordingly, the Department is directed
to report to the congressional defense committees within 90
days after enactment of this Act on the decision process to
open new AAFES restaurants at Fort Stewart, and what
considerations were made to account for the potential impact
of such openings on the locally-owned restaurants of the same
franchise.
[[Page 32122]]
[[Page 32123]]
[[Page 32124]]
[[Page 32125]]
[[Page 32126]]
[[Page 32127]]
[[Page 32128]]
[[Page 32129]]
Accountability of Common Access Cards
House Report 111-230 on the Department of Defense
Appropriations Bill, 2010 noted major problems cited by the
Department of Defense Inspector General regarding Common
Access Card abuses by contractors. A program has been
established to provide secure credentials to contractors and
is currently being tested at Fort Belvoir, Virginia. These
steps to address the force protection deficiencies cited by
the Inspector General are encouraging and the Department
should work to continue to improve the process for issuing
Common Access Cards and to improve the security of Department
of Defense facilities.
Junior Reserve Officers' Training Corps
The Junior Reserve Officers' Training Corps (JROTC) helps
instill the essential qualities of character, citizenship,
and fitness in its participants. The Department is commended
for JROTC's proven track record of developing leadership
potential, logical thinking and enhanced oral and verbal
communication skills. JROTC's valuable role is an outlet
through which its participants remain engaged, dedicated and
disciplined in their academic and extracurricular endeavors.
JROTC's emphasis on the importance of high school graduation,
college attendance, and other advanced educational and
employment opportunities which contribute to a successful
future is to be applauded. In order to extend and enhance the
benefits of this invaluable program, the recommendation
provides $12,000,000 above the budget request only for a
pilot program of JROTC units that would expand the scope and
availability of this program in localities that desire to
participate in such a program.
[[Page 32130]]
[[Page 32131]]
[[Page 32132]]
[[Page 32133]]
[[Page 32134]]
[[Page 32135]]
[[Page 32136]]
Naval Air Station, Moffett Field
The future of the Hanger One site at the former Naval Air
Station (NAS) Moffett Field remains uncertain, and the
Department of the Navy and the National Aeronautics and Space
Administration are encouraged to continue to work with the
Office of Management and Budget to reach an expeditious
recommendation for the environmental remediation and
restoration of the facility.
Joint POW/ MIA Accounting Command
The Secretary of Defense is directed that, of the funds
available within Operation and Maintenance, Navy, $67,417,000
shall be for the Joint POW/MIA Accounting Command.
[[Page 32137]]
[[Page 32138]]
[[Page 32139]]
[[Page 32140]]
Water Contamination Claims at Camp Lejeune.
During fiscal year 2010, the Secretary of the Navy may not
dispose of claims filed regarding water contamination at Camp
Lejeune, North Carolina, until the Agency for Toxic
Substances and Disease Registry (ATSDR) fully completes all
current, ongoing epidemiological and water modeling studies
pending as of the date of the enactment of this Act.
[[Page 32141]]
[[Page 32142]]
[[Page 32143]]
[[Page 32144]]
[[Page 32145]]
[[Page 32146]]
[[Page 32147]]
[[Page 32148]]
[[Page 32149]]
[[Page 32150]]
[[Page 32151]]
[[Page 32152]]
Defense Information Systems Agency
Funding for the Senior Leadership Enterprise (SLE), in the
amount of $55,924,000 is restored following a briefing by
representatives from the Defense Information Systems Agency
(DISA). It is concerning that DISA failed to include any
information on SLE in either the classified or unclassified
budget justification documents. Further, DISA failed to
respond to repeated requests for information on SLE prior to
the House mark-up of the fiscal year 2010 Defense
Appropriations bill. Because DISA's request for this new
program lacked any budget justification or explanation, the
House declined to fund the request. The Director, Defense
Information Systems Agency is urged to review the
organization's legislative affairs operations to ensure more
responsive, effective communications with Congress in the
future.
Security and Stabilization Assistance (Section 1207 Authority)
The recommendation includes $97,090,000 for the Security
and Stabilization Assistance Program. It is not anticipated
that additional Department of Defense resources will be
provided to this program in the future. The recommendation is
$100,000,000 below the budget request, which is similar to
the amount recommended for the Complex Crises Fund and
Transitions Initiatives in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010.
The Complex Crises Fund was recently created to provide the
United States Agency for International Development (USAID)
and the Department of State with increased resources and
flexibility to respond to urgent requirements, in much the
same manner and for similar purposes as projects funded under
section 207. The establishment of the Complex. Crises Fund
will enable USAID and the Department of State to meet
emergent requirements that fall under their purview without
relying on the Department of Defense. The $97,090,000
recommended for Security and Stabilization Assistance is
provided as a bridging mechanism until the Complex Crises
Fund is fully implemented. Although future Security and
Stabilization Assistance projects should be funded in USAID
and Department of State budget requests, the Secretary of
Defense, the Director, USAID and the Secretary of State are
directed to maintain and strengthen the interagency process
created from the section 1207 program when formulating,
reviewing, and approving future projects that would have been
funded through section 1207.
Brigade Basing Remediation
The House report expressed concerns regarding the impact on
local communities following a decision by the Secretary of
Defense to reverse the planned growth in the number of Army
Brigade Combat Teams (BCT) from 45 to 48. The report called
for in the House report on efforts by the Department to
mitigate the impact of this decision is of great interest,
and the Department of Defense is expected to act promptly to
prepare this report.
Office of the Under Secretary of Defense (Comptroller) and Chief
Financial Officer
The recommendation provides $2,348,000 for the Office of
the Under Secretary of Defense (Comptroller) and Chief
Financial Officer for the costs associated with the
recruitment, hiring, training, retention and pay for
additional Federal employees to improve fiscal management and
oversight. The Department is strongly urged to exempt the
Office of the Under Secretary of Defense (Comptroller) and
Chief Financial Officer from internal Department headquarters
personnel ceilings if necessary to ensure proper fiscal
management and budget oversight.
Commission on Wartime Contracting
The recommendation includes an additional $3,200,000 for
the Commission on Wartime Contracting, providing a total of
$12,300,000 for Commission operations in fiscal year 2010.
National Security Space Office
The recommendation strongly supports an integrated national
security space architecture planning function that provides
strategic, senior-level decision-making within the Department
of Defense with timely and cogent space system architecture
alternatives. Therefore, the recommendation provides
$7,000,000 for the National Security Space Office (NSSO) and
transfers the management and tasking to the Under Secretary
of Defense for Acquisition, Technology, and Logistics (USD
(AT&L)), Space and Intelligence Office (SIO). This new
arrangement will accomplish the original intent of the office
as the Department of Defense's space architecture planning
organization. Therefore, the USD(AT&L)/SIO is directed to
revise the NSSO charter and provide a roadmap and goals to
the congressional defense committees within 180 days of
enactment of this Act on how this office will be used in
future space system architecture planning.
Military Voting
A number of new authorities have been established in the
National Defense Authorization Act for Fiscal Year 2010 with
regard to military voting. The Department of Defense is
expected to use the necessary resources to implement these
new requirements and to ensure that uniformed servicemembers,
their family members, and overseas citizens have the full
opportunity to vote, particularly at a time when so many
military personnel are serving in combat areas.
[[Page 32153]]
[[Page 32154]]
[[Page 32155]]
[[Page 32156]]
[[Page 32157]]
[[Page 32158]]
[[Page 32159]]
[[Page 32160]]
[[Page 32161]]
[[Page 32162]]
[[Page 32163]]
[[Page 32164]]
[[Page 32165]]
[[Page 32166]]
[[Page 32167]]
Army National Guard Recruiting and Advertising
The Senate reduced funding to Sub-activity Group 434, Other
Personnel Support, based on unjustified growth in recruiting
and advertising between fiscal year 2009 and fiscal year
2010. Since the time of that proposed reduction, the Army
National Guard has adequately justified the budget request
for recruiting and advertising. The reason for the skewed
original analysis was attributed to the amount of funding the
Army National Guard realigns into Sub-activity Group 434 in
the year of execution. In fiscal years 2007-2009, the Army
National Guard realigned between $100,000,000 and
$200,000,000 each year into recruiting and advertising.
Because the Army National Guard has had flexibility to move a
large amount of funding in the past, the recommendation
includes an undistributed reduction to Operation and
Maintenance, Army National Guard due to the migration of
funds from other sources into recruiting and advertising. New
prior approval reprogramming guidelines for the Army National
Guard are addressed in the operation and maintenance
overview.
[[Page 32168]]
[[Page 32169]]
[[Page 32170]]
194th Regional Support Wing
In fiscal year 2010, the Air National Guard had planned to
eliminate 98 essential billets from the 194th Regional
Support Wing. The National Guard Bureau and the Air National
Guard 194th Regional Support Wing are currently in
negotiations to resolve the matter but have yet to reach
final resolution. For this reason, the Secretary of Defense
is directed to retain all of the billets that existed in
fiscal year 2009 for the remainder of fiscal year 2010.
Additionally, the Chief of the Air National Guard is directed
to provide a report on the long term plans for those billets
that had been proposed for elimination in fiscal year 2010.
The report shall be provided to the House and Senate
Committees on Appropriations not later than May 15, 2010. The
Committees plan to reexamine this issue as part of the fiscal
year 2011 budget consideration and urge both the National
Guard Bureau and the 194th Regional Support Wing to make a
good faith effort to reach a fair and reasonable solution.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT
For the Overseas Contingency Operations Transfer Account,
no funds are provided for fiscal year 2010.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For the United States Court of Appeals for the Armed
Forces, $13,932,000 is provided for fiscal year 2010.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
The recommendation provides $423,364,000 for Environmental
Restoration, Army, instead of $415,864,000 as proposed by the
House and $430,864,000 as proposed by the Senate.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
The recommendation provides $285,869,000 for Environmental
Restoration, Navy, as proposed by both the House and the
Senate.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
The recommendation provides $494,276,000 for Environmental
Restoration, Air Force, as proposed by both the House and the
Senate.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The recommendation provides $11,100,000 for Environmental
Restoration, Defense-Wide, as proposed by both the House and
the Senate.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
The recommendation provides $292,700,000 for Environmental
Restoration, Formerly Used Defense Sites, instead of
$277,700,000 as proposed by the House and $307,700,000 as
proposed by the Senate. The adjustments to the budget for
Environmental Restoration, Formerly Used Defense Sites are
shown below:
UXO Remediation..............................................$5,000,000
Other Unfunded Requirements..................................20,000,000
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For Overseas, Humanitarian, Disaster, and Civic Aid,
$109,869,000 is provided for fiscal year 2010.
COOPERATIVE THREAT REDUCTION ACCOUNT
For the Cooperation Threat Reduction Account, $424,093,000
is provided for fiscal year 2010.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
For the Department of Defense Acquisition Workforce
Development Fund, $100,000,000 is provided for fiscal year
2010.
[[Page 32171]]
[[Page 32172]]
Special Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional interest
items for purposes of the Base for Reprogramming Department
of Defense form (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount, as
specifically addressed in these materials.
C-130 Avionics Modernization Program
The recommendation provides no funding in Aircraft
Procurement, Air Force for the C-130 Avionics Modernization
Program given that the fiscal year 2009 funds have thus far
not been put on contract due to a delayed Milestone C
decision. Based on these delays, the funding requested for
fiscal year 2010 is early to need. The Under Secretary of
Defense (Acquisition, Technology, and Logistics) is strongly
encouraged to make a decision on the acquisition strategy and
proceed expeditiously with the program of record in order to
provide this needed capability to Active, Guard, and Reserve
C-130 aircraft.
C-130 Firefighting Capability
The Secretary of the Air Force, the Chief of the Air Force
Reserve and the Director of the National Guard Bureau, are
directed, within 60 days of enactment of this Act, to create
an Integrated Working Group (IWG) in conjunction with the
United States Department of Agriculture Forest Service
(USDAFS) and the Department of the Interior for the purpose
of coordinating the joint use of Federal forest firefighting
assets, and, within 90 days after formation of the IWG, to
submit a report to the congressional defense committees; the
House and Senate Committees on Appropriations, Subcommittees
on Interior; the House Energy and Commerce Committee and
Senate Energy and Natural Resources Committee, detailing the
following:
1. The viability of the Air National Guard, the Air Force
Reserve, and the USDAFS to jointly operate a fleet of new C-
130s procured for the primary purposes of firefighting duties
at the request of the USDAFS, and equipped with the latest
proven firefighting technology.
2. Any and all prior analyses done in the past ten years by
the Department of the Air Force, the National Guard Bureau or
the USDAFS concerning the recapitalization of the national
firefighting fleet.
3. A new business case analysis which examines the cost and
operational effectiveness of procurement of new C-130
aircraft and joint cooperation between the Department of the
Air Force, the National Guard Bureau and the USDAFS for the
firefighting mission as compared to the present approach of
utilizing the current fleet of aging firefighting aircraft
available via commercial operator contracts.
4. Any existing legislative impediments to interagency
cooperation and joint operation of a dedicated firefighting
fleet by the Department of the Air Force, the National Guard
Bureau and the USDAFS.
5. An assessment and accounting of public-private property
losses as well as taxpayer expenses spent annually fighting
forest and wildfires and how such losses can be mitigated by
the described joint firefighting business model with respect
to the Department of the Air Force, the National Guard Bureau
and the USDAFS.
An interim report shall be submitted to Congress not later
than 90 days after enactment of this Act detailing the
progress made on the final report.
Non-Intrusive Inspection Technologies
Vehicle and cargo-borne threats to U.S. forward operating
bases and unmet requests for fielding non-intrusive
inspection (NII) technologies for base access control to
detect hidden weapons, explosives and personnel, increase the
operating risk for our forces. The Secretary of Defense is
directed to prioritize the NII technology needs of the 100
highest-risk bases and submit a schedule for NII technology
procurement for these bases to the congressional defense
committees not later than 30 days after enactment of this
Act.
Joint Strike Fighter
Concerns persist regarding the progress of the F-35 Joint
Strike Fighter (JSF) program. Last year, the Department of
Defense established a Joint Estimating Team (JET) to evaluate
this program. The JET reported that the program would cost
significantly more and take longer to fully develop and test
than the Department was then projecting. Although the JET has
yet to officially report out for 2009, the initial
indications are that cost growth and schedule issues remain.
Nevertheless, the Department insists that the program is on
track to achieve both the cost and schedule currently
reflected in the program of record.
Therefore, the JSF procurement program is provided
$6,840,478,000, and the JSF program is designated as a
congressional special interest item. The Secretary of Defense
is directed to ensure that all 30 aircraft be procured as
requested in the budget. The Under Secretary of Defense for
Acquisition, Technology and Logistics is directed to provide
the findings of the JET along with recent studies on the test
program and causes of cost growth to the congressional
defense committees no later than January 15, 2010.
Reprogramming Guidance for Acquisition Accounts
It is the intent of Congress that the program baseline for
reprogramming funds reflects all approved adjustment actions:
the initial appropriation as well as any rescissions,
supplemental appropriations and approved Department of
Defense 1415 reprogrammings. The Secretary of Defense is
directed to ensure that financial management regulations
incorporate approved reprogramming actions as an adjustment
to the base for reprogramming value.
The Department of Defense is directed to continue to follow
the reprogramming guidance specified in the report
accompanying the House version of the fiscal year 2006
Department of Defense Appropriations Act (H.R. 109-119).
Specifically, the dollar threshold for reprogramming funds
will remain at $20,000,000 for procurement and $10,000,000
for research, development, test, and evaluation. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. The percentage change limitation applies to both
program increases and decreases. Additionally, this
percentage change applies to the program base value at the
time the below threshold movement of funds is executed. These
thresholds are cumulative from the base for reprogramming
value as modified by any adjustment action. Therefore, if the
combined value of transfers into or out of a procurement (P-
1) or research, development, test, and evaluation (R-1) line
exceeds the identified threshold, the Department of Defense
must submit a prior approval reprogramming request to the
congressional defense committees. In addition, guidelines on
the application of prior approval reprogramming procedures
for congressional special interest items are established
elsewhere in this report. This guidance is effective for
fiscal year 2010 and forward.
Reprogramming Reporting Requirements
The Under Secretary of Defense (Comptroller) is directed to
continue to provide the congressional defense committees
quarterly, spreadsheet-based DD1416 reports for service and
defense-wide accounts in titles III and IV of this Act as
required in the statement of the managers accompanying the
conference report on the Department of Defense Appropriations
Act, 2006.
Funding Increases
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
table.
[[Page 32173]]
[[Page 32174]]
[[Page 32175]]
[[Page 32176]]
[[Page 32177]]
[[Page 32178]]
[[Page 32179]]
[[Page 32180]]
[[Page 32181]]
[[Page 32182]]
Bradley Fighting Vehicle
The various versions of the Bradley Fighting Vehicle family
have continued to provide excellent performance in combat
operations. The Bradleys have assumed a heavy workload in
Iraq and have achieved survivability goals second only to the
MI Abrams Tank. However, there are concerns that the
termination of the Future Combat Systems manned ground
vehicles has created considerable uncertainty regarding the
current Bradley. Congress has been consistent in its strong
support for robust Bradley programs, providing $784,600,000
for Bradley reset and remanufacture in the Supplemental
Appropriations Act, 2009. The Army is strongly urged to
sustain the Bradley industrial base by accomplishing vehicle
restoration and reset efforts to the zero hours, zero miles
standard plus survivability upgrades.
The recommendation fully supports the fiscal year 2010
budget request for Bradley modifications of $526,356,000 in
base budget funding, plus $243,600,000 for overseas
contingency operations, for a total of $769,956,000. The Army
is expected to apply the funding to sustain the Bradley
industrial base, continue upgrades of Bradley Operation
Desert Storm (ODS) variants to the ODS Situational Awareness
variant, and reset Bradley Fighting Vehicles to the zero
hours, zero miles standard, plus 963 survivability
enhancements. The Army is encouraged to include Bradley
Fighting Vehicles from prepositioned equipment sets in the
rotation through the reset and remanufacture program.
It is understood that the Army's M-113 divestiture decision
will affect approximately 4,100 M-113 type vehicles,
including ambulance, mortar, command post and fire support
variants. Strong consideration should be given to replacing
these vehicles in the Heavy Brigade Combat Teams with a
Bradley-based vehicle to leverage the Bradley's track record
of proven performance as well as the existing logistics
support.
There is a disparity in digital data management between the
engineer units in certain Heavy Brigade Combat Teams and the
infantry and tank units that they support. The digital
brigades have digital Abrams Tanks, matched with digital A3
Bradleys, but the engineers have non-digital Bradley ODS
variants, which limits the engineers' ability to be fully
integrated into the information network. The Army is urged to
procure Bradley A3 variants with digital configuration for
engineer units in heavy brigades that have the Bradley A3 and
M1A2 System Enhancement Package Abrams tank.
Added survivability enhancements and other improvements
have increased the weight of the Bradley Fighting Vehicle and
adversely impacted some aspects of performance. The Army is
expected to give strong consideration to Space, Weight, and
Power improvements with the funds provided in Research,
Development, Test and Evaluation, Army and to incorporate
these improvements into the fleet at the earliest
opportunity.
In addition, the recommendation fully supports the Army's
M109 Paladin Howitzer/Field Artillery Ammunition Resupply
Vehicle Integrated Management (PIM) program for fiscal year
2010, including a transfer of $91,500,000 from the
procurement request to the Research, Development, Test and
Evaluation, Army appropriation. The Vietnam-era M109 Paladin
self-propelled howitzer requires major upgrades in mobility,
maintainability and reliability and the PIM program, which
incorporated an upgraded turret and fire control system with
a Bradley Fighting Vehicle chassis, offers vast improvements
in mobility and fire support. The Army is urged to move ahead
promptly with the Paladin PIM program.
[[Page 32183]]
[[Page 32184]]
[[Page 32185]]
[[Page 32186]]
Ammunition Facilities and Equipment
The Army is planning to transfer or consolidate government-
owned ammunition assets to private ammunition manufacturers.
In order to ensure a comprehensive understanding of these
plans, the Secretary of the Army is directed to provide a
report to the congressional defense committees not later than
60 days after enactment of this Act on any plans to
consolidate government-owned ammunition production assets or
to transfer by sale, lease, loan or donation government-owned
ammunition production equipment or facilities to a private
ammunition manufacturer. The report shall include the
Secretary of the Army's assessment of the following: a cost-
benefit risk analysis for consolidating or transferring
government-owned ammunition production equipment or
facilities to private ammunition manufacturers, including
cost-savings comparisons; a projection of the impact on the
ammunition production industrial base in the United States of
consolidating or transferring such equipment or facilities to
private ammunition manufacturers; a projection of the
capability to meet current and future ammunition production
requirements by both government-owned and private ammunition
manufacturers, as well as a combination of the two sources of
production assets; and the potential impact on national
security and military readiness.
Furthermore, if additional consolidation or transfers are
required during fiscal year 2010 and are not addressed in the
report submitted to the congressional defense committees, the
Secretary of the Army is directed to certify to the
congressional defense committees that the transfer or
consolidation will not increase the cost of ammunition
procurement or negatively impact national security, military
readiness, government ammunition production or the United
States ammunition production industrial base.
Finally, there is an existing contract to operate the Milan
and Iowa Army Ammunition Plants (AAP) that would transform,
at the contractor's expense, the Iowa AAP into a Joint
Munitions Load, Assemble and Pack facility and transform the
Milan AAP into a Logistics Center of Excellence/Joint
Munitions Storage and Distribution Center by 2011. The
Secretary of the Army is directed to notify the congressional
defense committees not later than 30 days prior to any
modification to this contract. In addition, the Government
Accountability Office (GAO) is directed to conduct an audit
on the amount and sources of funds used in furtherance of
this contract.
[[Page 32187]]
[[Page 32188]]
[[Page 32189]]
[[Page 32190]]
[[Page 32191]]
[[Page 32192]]
[[Page 32193]]
[[Page 32194]]
[[Page 32195]]
[[Page 32196]]
[[Page 32197]]
[[Page 32198]]
Army Truck Program
Concerns persist regarding the absence of an overall truck
acquisition strategy to guide the Army's plans and programs.
It is not clear that the Army has conducted the needed
analyses for sound acquisition plans or to reap potential
savings. Not later than 180 days after the enactment of this
Act, the Secretary of the Army shall provide a report to the
congressional defense committees detailing the Army's
acquisition strategy for future truck procurement.
Networked Communications Capabilities
The recommendation continues to support the overall
objectives of the Joint Tactical Radio System (JTRS) program,
but concerns remain about the technical risk, cost and
availability of the JTRS radios. While the JTRS family of
radios and waveforms has successfully tested several variants
and demonstrated key networking waveforms, full testing
objectives have not been realized. The Secretary of Defense
is encouraged to examine lower-risk approaches to bridge the
networked communications gap while providing interoperability
and moving toward a competitive radio business model.
Competition is encouraged between legacy and commercially
available radios and waveforms that meet the majority of JTRS
approved standards until such time as the JTRS radios are
fielded. Additionally, the Assistant Secretary of Defense for
Networks and Information Integration is encouraged to examine
the cost effectiveness of such an approach and to submit a
report to the congressional defense committees not later than
March 15, 2010, with recommendations for closing any
networked communications capability gap with commercially
available and legacy radios and waveforms.
Modification of In-Service Equipment
According to accounting reports, the Army has over
$1,284,000,000 in prior year funding available for
Modification of In-Service Equipment, Budget Activity-1.
Therefore, the recommendation provides $2,314,000 for this
program in fiscal year 2010, a reduction of $8,000,000.
Additionally, due to the large prior year funding balance,
the recommendation includes a reduction of $195,950,000 in
the title IX portion of this program.
Rapid Equipping Force
For fiscal year 2010, the recommendation provides
$13,370,000 for Rapid Equipping Force funding, a reduction of
$35,400,000 from the budget request due to funding available
in prior year accounts. There is concern with the Army's
demand driven approach in providing Soldier Wearable Acoustic
Targeting Systems (SWATS) to soldiers, and a strong belief
that the equipment should be made available to all deploying
units, not just those units submitting Urgent Needs
Statements.
The Supplemental. Appropriations Act, 2009 provided
$50,000,000 for SWATS. However, the slow pace of obligating
available funding for the life-saving SWATS, and the lack of
urgency in establishing a basis of issue plan and making it a
Program of Record causes concern. The Army is expected to
correct the situation quickly.
The Secretary of the Army has yet to provide a report on
the acquisition objective and basis of issue plan for both
vehicular and soldier wearable sniper detection equipment as
directed in the Joint Explanatory Statement accompanying the
Supplemental Appropriations Act, 2009. The report shall be
provided to the congressional defense committees not later
than 60 days after enactment of this Act.
[[Page 32199]]
[[Page 32200]]
[[Page 32201]]
[[Page 32202]]
[[Page 32203]]
[[Page 32204]]
[[Page 32205]]
F-18 Aircraft
The variants of the F-18 aircraft have been the workhorses
of the Navy's aviation fleet for a generation. Consistent
with the National Defense Authorization Act for Fiscal Year
2010, a multi-year procurement strategy has been approved to
complete the procurement of the F-18E/F/G aircraft as the
Navy transitions to the Joint Strike Fighter aircraft.
[[Page 32206]]
[[Page 32207]]
[[Page 32208]]
[[Page 32209]]
[[Page 32210]]
[[Page 32211]]
[[Page 32212]]
[[Page 32213]]
[[Page 32214]]
[[Page 32215]]
Shipbuilding
The fiscal year 2010 shipbuilding budget request from the
Department once again falls short of the quantity of ten
ships nominally required to reach and maintain the required
fleet size of 313 ships. Further, the Department's revised
acquisition strategy for the Littoral Combat Ship, solidified
after the submission of the budget, has reduced the requested
number of ships from a quantity of eight to a quantity of
seven. In an effort to position the Department to request
additional ship quantities in fiscal year 2011, the
recommendation includes an additional $170,000,000 of advance
procurement funding for the LHA (Replacement) helicopter
assault ship and $250,000,000 of additional advance
procurement funding for the DDG-51 Guided Missile Destroyer
program.
Common Hull Forms
The Navy has discussed in testimony the use of existing
hull forms for the design of future ships in an effort to
reduce the cost of these ships. Candidate ships include, but
are not limited to the replacement command ship, future dock
landing ships, future surface combatant, and hospital ships.
Candidate hull forms include, but are not limited to, the
LPD-17, T-AKE, National Security Cutter, Patrol Coastal and
DDG-51 hull forms all currently in use. This initiative
continues to have strong support and the Secretary of the
Navy is directed to submit a report that outlines the
benefits of using an existing hull form for future ship
construction. The report should include candidate hull forms,
candidate ship classes (including survivability
requirements), potential cost savings (including under multi-
year procurement authority), and the timeframe of when the
decision would be made to use an existing hull form for
future designs. This report should be submitted to the
congressional defense committees not later than March 15th,
2010.
Littoral Combat Ship (LCS)
The recommendation includes $1,080,000,000 for the
construction of two Littoral Combat Ships (LCS), a reduction
of $300,000,000 and one ship from the budget request. This
adjustment properly prices the program and is consistent with
the Navy's revised acquisition strategy for the LCS program
which calls for down selecting to a single ship design in
fiscal year 2010, versus the two designs that the program has
been carrying. The recommendation supports this strategy
which should result in reduced program costs as a result of
reducing the overhead within the program. Further, the
recommendation provides an additional $60,000,000 to the LCS
research and development program for the development of a
technical data package that will allow a future second source
of the winning LCS design.
Additionally, in compliance with previous congressional
direction, the Assistant Secretary of the Navy for Research,
Development, and Acquisition (ASN (RDA)) provides the
congressional defense committees a monthly progress report on
LCS construction costs. Presently, these reports provide cost
information only for the first two LCS platforms (LCS-1 and
LCS-2). The ASN (RDA) is directed to provide the same monthly
cost reports for LCS-3 and LCS-4 upon enactment of this Act.
Leasing of Foreign Built Ships
There exists strong interest in the impact that the review
of future requirements in the Quadrennial Defense Review will
have on the Navy's practice of leasing foreign built ships.
Therefore, the Secretary of the Navy is directed to update
its March 2008 report on the use of such leases and address
impacts on American seafarers, sealift capabilities, and
naval shipbuilding.
DDG-51 Guided Missile Destroyer
The recommendation includes $578,996,000, an increase of
$250,000,000 above the budget request, for advance
procurement of components for the two DDG-51 destroyers
planned in fiscal year 2011. The recommendation fully
supports re-start of the DDG-51 program and provides
additional funding in an effort to re-start the program in a
more efficient and cost effective manner.
[[Page 32216]]
[[Page 32217]]
[[Page 32218]]
[[Page 32219]]
[[Page 32220]]
[[Page 32221]]
[[Page 32222]]
[[Page 32223]]
[[Page 32224]]
[[Page 32225]]
[[Page 32226]]
[[Page 32227]]
Ship Service Turbine Generator Rotors
The budget request includes $3,330,000 for an Ohio-class
submarine Ship's Service Turbine Generator (SSTG) rotor. The
recommendation provides no funds for the rotor because the
procurement does not result in a usable end item in violation
of the full funding policy. The Secretary of the Navy is
urged to submit a fiscal year 2010 reprogramming request that
fully funds the SSTG rotor in order to support the planned
installation schedule.
Weapons Range Support Equipment
Due to carryover of production engineering funding in.the
weapons range support equipment program, the recommendation
reduces the program by $1,000,000. This reduction is to be
applied only against the fiscal year 2010 production
engineering funding and shall not reduce funds available for
completion of auxiliary systems in support of Magnetic
Silencing Facility military construction.
[[Page 32228]]
[[Page 32229]]
[[Page 32230]]
[[Page 32231]]
[[Page 32232]]
[[Page 32233]]
[[Page 32234]]
[[Page 32235]]
[[Page 32236]]
[[Page 32237]]
[[Page 32238]]
[[Page 32239]]
[[Page 32240]]
[[Page 32241]]
[[Page 32242]]
C-17 GLOBEMASTER III
The recent actions of the Air Force to address and curtail
the wide use of undefinitized contract actions (UCA) are
encouraging. To further encourage a sense of urgency to
reduce the number of UCAs, bill language has been included
that limits obligations for modifications until all C-17 UCAs
funded with prior year ``Aircraft Procurement, Air Force''
funds are definitized or certifications of need are made by
the Secretary of the Air Force.
The Under Secretary of Defense (Acquisition, Technology and
Logistics) (USD(AT&L)) is directed to review contracting
procedures within the Air Force and provide a report to the
congressional defense committees not later than 90 days after
enactment of this Act detailing a strategy to reduce current
and minimize further undefinitized contracts in the Air
Force. Additionally, the USD(AT&L) is directed to provide to
the congressional defense committees a consolidated list of
undefinitized contracts within the Department of Defense by
November 15 and April 15 of each year.
The recommendation provides an additional $2,500,000,000
for the procurement of ten C-17 aircraft, associated spares,
support equipment and training equipment as required.
Operational Support and VIP Special Airlift Mission Aircraft
The recommendation includes $220,444,000 for operational
support and VIP special mission aircraft, which is the amount
and quantity requested by the President. The Department of
Defense maintains a number of aircraft to provide safe and
secure transportation for senior government officials as well
as the Combatant Commanders and other senior military
leadership. The fleet of aircraft is aging creating
maintenance and reliability issues. For example, the
Department of Defense grounded the C-9 aircraft within the
fleet due to several safety of flight issues. Accordingly,
the Secretary of Defense is directed to provide a report on
the health of the fleet, inventory requirements and the plans
to sustain and upgrade the aircraft in the future to the
congressional defense committees, within 90 days after
enactment of this Act.
[[Page 32243]]
[[Page 32244]]
[[Page 32245]]
[[Page 32246]]
Evolved Expendable Launch Vehicle
There is concern that the Air Force has not established a
robust process for managing content on the Evolved Expendable
Launch Vehicle (EELV) Launch Capabilities contract.
Therefore, the Secretary of the Air Force is directed to
establish a formal systems engineering process which includes
the National Reconnaissance Office as the functional manager
for space launch for the Intelligence Community, as a voting
member, in order to prioritize and manage all efforts
encompassed by the EELV Launch Capabilities contract.
Multi-Satellite Vehicle Procurement Strategies
The language on multi-satellite vehicle procurement
strategy as described in House Report 111-230 is supported in
the recommendation. In addition to the programs listed in
House Report 111-230, the five year investment strategy is
also directed to consider Wideband Global Satellite and
Advanced Extremely High Frequency satellite systems for
future multi-vehicle purchases.
[[Page 32247]]
[[Page 32248]]
[[Page 32249]]
[[Page 32250]]
[[Page 32251]]
[[Page 32252]]
[[Page 32253]]
[[Page 32254]]
Base Information Infrastructure
The fiscal year 2010 budget request includes $425,780,000
for the Combat Information Transport System (CITS), an
increase of $88,590,000 from the amount appropriated in
fiscal year 2009. This requested increase stemmed from a
requirement to modernize the information transport system at
stand-alone Air National Guard (ANG) bases. While there is
support for funding the ANG requirement, it is recognized
that the CITS program has yet to obligate $126,700,000 in
fiscal year 2008 funding, and, despite reallocating over
$90,000,000 away from CITS, the service has yet to obligate
an additional $87,500,000 in fiscal year 2009 funding.
Therefore, the Base Information Infrastructure request is
reduced by $100,000,000, and the Secretary of the Air Force
is directed to allocate no less than $100,000,000 of the
appropriated amount to Air National Guard modernization.
[[Page 32255]]
[[Page 32256]]
[[Page 32257]]
[[Page 32258]]
[[Page 32259]]
[[Page 32260]]
[[Page 32261]]
Combat Mission Requirements
The Commander, Special Operations Command, is directed to
submit quarterly reports to the congressional defense
committees on the use of funds provided in this title for
Special Operations Command combat mission requirements.
[[Page 32262]]
[[Page 32263]]
[[Page 32264]]
[[Page 32265]]
[[Page 32266]]
Joint Light Tactical Vehicle
The budget request includes a total of $90,099,000 to
continue technology development for the Joint Light Tactical
Vehicle (JLTV). The acquisition strategy involves competitive
prototyping of vehicles from three contractors, followed by a
down-select to two vehicles in fiscal year 2011 to proceed
into the engineering and manufacturing development phase of
the program. The recommendation fully supports this
development strategy, which shares a number of elements of
the reforms that have been written into law by the Weapon
Systems Acquisition Reform Act of 2009. However, the program
has yet to demonstrate itself as a model for a successful
development program despite the reformed acquisition
strategy. The funding profile has not changed despite a four
month delay in initiating the program. Deficiencies in
billings have resulted in the program falling far behind the
financial benchmarks established by the Department of
Defense. Program management has been complicated due to the
different funding strategies pursued by the Army and the
Marine Corps. There is great concern that of the $217,255,000
Congress has approved for JLTV since fiscal year 2007, only
$53,128,000 had been expended through the end of fiscal year
2009. Despite these challenges, information has been provided
that the program is proceeding in accordance with its revised
schedule, billing errors are being addressed, budget
execution is being corrected and prior year funding will be
exhausted in 2010. Based upon these assurances, the
recommendation contains full funding for the budget request.
Careful oversight of program execution and military
requirements will continue to ensure the commitment of the
Army and Marine Corps to the success of the program.
Ejection Seats
The US16E ejection seat was competitively selected as the
ejection seat for the F-35 Joint Strike Fighter. The progress
made on this ejection seat is encouraging and the program of
record is fully supported.
Energetics
House language noted that the efforts of the military
Services as coordinated through the Office of the Secretary
of Defense, with the Department of Energy, have led to steady
progress in the last decade in advancing the science of
energetics and revitalizing the research and development
workforce.
However, a report on energetics in the Department of
Defense, as directed in House Report 110-652, and which was
to be provided to the congressional defense committees not
later than March 1, 2009, was completed June 2009, and was
finally delivered September 2, 2009.
House language recommended that the Department of Defense
capitalize on best practices within the individual Services
to advance the state of the energetics field, and directed
that no funds be expended for the creation of a new Executive
Agent or Executive Director for Advanced Energetics. The
Senate included no similar language.
The recommendation includes no language regarding the use
of funds for the creation of a new Executive Agent or
Executive Director for Advanced Energetics and directs
instead that the Secretary of Defense shall provide a report
to the congressional defense committees not later than
October 1, 2010, on progress being made on the findings and
actions in the June 2009 report.
Domestic Energy Production
There is concern that a plan has not been presented to fund
continued development and risk mitigation of domestic gas
centrifuge enrichment technology during fiscal year 2010.
Despite that, there is support for efforts to develop
domestic gas centrifuge enrichment technology so that it can
move to commercial scale uranium enrichment operations and
potentially serve as a domestic source of fuel for nuclear
power and the enrichment requirements of the defense
community. Therefore, the Secretary of Defense, in
consultation with the Department of Energy, is urged to
explore utilizing all possible existing statutory authority
to fund this important activity and to report to the
Committees on Appropriations of both the House and Senate no
later than 30 days following enactment of this Act regarding
funding options.
Special Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional interest
items for purposes of the Base for Reprogramming Department
of Defense form (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount, as
specifically addressed in these materials.
Reprogramming Guidance for Acquisition Accounts
It is the intent of Congress that the program baseline for
reprogramming funds reflects all approved adjustment actions:
the initial appropriation as well as any rescissions,
supplemental appropriations and approved Department of
Defense 1415 reprogrammings. The Secretary of Defense is
directed to ensure that financial management regulations
incorporate approved reprogramming actions as an adjustment
to the base for reprogramming value.
The Department of Defense is directed to continue to follow
the reprogramming guidance specified in the report
accompanying the House version of the fiscal year 2006
Department of Defense Appropriations Act (H.R. 109-119).
Specifically, the dollar threshold for reprogramming funds
will remain at $20,000,000 for procurement and $10,000,000
for research, development, test, and evaluation. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. The percentage change limitation applies to both
program increases and decreases. Additionally, this
percentage change applies to the program base value at the
time the below threshold movement of funds is executed. These
thresholds are cumulative from the base for reprogramming
value as modified by any adjustment action. Therefore, if the
combined value of transfers into or out of a procurement (P-
1) or research, development, test, and evaluation (R-1) line
exceeds the identified threshold, the Department of Defense
must submit a prior approval reprogramming request to the
congressional defense committees. In addition, guidelines on
the application of prior approval reprogramming procedures
for congressional special interest items are established
elsewhere in this report. This guidance is effective for
fiscal year 2010 and forward.
Reprogramming Reporting Requirements
The Under Secretary of Defense (Comptroller) is directed to
continue to provide the congressional defense committees
quarterly, spreadsheet-based DD 1416 reports for service and
defense-wide accounts in titles III and IV of this Act as
required in the statement of the managers accompanying the
conference report on the Department of Defense Appropriations
Act, 2006.
Funding Increases
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
table.
[[Page 32267]]
[[Page 32268]]
[[Page 32269]]
[[Page 32270]]
[[Page 32271]]
[[Page 32272]]
[[Page 32273]]
[[Page 32274]]
[[Page 32275]]
[[Page 32276]]
[[Page 32277]]
[[Page 32278]]
[[Page 32279]]
[[Page 32280]]
[[Page 32281]]
[[Page 32282]]
[[Page 32283]]
[[Page 32284]]
[[Page 32285]]
[[Page 32286]]
[[Page 32287]]
[[Page 32288]]
[[Page 32289]]
[[Page 32290]]
[[Page 32291]]
[[Page 32292]]
[[Page 32293]]
[[Page 32294]]
[[Page 32295]]
[[Page 32296]]
[[Page 32297]]
Enhanced Medium Altitude Reconnaissance and Surveillance System
The fiscal year 2010 budget request includes $210,035,000
in Research, Development, Test and Evaluation, Army to
initiate the restructured Aerial Common Sensor (ACS) program.
However, the Department of Defense has advised that the ACS
has been terminated as a program of record and established in
its place the Enhanced Medium Altitude Reconnaissance and
Surveillance System (EMARSS), which provides a fixed-wing,
multi-sensor, integrated intelligence, surveillance and
reconnaissance capability to the warfighter. Additionally,
the fiscal year 2010 Overseas Contingency Operations (OCO)
budget request includes $105,000,000 to procure EMARSS C-12
aircraft and to modify those aircraft with special mission
hardware as a quick reaction capability to satisfy theater-
based requirements. The Department based its OCO request on
the assumption that ACS would not deliver capability to the
war fighter for several years. However, with EMARSS selected
as a new program of record in lieu of ACS, the EMARSS quick
reaction capability request is duplicative of the program of
record, and under current schedules, system deliveries for
the program of record are expected shortly after deliveries
of the so-called quick reaction capability. Accordingly, the
recommendation provides no funding in the OCO title for
procurement and modification of C-12 aircraft. In order to
establish EMARSS as a program of record while fulfilling
urgent theater-based fielding requirements, the
recommendation includes $116,035,000 in Research,
Development, Test and Evaluation, Army, to fully fund the new
EMARSS program of record and to accelerate its fielding while
establishing a standardized, sustainable intelligence,
surveillance and reconnaissance program.
Report on the Use of Live Primates in Training Relating to Chemical and
Biological Agents
The Secretary of Defense is directed to submit to the
congressional defense committees, not later than 90 days
after the date of the enactment of this Act, a report setting
forth a detailed description of the requirements for use by
the Department of Defense of live primates at the United
States Army Medical Research Institute of Chemical Defense,
and elsewhere, to demonstrate the effects of chemical or
biological agents or chemical (such as physiostigmine) or
biological agent simulants in training programs. The report
shall include, at a minimum, the following:
(1) The number of live primates used in the training;
(2) The average lifespan of primates from the point of
introduction into such training programs;
(3) An explanation as to why the use of primates in such
training is more advantageous and realistic than the use of
human simulators or other alternatives; and
(4) An estimate of the cost of converting from the use of
primates to human simulators in such training.
[[Page 32298]]
[[Page 32299]]
[[Page 32300]]
[[Page 32301]]
[[Page 32302]]
[[Page 32303]]
[[Page 32304]]
[[Page 32305]]
[[Page 32306]]
[[Page 32307]]
[[Page 32308]]
[[Page 32309]]
[[Page 32310]]
[[Page 32311]]
[[Page 32312]]
[[Page 32313]]
[[Page 32314]]
[[Page 32315]]
[[Page 32316]]
[[Page 32317]]
[[Page 32318]]
[[Page 32319]]
Presidential Helicopter
The House report directed the Secretary of Defense to
report on the use of certain funds for the VH-71 Presidential
Helicopter. The Senate report contained no similar language.
The recommendation does not retain the House language.
Bone Marrow Registry
The recommendation includes $31,500,000 for the Department
of the Navy, to be administered by the C.W. Bill Young Marrow
Donor Recruitment and Research Program, also known as and
referred to within the Naval Medical Research Center as the
Bone Marrow Registry. Funds appropriated for the C.W. Bill
Young Marrow Donor Recruitment and Research Program shall
remain available only for the purposes for which they were
appropriated, and may only be obligated for the C.W. Bill
Young Marrow Program. This donor center has recruited more
than 525,000 Department of Defense volunteers and provides
more marrow donors per week than any other donor center in
the nation. More than 3,360 servicemembers and other
Department volunteers from this donor center have provided
marrow to save the lives of patients. The success of this
national and international life-saving program for military
and civilian patients, which now includes more than 7,500,000
potential volunteer donors, is admirable. Further, the
agencies involved in contingency planning are encouraged to
continue to include the C.W. Bill Young Marrow Donor
Recruitment and Research Program in the development and
testing of their contingency plans. The Department of Defense
form (DD Form 1414) shall show this as a congressional
interest item. The Department of Defense is further directed
to release all the funds appropriated for this purpose to the
C.W. Bill Young Marrow Donor Recruitment and Research Program
within 60 days of the enactment of this Act.
[[Page 32320]]
[[Page 32321]]
[[Page 32322]]
[[Page 32323]]
[[Page 32324]]
[[Page 32325]]
[[Page 32326]]
[[Page 32327]]
[[Page 32328]]
[[Page 32329]]
[[Page 32330]]
[[Page 32331]]
[[Page 32332]]
[[Page 32333]]
[[Page 32334]]
[[Page 32335]]
[[Page 32336]]
[[Page 32337]]
[[Page 32338]]
Aerial Refueling Tanker Program
The recommendation includes $15,000,000 in Research,
Development, Test and Evaluation, Air Force for program
management and a general provision providing $291,715,000 in
a Tanker Replacement Transfer Fund.
Not later than 10 days after the release of the final
request for proposal soliciting bids for an aerial tanker
replacement aircraft, the Secretary of the Air Force is
directed to submit a report to the congressional defense
committees that includes a description of changes from the
draft proposal to the final request for proposal and the
rationale for each change.
The Secretary of the Air Force is encouraged to pursue
tanker recapitalization at a rate of 36 aircraft per year
instead of 12 or 15 aircraft in the current plan. This
quantity will recapitalize the fleet in one-third the time
and allow for a rapid retirement of the aging KC-135
aircraft. Furthermore, a more accelerated procurement
strategy will avoid the large sustainment and modernization
costs associated with keeping the legacy KC-135 fleet in the
inventory longer.
Modular Aerial Spray System (MASS) Replacement
The modular aerial spray system (MASS) is maintained by the
Air Force Reserve and is the only fixed-wing aerial spray
capability in the Department of the Defense. The current
program is over 20 years old and is becoming increasingly
difficult to maintain, leading to increased cost and the
inability to conduct required missions. There is presently no
recapitalization plan to replace the system. The Secretary of
the Air Force is encouraged to pursue a recapitalization
program in order to maintain this needed capability.
Evolved Expendable Launch Vehicle Common Upper Stage
The recommendation includes $20,000,000 to study options
and begin research and development to achieve a common upper
stage between the Atlas and Delta launch vehicle families.
The Air Force is urged to develop a process to modify Delta
IV RL-10 upper stage engines to the Atlas V RL-10
configuration to enable more efficient use of the existing
RL-10 inventory. The study shall also investigate how to
modify the upper stage(s) to enable Centaur and the Delta
Cryogenic Second Stage to use a common RL-10 engine and other
potential modifications to achieve a truly common upper
stage.
Evolved Expendable Launch Vehicle Sustainment Plan
The Secretary of the Air Force, in consultation with the
Director of the National Reconnaissance Office, is directed
to submit an Evolved Expendable Launch Vehicle sustainment
plan as described in House Report 111-230 to the
congressional defense committees with the fiscal year 2011
budget submission.
15-Year Space System Investment Strategy
The recommendation supports language on a long-term space
system investment strategy as described in House Report 111-
230. The investment strategy is directed to span 15 years
rather than the originally proposed 30 years. In addition,
the Under Secretary of Defense (Acquisition, Technology and
Logistics) is directed, in coordination with the Secretary of
the Air Force and the Under Secretary of Defense
(Intelligence), to deliver this Space System Investment
Strategy to the congressional defense committees not later
than May 1, 2010. As necessary, the report should contain a
classified appendix.
National Polar-orbiting Operational Environmental Satellite System
There is concern about the executability and management of
the National Polar-orbiting Operational Environmental
Satellite System (NPOESS) program. Therefore, it is directed
that not more than 50 percent of the funds made available to
the Department of Defense for the NPOESS program shall be
obligated or expended until the Under Secretary of Defense
(Acquisition, Technology and Logistics) certifies in writing
to the congressional defense committees that the NPOESS
program is being executed in support of the requirements,
timelines and acquisition policies needed to meet Department
of Defense missions.
The Secretary of Defense is directed, in consultation with
the National Oceanic and Atmospheric Administration and the
National Aeronautics and Space Administration, to perform an
independent cost analysis of all recommended programmatic and
acquisition alternatives. This analysis shall be submitted to
the Committee on Appropriations, Subcommittees on Defense and
Commerce, Justice, Science and Related Agencies, of both the
House and Senate, in addition to any other congressional
oversight committee before any contract changes are signed
and any major documents are revised by the government.
Operationally Responsive Space
The Director of the Operationally Responsive Space program
office is urged to provide the congressional defense
committees with independent cost, schedule and performance
estimates prior to initiating any satellite development
activity.
[[Page 32339]]
[[Page 32340]]
[[Page 32341]]
[[Page 32342]]
[[Page 32343]]
[[Page 32344]]
[[Page 32345]]
[[Page 32346]]
[[Page 32347]]
[[Page 32348]]
[[Page 32349]]
[[Page 32350]]
[[Page 32351]]
[[Page 32352]]
[[Page 32353]]
[[Page 32354]]
[[Page 32355]]
[[Page 32356]]
[[Page 32357]]
[[Page 32358]]
[[Page 32359]]
[[Page 32360]]
DARPA New Start Programs
The Defense Advanced Research Projects Agency's (DARPA's)
fiscal year 2010 budget request includes $135,170,000 for new
start programs, a significant increase over the $28,000,000
executed for new starts in fiscal year 2009 and the
$16,000,000 executed for new starts in fiscal year 2008. The
recently appointed Director of DARPA did not have an
opportunity to adjust DARPA's fiscal year 2010 budget
submission to reflect the new administration's priorities.
Additionally, management changes instituted to address
DARPA's historic budget execution challenges are likely to
require some time before taking effect.
Therefore, the recommendation denies all funding for the
requested new start programs. Instead, following the receipt
of additional information from the new DARPA Director, the
recommendation provides $85,000,000 in multiple program
elements, as requested by the Director, for fiscal year 2010
new starts to be selected by the Director in fiscal year
2010. None of these funds may be obligated until the Director
provides details to the congressional defense committees on
the programs to be initiated, to include descriptions,
program objectives, the expected duration of the DARPA effort
and associated out-year funding requirements and planned
technology readiness levels to be achieved by DARPA and
Service transition partners. This is an exception to
conventional budgeting procedures and the Director of DARPA
is directed to use established budgeting procedures for its
fiscal year 2011 budget submission.
Rapid Exploitation of Innovative Technologies in all Areas of Science
and Technology
The recommendation provides $4,500,000 for fiscal year 2010
new starts in Rapid Exploitation of Innovative Technologies
(REITS) and directs the Commander, Special Operations
Command, to provide quarterly reports to the congressional
defense committees on the use of any current fiscal year or
prior year funds provided for REITS, to include individual
project schedules, cost estimates and transition plans. The
Commander, Special Operations Command, is further directed to
submit an annual report to the congressional defense
committees on the actual cost, schedule to complete and
transition to operational use or further development for all
projects for which REITS funds were executed.
Ground-Based Missile Defense
In addition to the reporting requirements contained in
Sections 232 and 233 of H.R. 2647, the National Defense
Authorization Act for Fiscal Year 2010, the Director of the
Missile Defense Agency (MDA) is directed to provide a report
on how MDA will utilize the funds in the Ground-based
Midcourse Defense (GMD) program in fiscal year 2010 to
maintain the Ground-Based Interceptor (GBI) production line.
The report shall identify the number of GBIs that are being
produced in fiscal year 2010. Furthermore, the report shall
include a discussion of MDA's GMD Analysis of Alternatives
that was conducted as a result of U.S. Northern Command's
Ballistic Missile Defense study that was provided to MDA in
October 2008. These reports shall be submitted to the
congressional defense committees at the same time the
President submits the fiscal year 2011 budget request to
Congress.
Ballistic Missile Defense Test and Targets
There is strong support for a robust testing program for
the Missile Defense Agency (MDA). In December of 2008, the
Director of MDA initiated a review of the entire Ballistic
Missile Defense test program and developed the Integrated
Master Test Plan (IMTP) that was signed in late July 2009,
well after the submission of the fiscal year 2010 budget
request. The IMTP's primary purpose is to establish and
document the executable test baseline program from fiscal
year 2010 and out to satisfy critical engagement conditions
and empirical measurement events data collection
requirements.
Since the plan was submitted, it has become known that some
tests scheduled for fiscal year 2010 have slipped to fiscal
year 2011 and that target synchronization with the new test
plan still needs clarification. Furthermore, the fiscal year
2010 budget requests an increase of $50,000,000 over last
year's funding level. However, MDA has not expended over
$500,000,000 of fiscal year 2009 funds and those funds will
be carried over into fiscal year 2010 in the test and target
program. Therefore, the recommendation reduces the budget
request by $135,800,000 due to a premature request of
funding.
Early Interceptor
The Director of the Missile Defense Agency (MDA) is
conducting a 90-day study on the different components of the
early interceptor to evaluate how best to incorporate them
into the Integrated Master Test Plan and MDA's new focus on
early/ascent-phase intercept. The recommendation includes
$80,000,000 in Line 27, Ballistic Missile Defense Technology,
only for the development of the relevant technologies and
incorporation of existing technologies to support the early
intercept program. Additionally, MDA is urged to use
previously appropriated funds in other program elements that
would be complimentary or enhance the relevant technologies
for early/ascent-phase intercept.
Two-Stage Ground-Based Interceptor
The Missile Defense Agency (MDA) is encouraged to continue
developing and testing the two-stage ground-based
interceptor. It is understood that over $173,000,000 has
already been obligated in prior year funding to support
development and testing. MDA is encouraged to provide at
least $50,000,000 in fiscal year 2010 funds to continue
thelwo-stage interceptor program.
Furthermore, the Under Secretary of Defense for Policy is
directed to submit a report to the congressional defense
committees by June 1, 2010. The report shall include a plan
for the continuation of the two-stage ground-based
interceptor program as well as how MDA plans to leverage the
development and testing of the interceptor to modernize the
Ground-based Midcourse Defense system. If the report
recommends continuation of the two-stage interceptor program,
it shall address any options for basing two-stage
interceptors in Europe or the United States to provide
enhanced defense in response to future long-range missile
threats from Iran. The report shall also include a
description of how such a site may be made interoperable with
the planned missile defense architecture for Europe and the
United States. Finally, the report shall include an
independent cost estimate for the two-stage ground-based
interceptor plan that is recommended.
Global Supply Chain Security
The national security establishment currently relies on
electronic and computer components manufactured predominately
overseas. The Department of Defense requires a trusted
procurement process to provide classified handling, chain of
custody, tracking and vital control of mission critical
information technology system components. Accordingly, the
Department is urged to provide the necessary resources to
establish a Secure Procurement Logistics pilot project within
the Cyber Security Initiative to perform secure procurement
and logistics support for mission critical information
technology.
[[Page 32361]]
[[Page 32362]]
[[Page 32363]]
[[Page 32364]]
[[Page 32365]]
[[Page 32366]]
[[Page 32367]]
[[Page 32368]]
Defense Health Program Reprogramming Procedures
There is concern regarding the transfer of funds from
Direct (or In-house) Care to pay for contractor-provided
medical care. To limit such transfers and continue oversight
within the Defense Health Program operation and maintenance
account, the explanatory statement includes language which
limits the funds available for Private Sector Care under the
TRICARE program subject to prior approval reprogramming
procedures. The bill language and accompanying recommendation
should not be interpreted by the Department as limiting the
amount of funds that may be transferred to the Direct Care
System from other budget activities within the Defense Health
Program. In addition, the Services are not properly budgeting
for actual execution levels among the budget activity groups
and, therefore, the Direct Care System is continued as a
special interest item. Any transfer of funds from the Direct
(or In-house) Care budget activity into the Private Sector
Care budget activity or any other budget activity will
require the Department of Defense to follow prior approval
reprogramming procedures.
Carryover
For fiscal year 2010, the recommendation includes a one
percent carryover authority for the Defense Health Program.
The Assistant Secretary of Defense for Health Affairs is
directed to submit a detailed spending plan for any fiscal
year 2009 designated carryover funds to the congressional
defense committees by January 4, 2010. In addition, the
Department shall, not fewer than 30 days prior to executing
the carryover funds, notify the congressional defense
committees in writing of the details of any such obligation.
Finally, to address the continuing funding shortfalls in
medical information technology, the Department is directed to
use available carryover funds to address this deficit.
Medical Information Technology
Over the past few years, criticism regarding the Department
of Defense and the Department of Veterans Affairs medical
information technology has grown. Both Departments developed
their current systems and infrastructure independent of one
another, primarily using proprietary technology and hardware
that is costly, not user-friendly and technologically
unsustainable. As such, both Departments have now chosen to
modernize their systems and infrastructure to address many of
those issues, as well as addressing the issues surrounding
interoperability between both Departments and the private
sector. These systems must also address new requirements made
evident by continuing overseas operations, including the
ability to expand based on future technology requirements.
Unfortunately, it appears that both Departments are not
sufficiently coordinating their efforts, and that lessons
learned are not being used to develop an efficient and cost-
effective means for data interoperability and information
technology modernization. The recommendation recognizes that
each Department has unique system requirements; however, both
Departments do have common functions that should result in
the development of common technology solutions and
architecture. Areas that should be joint business practices
include lab work, pharmacy orders, digital radiology
transmittal, third-party collections and patient appointment
scheduling. Both Departments are continuing to work on
interoperability between their current systems and improving
the transmittal of medical records from one system to
another. However, there is significant concern that the
necessary efforts being made to jointly develop the required
future systems are inadequate. Therefore, the Joint Executive
Council (JEC) and the Health Executive Council (HEC) are
directed to report to the Committees on Appropriations of the
House and the Senate not later than January 11, 2010, on a
complete and thorough review of the technology requirements
of each Department. The report shall detail each requirement,
to include those that are deemed unique to each Department,
include a justification of why the requirement can or cannot
be developed jointly, and identify the path forward to
develop such joint technology. In addition, the JEC and the
HEC are directed to coordinate this report with the
Department of Health and Human Services as it seeks to
modernize electronic health records throughout the private
sector. If done correctly and efficiently, the efforts of
both Departments can be used as an example of how to
modernize medical information technology.
Military Medical Research
The recommendation provides $120,000,000 for Traumatic
Brain Injury (TBI) and Psychological Health research and
treatment efforts. The fiscal year 2010 budget submission
included $372,000,000 to address numerous unique military
medical areas of concern including TBI and Psychological
Health. The Department is encouraged to refer to the language
in the House and Senate reports regarding gaps in research
that need to be addressed within this funding to close those
disparities.
It is understood that the Department of Defense is putting
pressure on Health Affairs to obligate these funds in an
expedited manner during fiscal year 2010 and as a result,
Requests for Information (RFI) on grant proposals for this
funding have already been published prior to the completion
of the Department of Defense Appropriations Act, 2010. These
actions are not supported by this recommendation since
funding has not been appropriated and the Committees on
Appropriations of the House and Senate were never notified of
a new start request. Since the submission of the President's
budget request, the Department has been repeatedly asked for
a distributable list of medical research capability gaps that
will be addressed with the additional $372,000,000.
Therefore, the Secretary of Defense is directed to provide a
distributable list of medical research capability gaps that
will be addressed using these funds not later than 15 days
after enactment of this Act.
Peer-Reviewed Medical Research Program
The recommendation provides $50,000,000 for a Peer-Reviewed
Medical Research Program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit
and direct relevance to military health. Research areas
considered under this funding are restricted to: Blood
Cancer, Chronic Migraine and Post-traumatic headache,
Dystonia, Drug Abuse, Epilepsy, Fragile X Syndrome,
Inflammatory Bowel Disease, Interstitial Cystitis, Kidney
Cancer, Lupus, Melanoma, Mesothelioma, Neuroblastoma,
Osteoporosis and related bone disease, Padget's Disease,
Pheochromocytoma, Polycystic Kidney Disease, Post Traumatic
Osteoarthritis, Scleroderma, Social Work Research, and
Tinnitus. The recommendation emphasizes that the additional
funding provided under the Peer-Reviewed Medical Research
Program shall be devoted only to the purposes listed above.
Hyperbaric Oxygen Therapy
The Secretary of Defense, not later than 60 days after
enactment of this Act, shall submit to the congressional
defense committees a report on the use of hyperbaric oxygen
therapy (HBOT). The report shall include the number of
members of the Armed Forces, veterans and civilians being
treated with HBOT; the types of conditions being treated and
the respective success rate for each condition; the current
inventory, location, and rate of use for hyperbaric oxygen
chambers; and any plans for expanding the use of HBOT for
treatment.
Direct Hire Authority
The Secretary of Defense is directed to immediately
implement Section 1107 of the National Defense Authorization
Act, 2008 (Public Law 110-181) which provides adequate
authority for the medical specialty hiring needs of the
Department of Defense. The Secretary of Defense is further
directed that no later than 30 days after enactment of this
Act the Department shall notify the congressional defense
committees the action has been taken to implement the direct
hire authority across the Department, including the civilian
entities.
Reducing Scar Formation
The United States Army Institute of Surgical Research and
the Armed Forces Institute of Regenerative Medicine is
currently doing research to reduce scarring following
battlefield injuries in conjunction with academia. The
Surgeon General of the Army is urged to use funds provided
for continuation of studies into new methods for wound
healing and scar reduction capabilities including proceeding
to a clinical study and for further product development.
Medical Transportation Infrastructure
After reviewing the Base Realignment and Closure (BRAC)
Health Systems Advisory Subcommittee's (the Committee) review
of the design plans for medical centers, including the
responses from the Department of Defense and the Committee,
there remains deep concern about the state of the master plan
to complete world class medical facilities. Failures to
implement the recommendations of this plan may lead to
degraded medical care for military personnel, their
dependents and retirees.
The recommendation includes $300,000,000 in the Defense
Health Program operation and maintenance account for
transportation issues stemming from the realignments
associated with the 2005 BRAC. The Secretary of Defense is
directed to provide a report to the House and Senate
Committees on Appropriations detailing the status of the
implementation of the BRAC Health Systems Advisory
Subcommittee's plan, and on plans for the recommended funding
increase, no later than 90 days after the enactment of this
Act.
[[Page 32369]]
[[Page 32370]]
[[Page 32371]]
[[Page 32372]]
Counter-Drug Budget Justification Materials
There is concern that the budget justification materials
submitted do not provide sufficient information for
appropriate oversight and understanding of program objectives
and metrics. Therefore, the Secretary of Defense is directed
that beginning with the fiscal year 2011 budget, the budget
justification materials shall ensure that each project code
include, at a minimum: a detailed explanation of program
increases and decreases including displays and explanations
of program and price growth; a display showing the number of
full-time equivalent (FTE) employees; average grade for
government employees and number of contractor FTEs;
justification of planned equipment buys for items costing
more than $250,000, including quantities and unit costs; and
justification and descriptions of research and development
activities, including anticipated program accomplishments,
contract awards and a description of government costs.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(including transfer of funds)
For the Joint Improvised Explosive Device Defeat Fund,
funds are to be available for fiscal year 2010, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Recommendation
----------------------------------------------------------------------------------------------------------------
Attack the Network.......................................... 203,100 183,000 ......... 0
Transfer to Title IX.................................... ......... ......... ......... -53,100
Unjustified request..................................... ......... ......... ......... -150,000
Defeat the Device........................................... 199,100 25,000 ......... 0
Transfer to Title IX.................................... ......... ......... ......... -199,100
Train the Force............................................. 41,100 35,000 ......... 0
Transfer to Title IX.................................... ......... ......... ......... -41,100
Staff and Infrastructure.................................... 121,550 121,550 ......... 121,550
---------------------------------------------------
Total, Joint Improvised Explosive Device Defeat Fund........ 564,850 364,550 0 121,550
----------------------------------------------------------------------------------------------------------------
The recommendation provides funds in the base budget for
the Staff and Infrastructure line of operation. These funds
are provided with the same time limitation as traditional
operation and maintenance funds.
The reporting requirements directed under the Supplemental
Appropriations Act, 2009 (Public Law 111-32), were not
adhered to, but efforts are underway to improve that status.
The Director, Joint Improvised Explosive Device Defeat
Organization (JIEDDO) is directed to submit monthly
commitment, obligation, and expenditure data by line of
operation and by year of appropriation to the congressional
defense committees. Further, the Director, JIEDDO is directed
to submit monthly reports of obligation data on a project-by-
project basis by line of operation to the congressional
defense committees. The Director, JIEDDO is also directed to
follow standard reprogramming procedures when transferring a
cumulative amount of $20,000,000 or more between lines of
operation.
OFFICE OF THE INSPECTOR GENERAL
For the Office of the Inspector General, $288,100,000 is
provided for fiscal year 2010.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Recommendation
----------------------------------------------------------------------------------------------------------------
Office of the Inspector General:
Operation and Maintenance............................... 271,444 287,100 287,100 287,100
Procurement............................................. 1,000 1,000 1,000 1,000
---------------------------------------------------
Total, Office of the Inspector General.............. 272,444 288,100 288,100 288,100
----------------------------------------------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
For Related Agencies, funds are to be available for fiscal
year 2010, as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Recommendation
----------------------------------------------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System 290,900 290,900 290,900 290,900
Fund.......................................................
Intelligence Community Management Account (ICMA)............ 672,812 611,002 750,812 707,912
Transfer to Department of Justice....................... ......... ......... ......... .................
Total, title VII, Related agencies.................. 963,712 901,902 1,041,712 998,812
----------------------------------------------------------------------------------------------------------------
Classified Annex
Adjustments to the classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2010.
Central Intelligence Agency Retirement and Disability System Fund
For the Central Intelligence Agency Retirement and
Disability System Fund, $290,900,000 is provided for fiscal
year 2010.
Intelligence Community Management Account
For the Intelligence Community Management Account,
$707,912,000 is provided for fiscal year 2010, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Recommendation
----------------------------------------------------------------------------------------------------------------
Intelligence Community Management Account........... 672,812 672,812 672,812 672,812
Classified Adjustment........................... ......... -64,810 78,000 34,300
Language Mentorship Program incorporating an ......... 1,000 ................. 800
electronic portfolio...........................
Counter-Threat Finance-Global (Transferred to ......... 2,000 ................. 0
O&M, Defense-Wide).............................
TOTAL, ICMA................................. 672,812 611,002 750,812 707,912
----------------------------------------------------------------------------------------------------------------
Intelligence Community's Business Transformation Office
The Director of National Intelligence is directed to submit
a report 90 days after the enactment of this Act that: 1)
addresses the procurement challenges facing the Business
Transformation Office; 2) explains where the most efficient
and secure place to store the Community's business data will
be for the foreseeable future; and 3) reviews the process for
hiring highly qualified experts and provides recommendations
that streamline the
[[Page 32373]]
current bureaucratic process to one that allows the Director
of the Business Transformation Office to efficiently build an
effective staff. Finally, the report should provide a target
date when all National Intelligence Program funds will
achieve a sustainable unqualified audit opinion.
Intelligence Community Education and Training Strategic Design
The lack of a strategic plan for the Intelligence Community
training programs and professional education curriculum is
concerning. The current patchwork of courses, language
training efforts and schools is the result of multiple
programs and initiatives instead of a coherent strategy. The
Director of National Intelligence needs to benchmark
successful programs such as the Department of Defense's
National Defense University, and develop an appropriate
educational and professional development strategy for the
Community to create an innovative and competitive 21st
century professional intelligence workforce. The Director of
National Intelligence is encouraged to take steps to
establish the Intelligence Community's capstone school in a
manner that takes best advantage of opportunities for
learning synergies and a transformative learning environment
with other national security students. Further, no later than
March 1, 2010, the Director of National Intelligence is
directed to submit a report to the intelligence oversight
committees on the feasibility of evolving the National
Defense Intelligence College to a fee-for-service program.
TITLE VIII--GENERAL PROVISIONS
The recommendation incorporates general provisions from the
House and Senate versions of the bill which were not amended.
Those general provisions that were addressed follow:
The recommendation modifies a general provision proposed by
the House specifying that adjustments to programs, projects,
and activities included in the ``Explanation of Project Level
Adjustments'' that are increases above the budget are
incorporated into law. Transfers within an appropriation
account, among programs, projects and activities do not
require general transfer authority as stipulated in Section
8005 of the accompanying Act. However, such transfers are
subject to normal prior approval reprogramming procedures if
such transfers exceed thresholds described elsewhere in this
statement. Transfers between appropriation accounts are
subject to the provisions of Section 8005 of the accompanying
Act and are also subject to prior congressional approval. The
Senate bill contained no similar provision.
The recommendation retains a provision proposed by the
Senate that provides for upgrades to military ranges in
Alaska. The House bill contained no similar provision,
The recommendation retains a provision proposed by the
Senate that provides for limitations on the use and transfer
authority of working capital fund cash balances. The House
bill contained a similar provision.
The recommendation retains a provision proposed by the
House that provides limitations and conditions on the use of
funds made available in this Act to initiate multi-year
contracts. The Senate bill contained a similar provision.
The recommendation retains a provision proposed by the
House that provides for the Department of Defense to purchase
anchor and mooring chains manufactured only in the United
States. The Senate bill included a similar provision.
The recommendation modifies a provision proposed by both
the House and Senate that prohibits funds made available to
the Department of Defense from being used to demilitarize or
dispose of surplus firearms.
The recommendation modifies a provision proposed by the
House and Senate that restricts funds from being used to
perform cost studies under OMB Circular A-76.
The recommendation modifies a provision proposed by both
the House and Senate which provided funding from various
appropriations for the Civil Air Patrol Corporation.
The recommendation modifies a provision proposed by both
the House and Senate that provides for the number of staff
years of technical effort that may be funded for defense
Federally Funded Research and Development Centers (FFRDC).
The recommendation retains a provision proposed by the
Senate which provides for the conveyance, without
consideration, of relocatable housing units. The House bill
contained a similar provision.
The recommendation modifies a provision proposed by the
House which provides grant authorities for the Department of
Defense acting through the Office of Economic Adjustment. The
Senate contained no similar provision.
(Rescissions)
The recommendation modifies a provision proposed by both
the House and the Senate recommending rescissions. The
rescissions agreed to are:
2008 Appropriations:
Procurement, Defense-Wide:
ASDS.....................................................$2,000,000
2009 Appropriations:
Procurement of Weapons and Tracked Combat Vehicles, Army:
Future Combat Systems Advance Procurement................26,087,000
Joint Assault Bridge.....................................15,000,000
Other Procurement, Army:
Night Vision Devices....................................131,900,000
Sequoyah Foreign Language Translation System..............6,339,000
Other Procurement, Navy:
Other Propulsion Equipment...............................18,844,000
LCS Mission Modules......................................66,000,000
Aircraft Procurement, Air Force:
B-52 Modifications.......................................12,800,000
C-130 Modifications.......................................8,000,000
C-130J Advance Procurement...............................60,000,000
F-22 Advance Procurement................................383,000,000
Predator................................................159,800,000
T-38 Modifications........................................5,300,000
Missile Procurement, Air Force:
JASSM....................................................60,000,000
Other Procurement, Air Force:
Global Combat Support System..............................8,800,000
Global Command and Control System.........................2,100,000
Procurement, Defense-Wide:
ASDS......................................................5,200,000
Research, Development, Test and Evaluation, Navy:
Surface and Shallow Water MCM............................20,000,000
Research, Development, Test and Evaluation, Air Force:
C-17.....................................................22,403,000
Combat Training Ranges....................................6,000,000
Advanced Medium Range Air-to-Air Missile..................5,000,000
Control and Reporting Center.............................15,000,000
Information Systems Security Program.....................11,827,000
Aerial Targets............................................7,000,000
C-130 Airlift Squadron...................................18,000,000
Logistics Information Technology (LOGIT).................10,000,000
RDT&E for Aging Aircraft..................................3,200,000
Research, Development, Test and Evaluation, Defense-Wide:
HBCU.....................................................34,457,000
DARPA...................................................100,000,000
Kinetic Energy Interceptor...............................20,000,000
The recommendation retains a provision proposed by the
House that provides for the Department of Defense to dispose
of negative unliquidated or unexpended balances for expired
or closed accounts. The Senate bill contained no similar
provision.
The recommendation retains a provision proposed by the
Senate that clarifies the military status of World War II
Alaska Territorial Guardsmen. The House bill contained no
similar provision.
The recommendation retains a provision proposed by both the
House and the Senate that prohibits the use of funds made
available in this Act from being used to approve or license
the sale of the F-22 fighter aircraft. Additionally, the
recommendation retains language proposed by the Senate that
permits the Department of Defense to conduct studies and
design activities to develop a future export version of the
aircraft that protects classified and sensitive information.
Assuming that there will be an export version of the F-22A,
nothing in this provision shall restrict the Department of
Defense from sharing information regarding the future export
version of the F-22 pursuant to an inquiry from a foreign
government that is intended to inform that government's
decision regarding whether to pursue purchase of a future
export version of the F-22.
The recommendation modifies a provision proposed by the
House which provides $3,750,000 only for the construction and
furnishing of additional Fisher Houses. The Senate bill
contained no similar provision.
The recommendation modifies a provision proposed by both
the House and Senate which provides funding and transfer
authority for the Arrow Missile Defense Program.
The recommendation retains a provision proposed by the
Senate that provides for the transfer of funds to properly
complete prior year shipbuilding programs. The House bill
contained a similar provision.
The recommendation retains a provision proposed by the
Senate that 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. The House bill contained a similar provision.
The recommendation retains a provision proposed by the
Senate that provides for the noncompetitive appointments of
certain medical occupational specialties, as prescribed by
section 7403(g) of Title 38, United
[[Page 32374]]
States Code. The House bill contained a similar provision.
The recommendation retains a provision proposed by the
Senate which makes available funds for public schools with
unusually high concentrations of special needs military
dependents enrolled. The House bill contained no similar
provision.
The recommendation retains a provision proposed by the
House which provides authority for the Secretary of the Army
to make a grant only to the Center for Military Recruitment,
Assessment and Veterans Employment. The Senate bill contained
no similar provision.
The recommendation does not retain a provision proposed by
the House that permits Operation and Maintenance, Navy funds
to be used to repair, maintain and operate flood control
systems adjacent to the Pacific Missile Range Facility. The
Senate bill contained no similar provision.
The recommendation modifies a provision proposed by both
the House and the Senate providing funds for specific grants.
The recommendation retains a provision proposed by the
Senate relating to the prohibition on transfer of program
authorities relating to current tactical unmanned aerial
vehicles (TUAV) from the Army. The House bill contained a
similar provision.
The recommendation retains a provision proposed by the
Senate that provides authorities to the Joint Interagency
Training and Education Center, for homeland defense/security
and traditional warfighting training. The House bill
contained no similar provision.
The recommendation retains a provision proposed by the
Senate that makes funds available in ``Operation and
Maintenance, Navy'' for the Asia Pacific Regional Initiative
Program. The House bill contained a similar provision.
The recommendation retains a provision proposed by the
Senate that reduces funding by specified amounts due to
updated economic assumptions. The House bill contained no
similar provision.
The recommendation retains a provision proposed by the
House that provides for the creation of a major force program
category for space for the Future Year Defense Program of the
Department of Defense. The Senate bill contained no similar
provision.
The recommendation retains a provision proposed by the
House that established requirements for Director National
Intelligence budget exhibits. The Senate bill contained a
similar provision.
The recommendation does not retain a provision proposed by
the Senate that prohibits the use of funds made available in
this Act to contravene laws enacted or regulations
promulgated to implement the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. The House contained the same
provision in Title IX. The issue is addressed in Title IX.
The recommendation modifies a provision proposed by the
House that prohibits award fees to any defense contractor
contrary to the provisions of section 814 of the National
Defense Authorization Act, Fiscal Year 2007 (Public Law 109-
364). The Senate bill contained no similar provision.
The recommendation retains a provision proposed by the
House which directs the Secretary of Defense to maintain on
the Department of Defense website a link to Office of the
Inspector General of the Department of Defense. The Senate
bill contained no similar provision.
The recommendation modifies a provision proposed by the
Senate that provides for a reduction of excess cash balances
in the Department of Defense Working Capital Funds. The House
bill contained no similar provision.
The recommendation modifies a provision proposed by the
House which provides for the continuation of stop loss
special pay. The Senate bill contained no similar provision.
The recommendation does not retain a provision proposed by
the House which provides for the use of funds for purchase of
armored vehicles for force protection purposes. The Senate
bill contained no similar provision.
The recommendation modifies a provision proposed by both
the House and the Senate which authorizes the transfer of
funds made available in title II to the Services' central
fund established for Fisher Houses and Suites pursuant to
section 2493(d) 10 U.S.C.
The recommendation modifies a provision proposed by the
House that authorizes the transfer of funds from the
Intelligence Community Management Account for the Program
Manager for the Information Sharing Environment to other
departments and agencies, for certain purposes. The Senate
bill contained a similar provision.
The recommendation modifies a provision proposed by the
Senate regarding the availability of operation and
maintenance funding to make remittances to the Acquisition
Workforce Development Fund. The House bill contained no
similar provision.
The recommendation does not retain a provision proposed by
the Senate that requires reports on certain elements of the
ballistic missile defense system. The House bill contained no
similar provision. The issue is addressed elsewhere in the
statement.
The recommendation modifies a provision proposed by the
Senate that not less than $15,000,000 be made available for
high priority National Guard counter-drug programs. The House
bill contained no similar provision.
The recommendation retains a provision proposed by the
Senate that provides an apology to the Native Peoples of the
United States. The House bill contained no similar provision.
The recommendation does not retain a provision proposed by
the Senate that requires a report on the use of live primates
in training relating to chemical and biological agents. The
House bill contained no similar provision. The issue is
addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate that expresses the sense of the Senate on Joint
STARS re-engining. The House bill contained no similar
provision. The issue is addressed elsewhere in the statement.
The recommendation modifies a provision proposed by the
Senate that requires public disclosure of certain reports.
The House bill contained no similar provision.
The recommendation does not retain a provision proposed by
the Senate that requires a report on Federal contracting
fraud. The House bill contained no similar provision. The
issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate that makes funds available for Gulf War Illness
Research. The House bill contained no similar provision. The
issue is addressed elsewhere in the statement.
The recommendation modifies a provision proposed by the
Senate that expresses the sense of Congress and requires a
report on the Nevada Test Site. The House bill contained no
similar provision.
The recommendation does not retain a provision proposed by
the Senate that makes funds available from the Office of the
Secretary of Defense for declassification of the 2001 nuclear
posture review. The House bill contained no similar
provision. The issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate that makes funds available from Operation and
Maintenance, Defense-Wide for a Military and Overseas Voter
Empowerment Act. The House bill contained no similar
provision. The issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate that restricts funding to dispose of claims filed
regarding water contamination. The House bill contained no
similar provision. The issue is addressed elsewhere in the
statement.
The recommendation does not retain a provision proposed by
the Senate that work under Logistics Civil Augmentation
Program complies with standards. This issue is addressed in
Title II of this statement.
The recommendation modifies a provision proposed by the
Senate that prohibits any funds to be used for any Federal
contract with specified entities if such entities require
their employees to sign mandatory arbitration clauses. The
House bill contained no similar provision.
The recommendation does not retain a provision proposed by
the Senate that limits the early retirement of tactical
aircraft. The House bill contained no similar provision. The
issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate that restores funding for the two-stage ground-
based interceptor program. The House bill contained no
similar provision. The issue is addressed elsewhere in the
statement.
The recommendation does not retain a provision proposed by
the Senate that makes funds available for the evaluations and
analyses of certain laser systems. The House bill contained
no similar provision. The issue is addressed elsewhere in the
statement.
The recommendation does not retain a provision proposed by
the House that places restrictions on reprogramming funds
provided for the National Intelligence Program. The Senate
bill contained no similar provision. The issue is addressed
elsewhere in the statement.
The recommendation modifies a provision proposed by the
House that prohibits the award to a contractor or conversion
to performance by a contractor of any functions performed by
Federal employees pursuant to a study conducted under OMB
circular A-76 as of the date of enactment of this Act. The
Senate bill contained no similar provision.
The recommendation does not retain a provision proposed by
the House authorizing the Secretary of Defense to transfer to
the appropriation ``Foreign Currency Fluctuations, Defense''
unobligated funds appropriated for Operation and Maintenance
and Military Personnel. The Senate bill contained no similar
provision.
The recommendation does not retain a provision proposed by
the House that reduces amounts appropriated in title II of
this Act to reflect excess cash balances in Department of
Defense Working Capital Funds. The Senate bill contained no
similar provision.
The recommendation modifies a provision proposed by the
House that prohibits the use of National Intelligence Program
funds appropriated in this Act for certain purposes. The
Senate bill contained no similar provision.
[[Page 32375]]
The recommendation modifies a provision proposed by the
House that appropriates funds to the ``Tanker Replacement
Transfer Fund'' and authorizes their transfer under certain
circumstances for specified purposes.
The recommendation does not retain a provision proposed by
the House that provides benefits to any member or former
member of the Armed Forces who would have qualified for a day
of administrative absence under the Post-Deployment/
Mobilization Respite Absence program. The Senate bill
contained no similar provision.
The recommendation retains a provision proposed by the
House that provides resettlement support for certain
refugees. The Senate bill contained no similar provision.
The recommendation modifies a provision proposed by both
the House and Senate that requires congressional earmarks,
when awarded to a for-profit entity, to be awarded under full
and open competition.
The recommendation does not retain a provision proposed by
the House that reduces amounts appropriated in title II of
this Act. The Senate bill contained no similar provision. The
issue is addressed in Title IX.
The recommendation does not retain a provision proposed by
the House that sets certain criteria for the appointment of
members of integration panels overseeing Congressionally
Directed Medical Research programs related to breast cancer.
The Senate bill contained no similar provision.
The recommendation does not retain a provision proposed by
the House that prohibits the use of funds to eliminate any
personnel positions from the 194th Regional Support Wing of
the Air National Guard as of the date of enactment of this
Act. The Senate bill contained no similar provision. The
issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the House regarding the release and transfer of detainees
from Naval Station Guantanamo Bay, Cuba. The Senate bill
contained a similar provision in Title IX. The issue is
addressed in Title IX.
The recommendation does not retain a provision proposed by
the House that prohibits the use of funds for advance
procurement of the F-22 and provides that funds made
available in title III under the heading ``Aircraft
Procurement, Air Force'' may be available for other specified
purposes. The Senate bill contained no similar provision. The
issue is addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the House which reduces funds for the Defense Health Program
in operation and maintenance and increases funds in research,
development, test and evaluation. The Senate bill contained
no similar provision.
The recommendation modifies a provision proposed by the
House that prohibits the awarding to a contractor, or convert
to performance by a contractor, any function at the United
States Military Academy at West Point. The Senate bill
contained no similar provision.
The recommendation does not retain a provision proposed by
the House that reduces funds in Operation and Maintenance,
Air Force and increases funds in Chemical Agents and
Munitions Destruction, Defense. The Senate bill contained no
similar provision. The issue is addressed elsewhere in the
statement.
The recommendation does not retain a provision proposed by
the House that prohibits the privatization of government-
owned ammunition production assets. The Senate bill contained
no similar provision. The issue is addressed elsewhere in the
statement.
The recommendation does not retain a provision proposed by
the Senate that requires the Secretary of the Army to certify
any transfers to private ammunition manufacturers. The House
bill contained no similar provision. The issue is addressed
elsewhere in the statement.
The recommendation retains a provision proposed by the
Senate that prohibits funding of the Association of Community
Organizations for Reform Now. The House bill contained no
similar provision. The Senate bill addressed this issue in
Title IX.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS
Reporting Requirements
The Secretary of Defense is directed to provide a report to
the congressional defense committees within 30 days of the
enactment of this Act on the allocation of the funds within
the accounts listed in this title. The Secretary shall submit
updated reports 30 days after the end of each fiscal quarter
until funds listed in this title are no longer available for
obligation. This report shall include: a detailed accounting
of obligations and expenditures of appropriations provided in
this title by program and sub-activity group for the
continuation of military operations in Iraq and Afghanistan;
and a listing of equipment procured using funds provided in
this title.
Additionally, the Secretary of Defense is directed to
continue to report incremental contingency operations costs
for Operation Iraqi Freedom and Operation Enduring Freedom on
a monthly basis in the Cost of War Execution report as
required by Department of Defense Financial Management
Regulation, chapter 23, volume 12. Further, the Secretary of
Defense is directed to continue to provide the Cost of War
reports to the congressional defense committees that include
the following information by appropriation: funding
appropriated, funding allocated, monthly obligations, monthly
disbursements, cumulative fiscal year obligations and
cumulative fiscal year disbursements.
In order to meet unanticipated requirements, the Department
of Defense may need to transfer funds within these
appropriations accounts for purposes other than those
specified in this report. The Secretary of Defense is
directed to follow normal prior approval reprogramming
procedures should it be necessary to transfer funding between
different appropriations accounts in this title.
Progress Report on Iraq
Section 316 of Public Law 111-32, Supplemental
Appropriations Act, 2009 directed the Secretary of Defense to
submit to Congress on a quarterly basis a report on ``Iraq
Troop Drawdown Status, Goals and Timetable.'' Section 316
requires this report to be prepared and submitted every 90
days through September 30, 2010. The recommendation does not
repeat section 9010 from the House- passed Department of
Defense Appropriations Act, 2010 which repeated this
requirement. It is expected that the Department will continue
to submit the report as required through September 30, 2010.
Budget Amendment
The recommendation fully funds an increase in the Army's
end strength, as requested by the Department of Defense in a
formal budget amendment submitted on August 13, 2009, after
the House had already completed consideration of the
Department of Defense Appropriations Act, 2010. The budget
amendment, which provides $1,012,600,000 to recruit, retain
and support an additional 15,000 soldiers in fiscal year
2010, has been accepted. It is understood that these
additional soldiers, and the 7,000 additional soldiers the
Department plans to add in fiscal year 2011, are needed
temporarily to allow existing Brigade Combat Teams to deploy
at full strength. There is a concern about the strain on the
Army imposed by the on-going high operations tempo in Iraq
and the increased demand in Afghanistan. There is also
concern about the Department's decision to fund this
temporary growth in end-strength by reducing funding for
much-needed trucks and tactical vehicles. While it is
believed that combat units in the theater of operations are
being provided with the required quantity of high-quality
tactical vehicles, concern remains that the Department is not
requesting adequate funding to reset and replenish damaged
and worn-out vehicles or addressing vehicle shortages in the
National Guard and the reserve forces. Accordingly, the
recommendation provides funding of $1,063,038,000 for High
Mobility Multipurpose Wheeled Vehicles (HMMWV), and
$863,357,000 for the Family of Medium Tactical Vehicles. The
recommendation provides much needed trucks for the active
Army, the Army National Guard and the Army Reserve.
Mi-17 Helicopters
There is concern with the Department's growing reliance on
the Mi-17 helicopter to meet critical tactical lift
requirements for Afghanistan, Iraq and Pakistan security
forces. This platform has exceptionally-high maintenance
requirements. Parts and service are not readily available in
the theater of operations. Furthermore, the Mi-17 is in high
demand by U.S. forces operating in and training for
Afghanistan, but there are only two foreign-owned plants
producing new aircraft at this time. Therefore, the Secretary
of Defense is directed to report to the congressional defense
committees not later than sixty days after the enactment of
this Act on the Department of Defense's current and
anticipated demand for Mi-17s for U.S., Afghanistan, Iraq and
Pakistan security forces, the anticipated availability or
shortage of additional airframes, the sustainability of the
airframes currently slated for use by Afghanistan and Iraq
security forces, an analysis of alternative airframes, and
the future costs and funding sources available for procuring
Mi-17s.
Medical Treatment for Contractors
There is concern that American workers are not getting
reasonable medical treatment for injuries they have suffered
while working in a combat zone. Accordingly, the Department
is urged to encourage Federal contractors to provide access
to the most effective treatment available for injuries
suffered while working outside the United States in support
of military operations, including Operation Iraqi Freedom and
Operation Enduring Freedom; and encourage Federal contractors
performing a Federal contract outside the United States to
ensure that American workers performing the contract receive
the same benefits for injuries suffered outside the United
States that they would receive if they were working within
the United States.
MILITARY PERSONNEL
For Military Personnel, funds are to be available for
fiscal year 2010, as follows:
[[Page 32376]]
[[Page 32377]]
[[Page 32378]]
[[Page 32379]]
[[Page 32380]]
[[Page 32381]]
OPERATION AND MAINTENANCE
For Operation and Maintenance, funds are to be available
for fiscal year 2010, as follows:
[[Page 32382]]
[[Page 32383]]
[[Page 32384]]
[[Page 32385]]
[[Page 32386]]
[[Page 32387]]
[[Page 32388]]
[[Page 32389]]
[[Page 32390]]
[[Page 32391]]
[[Page 32392]]
[[Page 32393]]
Commander's Emergency Response Program
The recommendation provides $1,200,000,000 for the
Commander'sEmergency Response Program (CERP) in fiscal year
2010, $300,000,000 below the request. Included in this amount
is $1,000,000,000 for CERP in Afghanistan and $200,000,000
for CERP in Iraq. The amount provided for CERP in Afghanistan
effectively doubles what has been committed in Afghanistan
for fiscal year 2009. Additionally, with the redeployment
from Iraq and withdrawal from the major cities, CERP
requirements in that theater of operations will decrease
significantly in fiscal year 2010. Of the funds provided for
CERP, $500,000,000 shall be withheld pending completion and
submission of the report described below.
The Department of Defense needs to greatly improve its
management and oversight of CERP and its justifications of
CERP budget requests. Additionally, there is concern that the
Department's plan to significantly increase the use of CERP
in Afghanistan does not yet include an increase in the number
of personnel qualified to conduct proper oversight and
management of those funds. Therefore, the Secretary of
Defense is directed to conduct a thorough review of CERP and
submit a report to the congressional defense committees not
later than 180 days after enactment of this Act. This report
shall include: the process by which CERP budget requests are
generated and justified; existing management and oversight of
CERP funds and contracts by the Department of the Army, the
Undersecretary of Defense, Comptroller, and U.S. Central
Command; the number of personnel required and the number of
personnel currently deployed to Afghanistan with Joint
Contracting Command and U.S. Forces--Afghanistan specifically
in support of CERP; a separate assessment for Iraq and
Afghanistan of the goals, purpose and expected requirement
for CERP funds in the coming year; the coordination process
of projects with other U.S. government agencies and Non-
Governmental Organizations carrying out projects in Iraq and
Afghanistan; the requirements for the sustainment of projects
carried out under CERP; the procedures for ensuring that
projects carried out under CERP are coordinated with the host
governments and local community leaders; and the process and
systems for tracking projects carried out under CERP.
Additionally, the Secretary of Defense is directed, as part
of the program review, to report on the advisability of
establishing a program office for CERP to be responsible for
the development of budgets, strategic plans, program
controls, requirements for program coordination, and
standards for training.
The Secretary of the Army is directed to submit monthly
commitment, obligation and expenditure data for CERP in Iraq
and Afghanistan to the congressional defense committees not
later than 30 days after each month. Finally, the Secretary
of Defense is directed to submit the required quarterly
report in a searchable database form in addition to the paper
report.
Civilian-Military Training
The Secretary of Defense is directed, in conjunction with
the Secretary of State and the Administrator of the United
States Agency for InternationalDevelopment, to continue to
support the requirements for monthly integrated civilian-
military training for civilians deploying to Afghanistan at
Camp Atterbury, Indiana, including through the allocation of
military and civilian personnel, trainers, and other
resources for that purpose.
PROCUREMENT 963 408
For Procurement, funds are to be available for fiscal year
2010, as follows:
[[Page 32394]]
[[Page 32395]]
[[Page 32396]]
[[Page 32397]]
[[Page 32398]]
[[Page 32399]]
[[Page 32400]]
[[Page 32401]]
[[Page 32402]]
[[Page 32403]]
Up Armored HMMWVs
The fiscal year 2010 budget request for Overseas
Contingency Operations includes funding for the procurement
of up-armored HMMWVs. At the request of the Marine Corps,
Congress appropriated $177,200,000 in fiscal year 2009
supplemental funding for the procurement of Frag Kit 4
underbody armor protection for M1114 vehicles in theater.
However, it is understood that the Marine Corps has rescinded
that requirement due to technical difficulties and will not
procure any Frag Kit 4 kits. Therefore, the Commandant of the
Marine Corps is directed to apply the funds previously
appropriated for the procurement of Frag Kit 4 kits for the
procurement of up-armored HMWWVs for contingency operations
instead.
Family of Heavy Tactical Vehicles
The recommendation includes $803,230,000 for the Family of
Heavy Tactical Vehicles. The funding provides for the
purchase of a variety of heavy trucks, tractors and trailers
including Heavy Expanded Mobility Tactical Trucks; Heavy
Equipment Transporter Tractors; Heavy Equipment Transporter
Trailers; and other heavy transport systems to support line
haul, local haul, unit resupply and other missions. These
trucks and trailers provide critical support to units in the
field. The Army is expected to promptly procure these heavy
trucks and trailers as described in budget justification
materials.
Common Remotely Operated Weapons Station
The recommendation provides $495,000,000 for Common
Remotely Operated Weapons Stations (CROWS), which includes
the $235,000,000 in the budget request, a transfer of
$360,000,000 from Other Procurement, Army, and a program
reduction of $100,000,000. Although there is strong support
for the CROWS program, this reduction will avoid funding
ahead of need. It is understood that funding for CROWS
systems is available in the funding lines for other weapons
systems and tactical vehicles. Should additional CROWS
funding be required in fiscal year 2010, the Army should
reprogram internally to meet the demand. The Army is
encouraged to make the CROWS System a Program of Record.
Mine Resistant Ambush Protected (MRAP) and Mine Resistant
AmbushProtected All Terrain Vehicles (M-ATVs)
The recommendation provides $6,281,000,000, an increase of
$825,000,000 over the request to address additional M-ATV
vehicle requirements, as identified by the Department. The
Department shall continue to adhere to the execution and
reporting requirements contained in section 8122 of Public
Law 110-116.
Training Devices for Mine Resistant Ambush Protected (MRAP) and
MineResistant Ambush Protected All Terrain Vehicles (M-ATVs)
In response to the threat of Improvised Explosive Devices
(IEDs) to Forces in theater, the Department of Defense has
procured more than 16,000 MRAPs, and recently validated a
requirement of more than 6,000 light-weight MRAPs, M-ATVs,
for operations in Afghanistan.
Due to the weight of the heavy armor and high center of
gravity, the driving characteristics of both the MRAP and M-
ATV are considerably different from other vehicles that are
in use by the military. Aggressive safety training helps
avoid casualties due to rollovers and other types of
accidents. Emergency egress training, including the emergency
operation of the heavy armored doors is essential. It is
understood that MRAP vehicles and virtual trainers have been
provided to home station training facilities for active
component, National Guard and Reserve units to prepare
service members to operate and maintain these vehicles, which
they will receive upon their arrival in the combat theaters.
The military services are encouraged to take maximum
advantage of these training devices to prepare servicemembers
for operations in and around MRAPs and M-ATVs. The Department
is expected to use funds available in this Act to procure
additional training devices, including virtual vehicle
trainers if required.
National Guard and Reserve Equipment
The recommendation provides $950,000,000 for the National
Guard and Reserve Equipment Account. Of that amount,
$575,000,000 is for the ArmyNational Guard; $135,000,000 for
the Air National Guard; $85,000,000 for the U.S. Army
Reserve; $55,000,000 for the Navy Reserve; $45,000,000 for
the Marine Corps Reserve; and $55,000,000 for the Air Force
Reserve to meet urgent equipment needs that may arise this
fiscal year.
This funding will allow the Guard and reserve components to
procure high priority equipment that will complement the
combined State and Federal missions.
Modernization Priorities
Each National Guard and reserve component Chief shall
submit to the congressional defense committees a detailed
assessment of that component's modernization priorities not
later than 30 days after enactment of this Act. The National
Guard and reserve component Chiefs should exercise control of
the funds provided in this account, to better ensure that the
most urgent National Guard and reserve equipment
modernization priorities are addressed with the funding
provided in this appropriation.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
For Research, Development, Test and Evaluation, funds are
to be available for fiscal year 2010, as follows:
[[Page 32404]]
[[Page 32405]]
SABER FOCUS
The Saber Focus demonstration program is envisioned to
provide a much needed capability to the warfighter. The
Congress has provided over $200,000,000 for this effort,
funded entirely outside the normal budgeting process. The
Department has been given numerous opportunities to fund this
potentially game- changing program in its base budget but has
chosen not to do so, largely due to schedule slips with the
actual demonstration. The demonstration is currently
scheduled in fiscal year 2010 and will utilize funding
carried over from fiscal year 2009. Therefore, the
recommendation provides $16,900,000 for the Saber Focus
program, a reduction of $35,000,000, which should be
sufficient to finally transition the program to a Program of
Record.
[[Page 32406]]
[[Page 32407]]
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For the Defense Health Program, $1,256,675,000 is provided
for fiscal year 2010, as follows:
[[Page 32408]]
[[Page 32409]]
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For Drug Interdiction and Counter-Drug Activities,
$346,603,000 is provided for fiscal year 2010, as follows:
[[Page 32410]]
[[Page 32411]]
Joint Improvised Explosive Device Defeat Fund
(INCLUDING TRANSFER OF FUNDS)
For the Joint Improvised Explosive Device Defeat Fund,
funds are to be available for fiscal year 2010, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Recommendation
----------------------------------------------------------------------------------------------------------------
Attack the Network.......................................... 812,000 730,000 1,015,100 865,100
Transfer from Title VI.................................. ......... ......... 203,100 53,100
Defeat the Device........................................... 536,000 600,000 735,100 735,100
Transfer from Title VI.................................. ......... ......... 199,100 199,100
Train the Force............................................. 187,000 160,000 161,810 161,810
Transfer from Title VI.................................. ......... ......... 41,100 41,100
Transfer to Service OCO accounts for proper execution... ......... ......... -66,290 -66,290
Staff and Infrastructure.................................... 0 0 121,550 0
Transfer from Title VI.................................. ......... ......... 121,550
Total, Joint Improvised Explosive Device............
Defeat Fund......................................... 1,535,000 1,490,000 2,033,560 1,762,010
----------------------------------------------------------------------------------------------------------------
The Director, Joint Improvised Explosive Device Defeat
Organization (JIEDDO) is directed to continue to submit
monthly commitment, obligation, and expenditure data by line
of operation and by year of appropriation to the
congressional defense committees. Further, the Director,
JIEDDO is directed to submit monthly reports of obligation
data on a project-by-project basis by line of operation to
the congressional defense committees. The Director, JIEDDO is
also directed to follow standard reprogramming procedures
when transferring a cumulative amount of $20,000,000 or more
between lines of operation.
Office of the Inspector General
For the Office of the Inspector General, $8,876,000 is
provided for fiscal year 2010.
TITLE IX--GENERAL PROVISIONS
The recommendation incorporates general provisions from the
House and Senate versions of the bill which were not amended.
Those general provisions that were addressed follow:
The recommendation retains a provision proposed by the
Senate that provides for special transfer authority for this
title. The House bill contained a similar provision.
The recommendation retains a provision proposed by the
Senate that provides authority for the supervisory and
administrative costs associated with construction projects in
Afghanistan funded with operation and maintenance funds, that
may be obligated when the contract is awarded. The House bill
contained a similar provision.
The recommendation retains a provision proposed by the
Senate that provides for the procurement of passenger motor
vehicles for the physical security of personnel. The House
bill contained a similar provision.
The recommendation modifies a provision proposed by the
House and the Senate which provides funding under ``Operation
and Maintenance, Army'' to fund the Commander's Emergency
Response Program (CERP) and requires quarterly reports to the
congressional defense committees.
The recommendation does not retain a provision proposed by
the House that provides for a transfer from the Defense
Cooperation Account. The Senate bill contained no similar
provision.
The recommendation retains a provision proposed by the
Senate that designates funds in this title for overseas
deployments and other activities. The House bill contained a
similar provision.
The recommendation retains a provision proposed by the
House that prohibits the use of funds made available in this
Act to contravene laws enacted or regulations promulgated to
implement the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Senate bill contained the same provision in Title VIII.
The recommendation does not retain a provision proposed by
the House that requires a report on the timetable for Iraq
troop draw down. The Senate bill contained no similar
provision. The issue is addressed elsewhere in this
statement.
The recommendation retains a provision proposed by the
Senate that provides reporting requirements and reprogramming
thresholds for Iraq and Afghanistan Security Forces Funds and
Pakistan Counterinsurgency Fund. The House bill contained no
similar provision.
The recommendation includes a provision that restricts the
transfer or release into the United States of any individual
who was detained at Naval Station, Guantanamo Bay, Cuba.
The recommendation does not retain a provision proposed by
the Senate that provides funding for fuel requirements. The
House bill contained no similar provision.
The recommendation retains a provision proposed by the
Senate that prohibits funding of the Association Community
Organizations for Reform Now. The House bill contained no
similar provision. The issue is addressed in Title VIII.
The recommendation does not retain a provision proposed by
the Senate that provides for the support of certain civilian-
military training for citizens deploying to Afghanistan. The
House bill contained no similar provision. This issue is
addressed elsewhere in the statement.
The recommendation does not retain a provision proposed by
the Senate to hold open and closed hearings on strategy and
resources of the United States with respect to Afghanistan
and Pakistan. The House bill contained no similar provision.
The recommendation modifies a provision proposed by the
Senate that makes available funding for outreach and
reintegration services under the Yellow Ribbon Reintegration
Program. The House bill contained no similar provision.
TITLE X--GENERAL PROVISIONS
The recommendation incorporates general provisions from the
House and Senate versions of the bill which were not amended.
Those general provisions that were addressed follow:
The recommendation does not retain a provision proposed by
the House concerning hyperbaric chambers for treatment of
traumatic brain injury. The Senate bill contained no similar
provision. The issue is addressed elsewhere in the statement.
[[Page 32412]]
[[Page 32413]]
[[Page 32414]]
[[Page 32415]]
[[Page 32416]]
[[Page 32417]]
DIVISION B--OTHER MATTERS
Section 1001 provides such sums as are necessary for the
Supplemental Nutrition Assistance Program (SNAP), to be held
in reserve for use in such amounts and at such times as may
be necessary to carry out the program. The fiscal year 2010
appropriation for SNAP was based on the latest official
projection available to Congress at that time--the Office of
Management and Budget's Mid-Session Review--and can support a
large increase in participation over fiscal year 2009.
However, increases in participation levels in the latter part
of fiscal year 2009 were very high. If those rates of
increase continue, the current appropriation level would not
be sufficient to meet program participation.
Section 1002 provides $400,000,000 in additional funding
for state administrative expenses under the Supplemental
Nutrition Assistance Program, to assist states in dealing
with high program participation levels, designated as an
emergency requirement.
Section 1003 extends the authorization for compulsory
copyright license used by satellite television providers to
February 28, 2010. Funding is fully offset.
Section 1004 provides extension to certain provisions of
the USA PATRIOT Improvement and Reauthorization Act of 2005
and the Intelligence Reform and Terrorism Prevention Act of
2004 until February 28, 2010.
Section 1005 extends the National Flood Insurance Program
through February 28, 2010.
Section 1006 provides $125,000,000 to the Small Business
Administration (SBA), to continue two temporary enhancements
to SBA loan guarantee programs made by the American Recovery
and Reinvestment Act of 2009 and which are nearly out of
funding. One of the enhancements being extended allows the
SBA to guarantee 90 percent of certain small business loans,
instead of the 75 percent allowed under permanent law (or 85
percent for small loans), thereby encouraging banks to make
these loans by reducing the amount they have at risk and the
reserves they must hold. The other reduces fees paid by
lenders and borrowers. The funding provided in the bill is
estimated to be sufficient to continue both items through
February 28, 2010. The bill also extends the expiration date
of the authorization for the 90 percent loan guarantees from
February 17 to February 28, 2010. Funding is fully offset.
Section 1007 will release upon enactment to Swain County,
North Carolina $4,000,000 of previously appropriated funds,
with the remaining $8,800,000 to be made available 120 days
after the County, the state of North Carolina, the Interior
Department and the Tennessee Valley Authority reach a
settlement.
Section 1008 extends the authorization for the highway,
transit, highway safety and motor carrier safety programs of
the Department of Transportation until February 28, 2010.
Section 1009 provides an extension of expiring UI benefit
provisions that were established or continued in the American
Recovery and Reinvestment Act, including the Emergency
Unemployment Compensation program, 100 percent Federal
funding for the Extended Benefits program, and the extra $25
weekly UI benefit through February 28, 2010.
Section 1010 extends the 65 percent COBRA health insurance
subsidy from nine to 15 months for individuals who have lost
their jobs. The job lost eligibility date is extended in the
provision through February 28, 2010.
Section 1011 delays a scheduled 21.2 percent reduction in
Medicare's 2010 physician payments through February 28, 2010.
Section 1012 includes a provision to freeze the Department
of Health and Human Services poverty guidelines at 2009
levels in order to prevent a reduction in eligibility for
certain means-tested programs, including Medicaid,
Supplemental Nutrition Assistance Program (SNAP), and child
nutrition, through March 1, 2010.
Section 1013 rescinds funds from the digital television
conversion coupon program.
Section 1014 provides that explanatory statement submitted
by the Chairman of the Defense Subcommittee shall have the
same effect as a joint explanatory statement.
DISCLOSURE OF CONGRESSIONAL EARMARKS AND CONGRESSIONALLY DIRECTED
SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the amended bill or the explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the amended bill nor the explanatory statement
contains any limited tax benefits or limited tariff benefits
as defined in the applicable House or Senate rules.
DEFENSE
[Congressionally Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Requester(s)
Account Project Amount -----------------------------------------------------------------
House Senate
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Air Filtration Systems for National Guard Helicopters $800,000 Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Air Warrior Ensemble Generation III $3,000,000 Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Army National Guard UH-60 Rewiring Program $8,000,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Automatic Identification Technology Life Cycle Asset Management $1,200,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A CH-47 Helicopter Forward and Aft Hook Project $2,400,000 Baird
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A CH-47F Common Avionics Architecture System-Pilot Vehicle Interface $2,720,000 Hinchey; Latham; McHugh Grassley; Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Civil Support Communications Systems for Kentucky Army National Guard UH-60 Aircraft $1,600,000 Rogers (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Forward Looking Infrared Sensors for UH-60 Medevac Helicopters for the Minnesota National $800,000 Oberstar Klobuchar
Guard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Internal Auxiliary Fuel Tank System $2,400,000 Franks (AZ); Bishop (UT); Bennett; Hatch; Leahy
Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Recoil UH-60 Wild Land Fire-Fighting Tank System $3,200,000 Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A UH-72A Integrated Vehicle Management System $1,600,000 Johnson; Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Vibration Management Enhancement Program $3,000,000 Clyburn; Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF ARC 210 Radios for ANG F-16s $1,600,000 Brownback; Harkin; Hatch;
Merkley; Nelson (FL); Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF C-130 Active Noise Cancellation System $2,400,000 Tiahrt Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Civil Air Patrol $4,000,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Large Aircraft Podded Infrared Countermeasures Systems for Air Force Reserve KC-135 $1,200,000 Bean
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF LITENING 4th Generation Kit Upgrades $2,000,000 Boozman; Herseth Sandlin Johnson; Landrieu; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32418]]
AP,AF Miniature Air-Launched Decoy $1,600,000 Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Scathe View Hyper-Spectral Imagery Upgrade for Nevada ANG $3,600,000 Titus; Berkley; Heller Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Senior Scout, Electro-Optical Infrared Capability $4,800,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Senior Scout, Line of Sight Datalink $2,400,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Senior Scout, Remote Operations Capability $2,400,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Support Equipment for Time Critical Targeting, Senior Scout $3,000,000 Bennett; Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Advanced Skills Management Command Portal--Fleet Readiness Centers $2,000,000 Dicks Cantwell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N AN/AAR-47D(V)X Missile Warning System $4,000,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Crane Integrated Defensive Electronic Countermeasures Depot Capability $1,600,000 Ellsworth Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Direct Squadron Support Readiness Training Program $3,200,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Multi-Mission Helicopter Avionics System Test Bed $1,500,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N UC-12 Replacement Aircraft $1,960,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Universal Avionics Recorder Wireless Flight Download Data $800,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP AFIP/Joint Pathology Center Records Digitization and Repository Modernization $12,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Composite Operational Health and Occupational Risk Tracking System $2,400,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Enhanced Medical Situational Awareness $1,920,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Epidemiologic Health Survey $720,000 Loebsack Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Fort Drum Regional Health Planning Organization $430,000 McHugh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Hawaii Federal Health Care Network $23,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Lung Injury Management $1,160,000 Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Madigan Army Medical Center Trauma Assistance $2,500,000 Dicks; Smith (WA) Cantwell; Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Military Physician Combat Medical Training $1,000,000 Brown, Corrine (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Patient Care Improvement Project at Keesler Medical Center $3,280,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Regional Telepathology Initiative at Keesler AFB $1,680,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Security Solutions from Life in Extreme Environments Center $800,000 Cummings Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Shock Trauma Center Operating Suites $2,400,000 Ruppersberger; Cummings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Web-Based Teaching Programs for Military Social Work $3,200,000 Roybal-Allard Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Wide Area Virtual Environment Simulation for Medical Readiness Training $2,400,000 Van Hollen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Advanced Carbon Nanotube Volume Production Facility $2,400,000 Hodes Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Aluminum Oxy-Nitride and Spinel Optical Ceramics $2,400,000 Bono Mack; Higgins; Tierney Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Armor and Structures Transformation Initiative-Steel to Titanium $8,100,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Automated Composite Technologies and Manufacturing Center $9,600,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Bio-synthetic Paraffinic Kerosene Production $4,000,000 Burris
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Conductive Composites Nano-Materials Scale-Up Initiative $2,800,000 Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Extremely Large, Domestic Expendable and Reusable Structures Manufacturing Center $7,840,000 Aderholt; Griffith Cochran; Shelby; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Flexible Aerogel Materials Supplier Initiative $2,400,000 Kennedy Reed; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Goodrich Terahertz Spectrometer $4,000,000 Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA High Homogeneity Optical Glass $3,200,000 Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA High Performance Thermal Battery Infrastructure Project $3,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32419]]
DPA Inventory for Defense Applications to Ensure Reliability of Short Lead Times $10,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Lightweight Small Caliber Ammunition Production Initiative $3,760,000 Taylor Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Low Cost Military Global Positioning System (GPS) Receiver $3,200,000 Loebsack; Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Metal Injection Molding Technological Improvements $800,000 Pascrell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Military Lens System Fabrication and Assembly $3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Navy Production Capacity Improvement Project $3,200,000 Dent Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Production of Miniature Compressors for Electronics and Personal Cooling $3,600,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Radiation Hardened Cryogenic Read Out Integrated Circuits $1,600,000 Simpson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Titanium Metal Matrix Composite and Nano-Enhanced Titanium Development $6,400,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Alaska National Guard Counter-Drug Program $2,400,000 Begich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Delaware National Guard Counter-Drug Task Force $300,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Florida Counter-Drug Program $2,900,000 Putnam; Brown, Corrine (FL); Nelson (FL)
Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Hawaii National Guard Counter-Drug Program $3,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS HERON Maritime UAS for SOUTHCOM $9,340,000 Childers Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Indiana National Guard Counter-Drug Program $2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Kentucky National Guard Counter-Drug Program $3,600,000 Rogers (KY) McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Midwest Counter-Drug Training Center $6,000,000 Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Minnesota National Guard Counter-Drug Program $1,600,000 Oberstar Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Montana National Guard Counter-Drug Task Force $800,000 Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Nevada National Guard Counter-Drug Program $4,000,000 Titus; Berkley Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS New Mexico National Guard Counter-Drug Program $4,800,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS North Carolina Counter-Drug Task Force $800,000 Jones (NC); Butterfield; Shuler Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Northeast Counter-Drug Training Center $4,500,000 Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Regional Counter-Drug Training Academy--Meridian $2,800,000 Harper Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Tennessee National Guard Appalachia High Intensity Drug Trafficking Area $4,000,000 Tanner; Davis (TN) Alexander; Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS West Virginia Counter-Drug Program $800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Western Region Counter-Drug Training Center $2,500,000 Dicks; Baird; Larsen (WA); Cantwell; Murray
McDermott; Smith (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Alaska Territorial Guard Begich; Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Arrest Deterioration of Ford Island Aviation Control Tower, Pearl Harbor, HI $3,840,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Center for Military Recruitment, Assessment and Employment $3,000,000 Roskam
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Edward M. Kennedy Institute for the Senate $18,900,000 Markey (MA) Inouye; Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Joint Venture Education Program $5,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Marshall Legacy Institute $500,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP National World War II Museum $20,000,000 Cao Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP New Jersey Technology Center $3,000,000 Holt; Pallone Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Our Military Kids $800,000 Connolly; Kennedy; Kilroy;
Moran (VA); Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Paralympics Military Program $5,000,000 Kennedy, Langevin Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32420]]
GP Riverside General Hospital, Houston, TX $1,000,000 Jackson-Lee (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP SOAR Virtual School District $6,000,000 Braley Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP The Presidio Heritage Center $5,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Training Range Upgrades Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP U.S.S. Missouri Memorial Association $5,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Vietnam Veterans Memorial Fund for De-mining Activities $1,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Women In Military Service for America Memorial $1,600,000 Richardson; Bordallo; Granger;
Schakowsky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ICMA Language Mentorship Program incorporating an electronic portfolio $800,000 Boswell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS, ANG Joint Interagency Training and Education Center $1,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS, ARNG Joint Interagency Training and Education Center $3,250,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS, ARNG WMD Civil Support Team for Florida $1,200,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS, ARNG WMD Civil Support Team for New York $200,000 McMahon; Hall (NY); Hinchey Gillibrand
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Air Battle Captain ROTC Helicopter Training $1,760,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Air-Supported Temper Tent $3,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Americans with Disabilities Act Compliance for the Historical Fort Hamilton Community Club $1,440,000 McMahon Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Anti-Corrosion Nanotechnology Solutions for Logistics $800,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Command and General Staff College Leadership Training Program $2,000,000 Jenkins Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Conservation and Ecosystem Management $4,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Force Generation Synchronization Tool $800,000 Dent; Bishop (UT); Dingell Bennett; Casey; Levin; Specter;
Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Biometrics Operations Directorate Transition $1,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Common Logistics Operating System $1,600,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Critical Language Instruction for Military Personnel, Education, Training and Distance $2,400,000 Putnam
Learning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Defense--Fire Alarm/Detection System Installation for the Historical Fort Hamilton Community $400,000 McMahon Schumer
Club
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Defense Job Creation and Supply Chain Initiative $2,400,000 Posey; Brown, Corrine (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Defense--Sprinkler System Installation for the Historical Fort Hamilton Community Club $960,000 McMahon Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Desert Locust Laser Protective Lens $2,400,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Diversity Recruitment for West Point Military Academy $800,000 Hall (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Fort Benning National Incident Management System Compliant Installation Operations Center $4,000,000 Bishop (GA); Rogers (AL) Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Fort Bliss Data Center $1,360,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Fort Hood Training Lands Restoration and Maintenance $2,000,000 Carter; Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Genocide Prevention Course through Combined Arms Center $1,280,000 Israel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Ground Combat System Knowledge Center and Technical Inspection Data Capture $1,000,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Initiative to Increase Minority Participation In Defense $6,400,000 Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A IT and Information Management Upgrades, Fort Greely, AK $300,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Lightweight Tactical Utility Vehicles $3,600,000 Petri, Kissell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Logistics Interoperability $1,200,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32421]]
OM,A Modular Command Post Tent $4,800,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Net-Centric Decision Support Environment Sense and Respond Logistics $2,000,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Online Technology Training Program at Joint Base Lewis-McChord $1,600,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Operational/Technical Training Validation for Joint Maneuver Forces at Fort Bliss $800,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Post Security Enhancements, Fort Greely, AK $800,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Repair Heating, Ventilation, Air Conditioning System in National Simulations Center $1,428,000 Jenkins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Rock Island Arsenal Building 299 Roof Replacement $5,800,000 Braley Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A ROTC and Reserve Component Strategic Language Hub Pilot $1,200,000 Deal, Marshall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Rule of Law $500,000 Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Transformation of ISO Containers to Smart Containers $3,300,000 Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A TRANSIM Driver Training $3,500,000 Kingston; Bishop (UT); Matheson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A UH-60 Leak Proof Drip Pans $2,500,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A US Army ROTC Emergency Facility Renovation $935,000 Posey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Advanced Autonomous Robotic Inspections for Aging Aircraft $800,000 Cole; Fallin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Air Education and Training Command Range Improvements at the Barry M. Goldwater Range $1,200,000 Giffords; Franks (AZ);
Grijalva; Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Air Force Academy Space and Defense Studies Research and Curriculum Development $300,000 Bennet; Udall (CO)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Alaska Joint Command and Control Infrastructure and Physical Security $1,560,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Defense Critical Languages and Cultures Initiative $3,000,000 Conaway Cornyn; Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Demonstration Project for Contractors Employing Persons with Disabilities $3,200,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Diversity Recruitment for Air Force Academy $550,000 Becerra
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Expert Knowledge Transformation Project $1,600,000 Gonzalez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Joint Aircrew Combined System Tester (JCAST) $1,600,000 Biggert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Joint Pacific Alaska Range Complex (JPARC) Enhancements $6,900,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF MacDill Air Force Base Online Technology Program $800,000 Castor (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Military Medical Training and Disaster Response Program $1,600,000 Mitchell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Minority Aviation Training Program $1,000,000 Meek (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Mission Essential Airfield Operations Equipment $931,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF National Center for Integrated Civilian-Military Domestic Disaster Medical Response $3,200,000 DeLauro Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF USAF Engine Trailer Life Extension Program $2,400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Wage Issue Modification for USFORAZORES Portuguese National Employees $240,000 Frank (MA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Warner Robins Air Logistics Center Strategic Airlift Aircraft Availability Improvement $3,200,000 Kingston; Marshall Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG 190th Air Refueling Wing Squadron Operations Facility $6,600,000 Jenkins Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Controlled Humidity Protection for McEntire Joint National Guard Base (SCANG Facilities) $2,160,000 Wilson (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Critical Infrastructure Interdependencies Vulnerabilities Assessment (CIIVA) Program $2,000,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Facility Renovations and Retrofit, 168th Air Refueling Wing $1,300,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Force Protection and Training Equipment $465,000 Graves
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Joint Interagency Training and Education Center $150,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Joint Interoperability Coordinated Operations and Training Exercise $515,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32422]]
OM,ANG Smoky Hill Range Access Road Improvements $800,000 Moran (KS) Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AR Nevada National Guard Joint Operations Center $800,000 Heller Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Advanced Law Enforcement Rapid Response Training $800,000 Doggett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Advanced Trauma Training Course for the Illinois National Guard $2,000,000 Davis (IL); Jackson (IL) Burris
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Army National Guard M939A2 Repower Program $4,000,000 Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Army National Guard Unit History Records $4,000,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG ARNG Battery Modernization Program $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Camp Ethan Allen Training Site Road Equipment $300,000 Welch Leahy; Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG CID Equipment $449,000 Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Colorado National Guard Reintegration Program $1,000,000 Bennet; Udall (CO)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Florida Army National Guard Future Soldier Trainer $2,400,000 Meek (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Full Cycle Deployment Support Pilot Program $3,200,000 Hodes; Shea-Porter Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG High-Mobility Multipurpose Wheeled Vehicle Repair $20,000,000 Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Joint Command Vehicle and Supporting C3 System $1,800,000 Shea-Porter; Hodes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Joint Interagency Training and Education Center $5,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Marksmanship Skills Trainer $2,000,000 Conaway; Ortiz Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Minnesota National Guard Beyond the Yellow Ribbon Reintegration Program $2,000,000 Walz; Ellison; Oberstar; Klobuchar
Paulsen; Peterson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Multi-Jurisdictional Counter-Drug Task Force Training $2,800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG National Guard and First Responder Resiliency Training $1,500,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG National Guard Civil Support Team/CBRNE Enhanced Response Force Package $1,200,000 Dicks; Hastings (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG North Carolina National Guard Family Assistance Centers $1,280,000 Butterfield; Etheridge; Burr; Hagan
McIntyre; Miller (NC); Price
(NC); Shuler; Watt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Oregon National Guard Reintegration Program $960,000 Schrader Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Re-establishing Ties: The Road from Warrior to the Community $3,000,000 Adler; Smith (NJ) Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Regional Geospatial Service Centers $2,000,000 Gohmert Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Repair of Military Asset Storage Facilities $2,300,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Supplemental Child Care Support for Families of Deployed Vermont Reserve Component $1,600,000 Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Tools for Maintenance Conversion $1,600,000 Burris
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Training Aid Suite for Vermont NG Training Sites $1,046,400 Welch Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG UH-60 Leak Proof Drip Pans $2,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont Army National Guard Security Upgrades $744,000 Welch Leahy; Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont National Guard Family Assistance Centers $500,000 Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont Service Member, Veteran, and Family Member Outreach, Readiness, and Reintegration $2,400,000 Leahy; Sanders
Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG WMD Civil Support Team for Florida $2,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG WMD Civil Support Team for New York $500,000 McMahon; Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG WMD Multi-Sensor Response and Infrastructure Project System $1,600,000 Fallin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Almaden AFS Environmental Assessment and Remediation $3,200,000 Honda; Lofgren Boxer; Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Armed Forces Health and Food Supply Research $800,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32423]]
OM,DW Castner Range Conservation Conveyance Study $300,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Centerville Naval Housing Transfer $4,800,000 Thompson (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Counter Threat Finance--Global $1,600,000 Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Critical Language Training $1,600,000 Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Defense-Critical Languages and Cultures Program $2,000,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Drydock #1 Remediation and Disposal $3,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Eliminate Public Safety Hazards $1,072,000 Slaughter Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW George AFB (New and Existing Infrastructure Improvements) $1,000,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Hunters Point Naval Shipyard Remediation $9,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW McClellan AFB Infrastructure Improvements $800,000 Matsui Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Middle East Regional Security Program $2,400,000 Berman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Military Intelligence Service Historic Learning Center $1,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW MS GIS Educational and Research Program $1,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Naval Station Ingleside Redevelopment $1,000,000 Ortiz Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Norton AFB (New and Existing Infrastructure Improvements) $4,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW NSW Protective Combat Uniform $2,500,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Phase I of Berth N-2 Reconstruction of MOTBY Ship Repair Facility $3,600,000 Sires Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Remediation of Jet Fuel Contamination at Floyd Bennett Field $2,400,000 Weiner Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Soldier Center at Patriot Park, Ft. Benning $4,000,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Special Operations Forces Modular Glove System $4,780,000 Kratovil; Baird; Castle; Carper; Kaufman; Mikulski;
McDermott Murray; Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Strategic Language Initiative $2,880,000 Richardson; Royce; Watson Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Thorium/Magnesium Excavation--Blue Island $1,600,000 Jackson (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Translation and Interpretation Skills for DoD $1,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Family of Shelters and Tents $1,600,000 Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Flame Resistant High Performance Apparel $1,200,000 Kissell Burr; Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Hemostatic Combat Gauze $800,000 DeLauro Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC MGPTS Type III or Rapid Deployable Shelter $2,400,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Rapid Data Management System $2,500,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Spray Technique Analysis and Research for Defense (STAR4D) $2,200,000 Braley Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Ultra Lightweight Camouflage Net System (ULCANS) $2,800,000 Etheridge; Coble Burr; Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N ATIS Maintenance and Enhancement Program $800,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Brown Tree Snake Program $500,000 Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Center for Defense Technology and Education for the Military Services (CDTEMS) $5,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Continuing Education--Distance Learning at Military Installations $1,600,000 Brown-Waite, Ginny (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Digitization, Integration, and Analyst Access of Investigative Files, Naval Criminal $4,000,000 Byrd
Investigative Services
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Diversity Recruitment for Naval Academy $800,000 Becerra
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Energy Education and Training for Military Personnel $500,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Enhanced Navy Shore Readiness Integration $4,000,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32424]]
OM,N Fleet Readiness Data Assessment $1,920,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Institute for Threat Reduction and Response--Simulated and Virtual Training Environments $960,000 Brown, Corrine (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Mk 45 Mod 5 Gun Depot Overhauls $12,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Naval Strike Air Warfare Center OEF/OIF training (Terminal Attack Control) $800,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Navy Ship Disposal--Carrier Demonstration Project $2,400,000 Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Puget Sound Naval Maintenance and Repair Process Improvements $1,680,000 Dicks Cantwell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Puget Sound Navy Museum $600,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,NR Developing and Testing Environmentally Safe Decontaminating Agents for Bio-defense, $1,200,000 Diaz-Balart, Mario (FL)
Biomedical, and Environmental Use
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Call for Fire Trainer II/Joint Fires and Effects Trainer System $5,000,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combat Casualty Care Upgrade Program $2,400,000 Barrett Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combat Skills Marksmanship Trainer $4,000,000 Kingston; Gingrey (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combined Arms Virtual Trainers for the New Mexico National Guard $400,000 Lujan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combined Arms Virtual Trainers for the Tennessee National Guard $5,000,000 Davis (TN); Wamp; Duncan Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Communications Aerial Platforms for Increased Situational Awareness for the Minnesota $1,888,000 Paulsen; Oberstar; Walz Klobuchar
National Guard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Expandable Light Air Mobility Shelters (ELAMS) and Contingency Response Communications $1,600,000 Levin; Stabenow
System (CRCS)--Illinois National Guard (ILNG)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A FIDO Explosives Detector $3,000,000 Fallin Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Fifth-Wheel Towing Devices for the Puerto Rico Army National Guard $560,000 Pierluisi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Fort Bragg Range 74 Combined Arms Collective Training Facility $800,000 Kissell Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A HMMWV Egress Assistance Trainer for the Tennessee National Guard $160,000 Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Immersive Group Simulation Virtual Training System for the Hawaii National Guard $2,300,000 Abercrombie Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Individual Gunnery; Tank Gunnery; and Tabletop Full-Fidelity Trainers for the New Mexico $1,600,000 Lujan
National Guard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Kentucky National Guard Emergency Response Generator Stockpile $4,800,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Laser Marksmanship Training System $2,000,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Life Support for Trauma and Transport $800,000 Sanchez, Loretta (CA); Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Machine Gun Training System for the Pennsylvania National Guard $2,400,000 Holden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Magneto Inductive Remote Activation Munitions System (MI-RAMS) M156/M39 Kits and M40 $7,200,000 Lewis (CA)
Receivers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Mine Resistant Ambush Protected Vehicle Virtual Trainers for the Illinois National Guard $6,400,000 Hare Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Mine Resistant Ambush Protected Vehicle Virtual Trainers for the Tennessee National Guard $5,000,000 Davis (TN); Duncan; Tanner Alexander; Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Mobile Defensive Fighting Position $1,600,000 Maffei Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Mobile Firing Range for the Texas National Guard $1,500,000 Conaway; Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Multi-Temperature Refrigerated Container System $2,800,000 Davis (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Muscatatuck Urban Training Center Instrumentation for the National Guard $2,000,000 Ellsworth Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Phoenix Quad-Band Satellite Receiver for the Delaware National Guard $3,200,000 Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Radio Personality Modules for SINCGARS Test Sets $3,000,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Red River Army Depot Modernization $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Regional Emergency Response Network Emergency Cell Phone Capability $4,000,000 Hastings (FL); Stearns; Brown, Nelson (FL)
Corrine (FL); Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32425]]
OP,A Reinforcement HMMWV Repair Hood Kits $800,000 Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Tactical Operations Center for the Washington National Guard $1,840,000 Reichert, Baird, McDermott Cantwell; Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Tactical/Crew Served Weapon Illumination Systems $2,400,000 Ensign; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Ultra Light Utility Vehicles for the National Guard $4,480,000 Obey Harkin; Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A US Army Operator Driving Simulator for the Tennessee National Guard $280,000 Corker; Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Virtual Convoy Operations Trainer for the New Mexico National Guard $1,200,000 Lujan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Virtual Convoy Operations Trainers for the Illinois National Guard $2,400,000 Hare Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Virtual Interactive Combat Environment for the New Jersey National Guard $3,500,000 Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Virtual Interactive Combat Environment Training System for the Virginia National Guard $2,000,000 Connolly; Moran (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Air National Guard Joint Threat Emitter--Savannah Combat Readiness Training Centers $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Aircrew Body Armor and Load Carriage Vest System $2,400,000 Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Eagle Vision for the Hawaii Air National Guard $2,400,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Eagle Vision III $4,800,000 Bilbray; Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Eagle Vision Program $1,500,000 Clyburn; Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Joint Pacific Alaska Range Complex (JPARC) Enhancements $12,680,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Joint Threat Emitters $4,000,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Mission Essential Airfield Operations Equipment $916,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Mission Essential Airfield Operations Equipment $1,139,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF One AF/One Network Infrastructure $1,600,000 Olson; Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF One AF/One Network Infrastructure for the Pennsylvania National Guard $1,600,000 Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Unmanned Threat Emitters (UMTE) Modernization $2,400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Adaptive Diagnostic Electronic Portable Testset $1,000,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Advanced Mission Extender Device Kits $1,600,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N AN/BLQ-10A(V) Wideband Signal Processor $3,000,000 Marshall Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N AN/USQ-167 COMSEC Upgrade $800,000 Filner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Canned Lube Pumps LHD-1 Class $800,000 Kissell Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Deployable Joint Command and Control Shelter Upgrade Program $2,400,000 Salazar Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Dive Boats $2,000,000 Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Enhanced Detection Adjunct Processor $3,200,000 Kaptur Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Force Protection Boats (Small) $2,000,000 Melancon Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Fuel Oil Barge (YON) $4,200,000 Brown (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Hawaiian Range Complex $1,600,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Hydroacoustic Low Frequency Source Generation Systems $1,600,000 Massa; Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Intelligraf Training and Maintenance Aid for Above Water Sensors $2,000,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N LCS-1 Waterjet Spares $3,200,000 Lynch Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N LSD-41/49 Diesel Engine Low Load Upgrade Kit $1,600,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Multi-Climate Protection System $6,400,000 Rogers (MI); Hodes, Shea- Gregg; Kerry; Kirk; Levin;
Porter; Tsongas Shaheen; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Navy AIT Logistics Modernization $3,200,000 Kagen; Larsen (WA); Loebsack Grassley; Harkin; Murray; Reed;
Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32426]]
OP,N Pearl Harbor Navy Shipyard Equipment Modernization $4,200,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Radar Product Support System $2,400,000 Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N RAM Mark 49 Mod 3 Launcher Oblescence/Affordability $1,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Remote Monitoring and Troubleshooting Project $2,320,000 Aderholt Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Secure Remote Monitoring Systems $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Smart Valve Automatic Fire Suppression System $2,480,000 Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N SPAWAR Systems Center (SSC/ITC) New Orleans $6,000,000 Cao; Scalise Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N TB-33 Thinline Towed Array $4,000,000 Dodd; Lieberman; Reed;
Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW AN/PRC-148 MBITR/JTRS Enhanced MBITR $4,000,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Chemical and Biological Protective Shelter $5,000,000 Bartlett; Kratovil; Mikulski
Ruppersberger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Expansion of the Forensic Intelligence Technologies and Training Support Center of $1,600,000 Young (FL)
Excellence
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Fusion Goggle System $2,400,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Intelligence Broadcast Receiver for AFSOC MC-130 $800,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Light Mobility Vehicle--Internally Transportable Vehicle $1,600,000 Waters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW M4 Weapons Shot Counter $3,400,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Mission Helmet Recording System $5,200,000 Shea-Porter Collins; Gregg; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW MK47 Mod 0 Advanced Lightweight Grenade Launcher $6,000,000 Michaud; Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Overt Small Laser Marker $1,600,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Reactive Skin Decontamination Lotion $4,480,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Small Arms Training Ranges $2,000,000 Ensign; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW SOPMOD II (M4 Carbine Rail System) $2,000,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW SOVAS-Hand Held Imager/Long Range $4,000,000 Rehberg Baucus; Kerry; Kirk; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Special Operations Craft--Riverine $5,000,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Special Operations Forces Combat Assault Rifle $2,000,000 Wilson (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Special Operations High Performance In-Line Sniper Scope $2,400,000 Tsongas Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Special Operations Live Rehearsal System $1,600,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Marine Corps MK 1077 Flatracks $2,400,000 Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Microclimate Cooling Unit for M1 Abrams Tank $800,000 Lee (NY); Higgins Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Nitrile Rubber Collapsible Fuel Bladders $3,100,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC On Board Vehicle Power Kits for USMC MTVR Trucks $9,000,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Portable Armored Wall System $1,000,000 Adler; Bishop (UT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Portable Military Radio Communications Test Set $1,200,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A 40mm Tactical All Types Mortar Round $4,000,000 Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Ammunition Production Base Support (Scranton Army Ammunition Plant) $2,800,000 Kanjorski; Carney Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Blue Grass Army Depot Equipment $2,400,000 Chandler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Blue Grass Army Depot Supercritical Water Oxidation--Conventional Demil $3,920,000 Rogers (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A CTG, Arty, 155mm, Illum $7,200,000 Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A CTG, Mortar, 120MM, Illum $4,200,000 Ross Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32427]]
PA,A M721 60mm Illuminating Mortar $1,600,000 Ross Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A M722 60mm White Phosphorus Smoke Mortar $1,600,000 Ross Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Small Caliber Ammunition Production Modernization $4,000,000 Graves; Cleaver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,AF MCAAP Bomb Line Modernization $2,400,000 Boren Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PANMC Enhanced Laser Guided Training Round $3,600,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact Airborne Mui-Mission Payload (CAMP) $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 101st Airborne/Air Assault Injury Prevention and Performance Enhancement Initiative $3,000,000 Corker; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 30-kW Auxiliary Power Unit for Armored Combat Vehicles $1,600,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 3D Woven Preform Technology for Army Munitions Applications $1,600,000 Kennedy Reed; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 4th Generation Wireless Exploitation $2,400,000 Hodes Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 5.56mm Aluminum Cartridge Case $1,600,000 Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Academic Support and Research Compliance for Knowledge Gathering $2,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Accelerated Materials Development for Army Cannon Systems $2,400,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Achieving Lightweight Casting Solutions $1,600,000 Schock Burris
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Acid Alkaline Direct Methanol Fuel Cell $1,600,000 McIntyre Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Acoustic Gun Detection System for Tracked Combat Vehicles $1,600,000 Capuano Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Adaptive Lightweight Materials Technology for Missile Defense $3,200,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Adaptive Robotics Technology for Space, Air, and Missiles (ART-SAM) $3,360,000 Aderholt; Rogers (AL) Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Affordable Turbine Engine Program $4,000,000 Larson (CT); Courtney; DeLauro; Dodd; Lieberman
Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Battery Development Program $9,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Battery Materials and Manufacturing $4,000,000 Halvorson, Biggert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Bio-Engineering for Enhancement of Soldier Survivability $2,500,000 Johnson (GA); Bishop (GA); Chambliss; Isakson
Gingrey (GA); Kingston; Lewis
(GA); Scott (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Bonded Diamond for Optical Applications $2,000,000 Kingston Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Cancer Genome Institute $2,000,000 Higgins; Lee (NY); Slaughter Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Carbon Hybrid Battery for Hybrid Electric Vehicles $800,000 Bishop (GA) Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Cavitation Power Technology $3,840,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Commercial Technology Insertion $3,100,000 Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Communications for Mobile Networks $3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composite Ammunition Magazine/Mount System $1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composite Armor for Force Protection $1,600,000 Coble
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composite Materials Research for Land, Marine, and Air Vehicles $2,800,000 Rogers (MI) Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composite Research for Vehicles $4,000,000 Kilpatrick Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composites for Light Weight, Low Cost Transportation Systems using a 3+ Ring $2,400,000 Stupak Levin
Extruder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Conductivity Program $1,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Corrosion Protection for Military Vehicles and Equipment $2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Demining Technology $4,720,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Detection of Explosives $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32428]]
RDTE,A Advanced Diagnostic and Therapeutic Digital Technologies $1,600,000 Capuano; Cummings; Watson Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Digital Hydraulic Drive System $2,000,000 Upton Grassley; Klobuchar; Levin;
Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Electronics Rosebud Integration $3,000,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Environmental Control Systems $1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Field Artillery Tactical Data System $3,600,000 Souder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Flexible Solar Photovoltaic Technologies $2,400,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Fuel Cell Research Program $3,200,000 Poe Cornyn; Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Functional Nanomaterials for Biological Processes $2,400,000 Snyder Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Ground EW and Signals Intelligence System $2,000,000 Larsen (WA); Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Hybrid Chemistry for Portable Power $2,560,000 Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lightweight Gunner Protection Kit for Lightweight MRAP Vehicle $800,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lightweight Multifunctional Multi-Threat Composite Armor Material Technology $2,400,000 Rangel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lithium Ion Phosphate Battery System for Army Combat Hybrid HMMWV and Other Army $2,400,000 Dingell Levin; Stabenow
Vehicle Platforms
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Live, Virtual, and Constructive Training Systems $2,800,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lower Limb Prostheses for Battlefield Amputees $3,200,000 Markey (MA); McGovern Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Materials and Process for Armament Structures (AMPAS) $3,200,000 Sutton Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Military Wound Healing Research and Treatment $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Nanocomposite Materials for Lightweight Integrated Armor Systems $1,600,000 Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Packaging Materials for Combat Rations $800,000 Gingrey (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Polymer Systems for Defense Application--Power Generation, Protection and Sensing $2,400,000 Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Power Generation Unit for Military Applications $650,000 Roskam
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Power Source for Future Soldiers $1,200,000 Carson Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Power Technologies for Nano-Satellites $1,600,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Radar Transceiver Integrated Circuit Development $800,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Rarefaction Weapon Engineered System $3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Reactive Armor Systems $1,600,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Regenerative Medicine Therapies for Combat Injuries $3,200,000 Doyle Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Robot and Sensor Technology for Surveillance and Energy Efficiency Applications $1,200,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Soldier-Portable Power Systems Technologies $2,480,000 Childers Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Suspension System for Heavy Vehicles $2,160,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Tactical Fuels for the US Military $3,200,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Tactical Laser Flashlight $800,000 Kilpatrick Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Technology for Energy Storage $1,600,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Technology, Energy Manufacturing Sciences $7,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Thermal Management System $2,400,000 Stupak Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced UV Light Diode Development $800,000 Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Wearable Power System Manufacturing $1,600,000 Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32429]]
RDTE,A Advanced Composite Nickel-Manganese-Cobalt and other Lithium Ion Battery Technologies using $2,400,000 Hinchey Schumer
Nano Crystal Scission Process
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advancement of Bloodless Medicine $1,492,800 Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Affordable Light-Weight Metal Matrix Composite (MMC) Armor $2,500,000 Ensign; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Aging and Battle Damaged Weapon Systems Repair $1,200,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Air Drop Mortar Guided Munition for the Tactical UAV $2,400,000 Hastings (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Alginate Oligomers to Treat Infectious Microbial Biofilms $1,600,000 Kilroy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A All Composite Bus Program $2,000,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A All Composite Lightweight Military Vehicle $1,600,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Alliance for Nanohealth $4,000,000 Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A ALS Therapy Development Institute--Gulf War Illness Research Project $1,600,000 Capuano; Brown (SC) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Alternative Power Technology for Missile Defense $3,200,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Aluminum Armor Project $840,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Amorphous Si Flexible Photovoltaics for Grid Parity $1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A AN/ALQ 211 Networked EW Controller $800,000 Pascrell Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Antennas for Unmanned Aerial Vehicles $1,000,000 Bonner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Antiballistic Windshield Armor $2,400,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Anti-Microbial Bone Graft Product $1,600,000 Crenshaw; Stearns Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Antioxidant Micronutrient Therapeutic Countermeasures $800,000 McCarthy (NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Anti-Tamper Research and Development $3,040,000 Alexander Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Applied Communication and Information Networking $3,040,000 Andrews; LoBiondo Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A ARL 3D Model-Based Inspection and Scanning $2,400,000 Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A ARL-ONAMI Center for Nanoarchitectures for Enhanced Performance $800,000 Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Armament System Engineering and Integration Initiative $1,600,000 Frelinghuysen; Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Armaments Academy $3,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Asset Visibility Enhancement $800,000 Berkley Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Center of Excellence in Acoustics, National Center for Physical Acoustics $4,000,000 Childers Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Material Degradation $640,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Portable Oxygen Concentration System $1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Range Technology Program (ARTP) $4,880,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Responsive Tactical Space System Exerciser $3,000,000 Aderholt Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Vehicle Condition Based Maintenance $4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army/Joint STARS Surveillance and Control Data Link Technology Refresh $800,000 Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Asymmetric Threat Response and Analysis Project $2,000,000 Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Atomized Magnesium Domestic Production Design and Development $1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automated Communications Support Systems for WARFIGHTERS, Intelligence Community, Linguists, $1,500,000 Chambliss; Isakson
and Analysts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automated Portable Field System for Rapid Detection and Diagnosis of Endemic Diseases and $1,600,000 Massa Schumer
Other Pathogens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automotive Technology Tactical Metal Fabrication System $2,500,000 Clyburn; Brown (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32430]]
RDTE,A Automotive Tribology Center $1,600,000 Peters Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Autonomous Cargo Acquisition for Rotorcraft Unmanned Aerial Vehicles $1,280,000 Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Autonomous Sustainment Cargo Container $1,200,000 Bartlett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ballistic Armor Research $3,200,000 Dent Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Exercise and Combat Related Spinal Cord Injury Research $2,400,000 Brown-Waite, Ginny (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Nursing $1,600,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Related Injury Translational Research Strategies $1,800,000 Castor (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Research Accelerating Virtual Environments for Military Individual Neuro $1,000,000 Harman Boxer
Disorders (BRAVEMIND)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Beneficial Infrastructure for Rotorcraft Risk Reduction $800,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bio Battery $800,000 Griffith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bioactive Polymers and Coating Systems for Protection Against Bio-Threats $3,600,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biological Air Filtering System Technology $3,000,000 Berry Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biometrics DNA Applications $1,500,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bio-Printing of Skin for Battlefield Burn Repairs $2,000,000 Johnson, Sam (TX) Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biosecurity Research for Soldier Food Safety $1,600,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biosensor, Communicator and Controller System $3,500,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bio-Surveillance in a Highly Mobile Population $1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biowaste-to-Bioenergy Center $2,000,000 Murphy (NY); Tonko Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blood and Bone Marrow Collection Fellowship $2,000,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blood Safety and Decontamination Technology $2,400,000 Gerlach; DeLauro; Fattah; Chambliss; Feinstein; Schumer;
Markey (MA); McDermott; Tonko Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blood, Medical and Food Safety via Eco-Friendly Wireless Sensing (Phase II) $1,600,000 Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bradley Third Generation FLIR $4,500,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brain Interventional Surgical Hybrid Initiative $2,400,000 Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brain Safety Net $2,400,000 Walden; Blumenauer; DeFazio; Wu Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Breast Cancer Medical Information Network Decision Support $800,000 Berman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brownout Situational Awareness Sensor $2,400,000 Hunter; Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Building a Unified Information Framework $1,600,000 Andrews Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Burn and Shock Trauma Institute $1,600,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Buster/Blacklight UAV Development $800,000 Gonzalez; Ortiz; Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cadmium Emissions Reduction--Letterkenny Army Depot $1,000,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cancer Prevention through Remote Biological Sensing $1,600,000 Bishop (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Capabilities Expansion of Spinel Transparent Armor Manufacturing $1,600,000 Perlmutter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Captive Carry Sensor Test-Bed $2,400,000 Davis (AL); Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Carbide Derived Carbon for Treatment of Combat Related Sepsis $800,000 Sestak Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Carbon Nanotube Production $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cellular Therapy for Battlefield Wounds $2,800,000 Fudge
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cellulose Nanocomposites Panels for Ballistic Protection $1,600,000 Michaud; Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32431]]
RDTE,A Center for Advanced Emergency Response $4,000,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Bone Repair and Military Readiness $1,200,000 Cleaver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Borane Technology $2,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Cancer Immunology Research $1,600,000 Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Defense Systems Research $800,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Engineered Biomedical Device $288,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Genetic Origins of Cancer $2,000,000 Dingell; Upton Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Hetero-Functional Materials $800,000 Doggett; Conaway; Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Injury Biomechanics $4,000,000 Boucher Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Integration of Medicine and Innovative Technology $9,000,000 Capuano; Lynch Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Nanoscale Bio-Sensors as a Defense against Biological Threats $3,000,000 Boozman Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Ophthalmic Innovation $2,400,000 Diaz-Balart, Mario (FL); Ros- Nelson (FL)
Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Respiratory Biodefense $2,400,000 Bennet
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Virtual Reality Medical Simulation Training $1,200,000 Bachus; Davis (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center of Excellence in Infectious Diseases and Human Microbiome $2,400,000 Maloney; King (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ceramic and Metal Matrix Composites Armor Development using Ring Extruder Technology $800,000 Stupak Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ceramic Membrane--10(X) Times More Energy for Battery Systems $2,400,000 Schwartz Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A CERDEC Integrated Tool Control System $1,600,000 Pallone
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Chemical Materials and Environmental Modeling Project $2,000,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Chronic Tinnitus Treatment Program $800,000 Dent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cleveland Clinic Rehabilitation Research $800,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Clinical Development of a Norovirus Gastroenteritis Vaccine $3,600,000 Baucus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Clinical Technology Integration for Military Health $1,600,000 Markey (MA) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Clinical Trial to Investigate Efficacy of Human Skin Substitute $800,000 Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cluster Bomb Unit and Combined Effects Munitions Demilitarization $800,000 Brady (PA) Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cogeneration for Enhanced Cooling and Heating of Advanced Tactical Vehicles $3,200,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cognitive Based Modeling and Simulation for Tactical Decision Support $1,600,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Collaboration Skills Training for Time-Critical Teams, Squads and Workgroups $1,600,000 Davis (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Collagen-Based Wound Dressing $800,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Medic Trainer $2,000,000 Schwartz; Hunter Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Mental Health Initiative $1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Vehicle Electrical Power-21st Century (CVEP-21) $3,120,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Wound Initiative $2,400,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Command, Control, Communications Technology $1,600,000 Pascrell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact 10 Kilowatt Generator Set for Army and Marine Combat Vehicles $1,600,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact Biothreat Rapid Analysis Concept $4,800,000 Capuano Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact Pulsed Power Initiative $3,200,000 Conaway Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Complimentary and Alternative Medicine Research for Military Operations and Healthcare (MIL- $5,200,000 Harkin
CAM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32432]]
RDTE,A Composite Applied Research and Technology for FCS and Tactical Vehicle Survivability $3,200,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Bottles for Survival Egress Air $4,000,000 Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Small Main Rotor Blades $3,000,000 Tiahrt Brownback; Dodd; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compostable and Recyclable Fiberboard Material for Secondary Packaging $2,000,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Construct Training Program $1,600,000 Gutierrez; Jackson (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Continuous Threat Alert Sensing System (CTASS) $1,360,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Control of Vector-Borne Diseases $2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Conversion of Municipal Solid Waste to Renewable Diesel Fuel $2,520,000 Rothman; Lance; Sires Kerry; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cooperative Developmental Energy Program $1,600,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cooperative International Neuromuscular Research Group (CINRG) $3,280,000 Aderholt Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Countermeasures to Hemorrhaging (Liquid Bandage and Tissue Regeneration) $5,760,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Crewmember Alert Display Development Program $1,600,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cryofracture/Plasma Arc Demilitarization Program $6,400,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Current Force Common Active Protection System Radar $1,600,000 Johnson, Sam (TX); Hall (TX);
Johnson, Eddie Bernice (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Customized Nursing Programs for Fort Benning $1,600,000 Bishop (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cyber Threat Analytics $2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cybersecurity in Tactical Environments $800,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Advanced Transportation Technology Program Hybrid Truck Users Forum $4,800,000 Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Metals Technology Center $2,000,000 Boccieri; Ryan (OH) Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Support for Civil Authorities for Key Resource Protection $800,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Support to Civil Authorities Automated Support System $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Define Renewable Energy Sources for Base Energy Independence $1,600,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Demonstration of Thin Film Solar Modules as a Renewable Energy Source $800,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dermal Matrix Research $2,000,000 Lance Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Drugs for Malaria and Leishmaniasis $3,120,000 Childers Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Enabling Chemical Technologies for Power from Green Sources $1,200,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Improved Lighter-Weight IED/EFP Armor Solutions $1,600,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development, Optimization, and Transfer of a Reliable Testing Technology for Materials $480,000 Herseth Sandlin Johnson; Thune
Designed to Protect Warfighters Against Toxic Chemical Warfare Agents
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Developmental Mission Integration $5,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A De-Weighting Military Vehicles through Advanced Composites Manufacturing Technology $2,960,000 Davis (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Diabetes Care in the Military $1,600,000 Kilpatrick Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Diamond Lens Elements for High Powered Laser $800,000 McGovern Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Direct Carbon Fuel Cell $2,800,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Discriminatory Imaging and Network Advancement for Missiles, Aviation and Space $2,500,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Distributed Power from Wastewater $2,000,000 Wilson (OH); Space Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Distributed, Networked, Unmanned Ground Systems $3,200,000 Matheson Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A DoD Diabetes Research and Development Initiative (DRDI) $2,560,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Domestic Production of Nanodiamond for Military Applications $1,600,000 Thompson (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32433]]
RDTE,A Drive System Composite Structural Component Risk Reduction Program $2,400,000 Brady (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dual Stage Variable Energy Absorber $2,400,000 Murphy, Patrick (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dugway Field Test Improvements $3,600,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Effects Based Operations Decision Support Services $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electric All Terrain Ultra Light Vehicle for the Minnesota National Guard $1,600,000 Oberstar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electrically Charged Mesh Defense Net Troop Protection System $6,000,000 Aderholt Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electronic Combat and Counter Terrorism Threat Developments to Support Joint Forces $3,000,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electronic Commodity Project $800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electronic Keel $1,600,000 Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enabling Optimization of Reactive Armor $3,000,000 Whitfield; Rogers (KY) Bunning; Dodd; Lieberman;
McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Driver Situational Awareness $800,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Military Vehicle Maintenance System Demonstration Project $2,800,000 Rogers (AL) Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced-Rapid Tactical Integration for Fielding of Systems Initiative $3,120,000 Aderholt; Rogers (AL) Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhancing Military Ophthalmic Education and Overcoming Urban Healthcare Disparities with $2,400,000 Brady (PA)
Telemedicine
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhancing the Commercial Joint Mapping Toolkit to Support Tactical Military Operations $3,200,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhancing Wound Healing, Tissue Regeneration, and Biomarker Discovery $2,000,000 Berkley; Titus Ensign; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Environmentally Intelligent Moisture and Corrosion Control for Concrete $1,680,000 Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Epigenetic Disease Research $1,600,000 McMorris Rodgers Cantwell; Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Evaluation of Integrative Approaches to Resilience $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Exceptional Family Transitional Training Program for US Military Soldiers, Sailors, Marines $640,000 Murtha
and Airmen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Execution of a Quality Systems Program for FDA Regulation Activities $1,200,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Expansion and Development of Bionic Limbs for U.S. Military Personnel $2,000,000 Davis (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Expeditionary Water Reclamation Process using Supercritical Water Oxidation $2,800,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Exploding Foil Initiators (EFI) with Nanomaterial-Based Circuits $2,400,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extended Duration Silver Wound Dressing--Phase II $800,000 Shuler Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Eye Safe Laser Range Finder $2,400,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Eye Trauma and Visual Restoration $800,000 Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Eye-Safe Standoff Fusion Detection of CBE Threats $2,000,000 Doyle Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fibrin Adhesive Stat (FAST) Dressing $2,400,000 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Field Deployable Fleet Hydrogen Fueling $2,400,000 Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Field Deployable Hologram Production System $3,840,000 Granger; Conaway
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fighting Combat-Related Fatigue Syndrome $800,000 Kosmas; Brown, Corrine (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fire Shield $3,200,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fire Suppression System $1,140,000 Sullivan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Flexible Solar Cell for Man-portable Power Generator $800,000 Jackson (IL); Rush
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Florida Trauma Rehabilitation Institute for Returning Military Personnel $2,400,000 Bilirakis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Flu Vaccine Technology Program $1,200,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Foil Bearing Supported UAV Engine $800,000 Larson (CT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32434]]
RDTE,A Foliage Penetrating, Reconnaissance, Surveillance, Tracking, and Engagement Radar (FORESTER) $1,600,000 Maffei; McHugh Schumer
Phase II
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Force Protection Radar for Forward Operating Bases $1,600,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Framework for Electronic Health Record-Linked Predictive Models $2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Friction Stir Welding Program $2,400,000 Jordan; Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fuel System Component Technology Research $1,600,000 Manzullo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fully Burdened Cost of Fuel and Alternative Energy Methodology and Conceptual Model $2,800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fused Silica for Large-Format Transparent Armor $3,200,000 Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Future Tactical Truck Carbon Composite Shelter and Retrofit of Current Vehicle Shelters $1,600,000 Begich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Gas Engine Driven Air Conditioning $2,400,000 Pastor (AZ); Berkley; Franks Reid
(AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Geosciences/Atmospheric Research $3,000,000 Markey (CO); Salazar Bennet; Udall (CO)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Geospatial Airship Research Platform $3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Green Armament and RangeSafe Technology Initiatives $1,600,000 Frelinghuysen; Sires Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ground-forces Readiness Enabler for Advanced Tactical Vehicles (GREAT-V) $800,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hadron Particle Therapy $1,600,000 Foster Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HapMed Combat Medic Trainer $800,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Headborne Energy Analysis and Diagnostic System $1,600,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Health Disparities in Troop Readiness $8,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Health Sciences Regenerative Medicine Center--Autologous Tissues Research $3,200,000 Burr; Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heavy Fuel Engine Family for Unmanned Systems $3,200,000 Hoekstra Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heuristic Internet Protocol Packet Inspection Engine (HIPPIE) $1,040,000 Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Energy Laser System Test Facility--HELSTF/HELTD $4,500,000 Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Frequency Devices and Circuits for Nanotubes and Nanowires $1,440,000 Boozman Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Performance Alloy Materials and Advanced Manufacturing of Steel Castings for New Light $2,400,000 Emerson
Weight and Robotic Weapon Systems
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Performance Computing in Biomedical Engineering and Health Sciences $1,200,000 Watt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Pressure Pasteurization and Pressure Assisted Thermal Sterilization Project $3,440,000 Ellsworth Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Speed Digital Imaging $2,400,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Strength Glass Production and Qualification for Armor Applications $1,600,000 Tonko Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Temp Polymers for Missile System Applications $3,920,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High-Frequency, High-Power Electronic and Optoelectronic Devices on Aluminum Nitride (AIN) $3,200,000 Price (NC) Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highlander Electro-Optical Sensors $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highly Functional Neurally Controlled Skeletally Attached and Intelligent Prosthetic Devises $3,040,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highly Integrated Lethality Systems Development $4,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highly Integrated Production for Expediting Reset $2,000,000 Brown (SC); Altmire; Rogers Casey; Sessions; Stabenow
(AL); Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High-Volume Manufacturing Development for Thin-film Lithium Stack Battery Technologies $800,000 Honda; Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HiSentinel Stratospheric Airship $2,400,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hi-Tech Eyes for the Battlefield $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HIV Prevention and Reducing Risk to US Military Personnel $3,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32435]]
RDTE,A Hostile Fire Indicator $1,600,000 Hodes Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Human Genomics, Molecular Epidemiology, and Clinical Diagnostics for Infectious Diseases $1,200,000 Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Human Organ and Tissue Preservation Technology $1,600,000 Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Electric Drive All Terrain Vehicle $1,600,000 Peters Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Electric Heavy Truck Vehicle $1,600,000 Bartlett Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Energy Systems Design and Testing $2,000,000 Simpson Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Engine Development Program $3,200,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hydraulic Hybrid Vehicles for the Tactical Wheeled Fleet $2,800,000 Peters Levin; Lugar; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hyper Spectral Sensor for Improved Force Protection $1,600,000 Akin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Identification of New Drug Targets in Multi-Drug Resistant Bacterial Infections $2,000,000 Slaughter, Lee (NY) Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Identification of Pain Mechanisms and Therapeutic Targets $800,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Imaging and Cognitive Evaluation of Soldiers $640,000 Kilpatrick Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved HELLHOUND 40mm Low Velocity High Explosive Ammunition $600,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved Manufacturing Processes Demonstration Program for Army Tactical Vehicles $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved Thermal Batteries for Guided Munitions $2,400,000 Schwartz Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved Thermal Resistant Nylon for Enhanced Durability and Thermal Protection in Combat $3,200,000 Castle; Barrett Carper; Graham; Kaufman
Uniforms
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improving Soldier Recovery from Catastrophic Bone Injuries $3,200,000 Murphy (CT) Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Infection Prevention Program for Battlefield Wounds $1,600,000 McGovern Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Infectious and Airborne Pathogen Reduction $2,240,000 Whitfield; Arcuri; Childers; Schumer
Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A In-Field Body Temperature Conditioner $2,400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Injection Molded Ceramic Body Armor $800,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ink-based Desktop Electronic Material Technology $1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Institute for Simulation and Interprofessional Studies $4,640,000 Dicks; McDermott; McMorris Cantwell; Murray
Rodgers; Smith (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Alternative Power Systems $2,080,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Defense Technical Information $1,600,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Family of Test Equipment V6 Product Improvement Program $2,400,000 Kingston Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Flexible Electronics $1,600,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Information Technology Policy Analysis Research and Technology Commercialization $3,200,000 Lewis (CA)
and Management Network
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Lightweight Tracker System $2,000,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Patient Electronic Record System $1,600,000 Lee (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligence, Surveillance and Reconnaissance (ISR) Simulation Integration Laboratory $1,600,000 Smith (NJ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligent Energy Control Systems $2,400,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligent Network-Centric Sensor Development Program $1,200,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligent Orthopedic Fracture Implant Program $800,000 Kildee Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intensive Quenching for Advanced Weapon Systems $1,200,000 Sutton; Ryan (OH); Tonko Schumer; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Inter Turbine Burner for Turbo Shaft Engines $2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Internal Base Facility Energy Independence $2,560,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32436]]
RDTE,A In-Theater Evaluation of Ballistic Protection $800,000 Michaud; Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A IR-Vascular Facial Fingerprinting $2,400,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A IUID Data Platform $2,000,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Jackson Health System Military Trauma Training Enhancement Initiative $2,000,000 Meek (FL); Wasserman Schultz Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A JAMMA Family of Vehicles $800,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Javelin Warhead Improvement Program $4,000,000 Bright; Brown, Corrine (FL) Nelson (FL); Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Fires and Effects Trainer System Enhancements $2,000,000 Cole; Fallin Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Medical Simulation Technology Center $1,280,000 Kosmas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Munitions and Lethality Mission Integration $1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Precision AirDrop Systems-Wind Profiling Portable Radar $1,840,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Kinetic Energy Enhanced Lethality and Protection Materials $2,000,000 Alexander; Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Laboratory for Engineered Human Protection $1,600,000 Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Format Li-Ion Battery $4,960,000 Moore (WI) Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Structure Titanium Machining Initiative $800,000 Klobuchar; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large-Scale Manufacturing of Revolutionary Nanostructured Materials $1,200,000 Moore (WI)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Laser-Guided Energy (LGE) Demonstrator $2,240,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lattice Block Structures for AM2 Matting Replacement $1,600,000 Hodes Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Legacy Aerospace Gear Drive Re-Engineering Initiative $2,000,000 Larson (CT) Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lens-Less Dual-Mode Micro Seeker for Medium-Caliber Guided Projectiles $2,000,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Leonard Wood Institute $12,000,000 Skelton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lifestyle Modifications to Reduce Chronic Disease in Military Personnel $1,500,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Light Weight Nanophosphate Battery with Improved Energy Density $2,000,000 Markey (MA) Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight 10-meter Antenna Mast $2,000,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Caliber .50 Machine Gun $3,200,000 Michaud; Pingree (ME) Collins; Leahy; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Magnesium Parts for Military Applications $1,600,000 Holden Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Medical Devices $1,600,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Metal Alloy Foam for Armor $3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Munitions and Surveillance System for Unmanned Air and Ground Vehicles $3,840,000 Garrett Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Packaging System for Enhancing Combat Munitions Logistics $1,600,000 Frelinghuysen; Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Polymer Designs for Soldier Combat Optics $800,000 Olver Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Protective Roofing $1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Reliable Materials for Military Systems $2,800,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight, Battery Driven, and Battlefield Deployment Ready NG Feeding Tube Cleaner $500,000 Thompson (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Linear Accelerator Cancer Research Project $800,000 Rangel; Lowey; Maloney Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Locating and Tracking Explosive Threats with Wireless Sensors and Networks $4,800,000 Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Logistical Fuel Processors Development $1,200,000 Bachus; Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Long Range Hypersonic Interceptor $1,600,000 Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Long-term Pain and Infection Management for Combat Casualty Care $2,320,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Low Cost Interceptor $1,680,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32437]]
RDTE,A LW25 Gun System and Demonstration $2,400,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A M109A6 Paladin $1,600,000 Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maine Center for Toxicology and Environmental Health, Toxic Particles Research and Equipment $1,600,000 Pingree (ME)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maine Institute for Human Genetics and Health $1,600,000 Michaud Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Malaria Vaccine Development $4,000,000 McDermott; Smith (WA) Cantwell; Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Manufacturing and Industrial Technology Center $400,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Manufacturing Lab for Next Generation Engineers $1,600,000 Schock
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mariah Hypersonic Wind Tunnel Development Program $7,600,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Market Viable, Dual-Use, Advanced Energy Storage Solutions Development $4,000,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Marty Driesler Lung Cancer Project $1,600,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maryland Proof of Concept Alliance for Defense Technologies $1,600,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mass Casualty First Responders Disaster Surge Technology Program $2,400,000 Pallone; Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Materials for Infrared Night Vision Equipment $7,200,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Materials Processing and Applications Development Center of Excellence for Industry $1,200,000 Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Materials Technology for LED Lighting Applications $2,400,000 Rehberg Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medical Biosurveillance and Efficiency Program $1,600,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medical Errors Reduction Initiative $2,000,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medium Caliber Metal Parts Upgrade $3,000,000 Kanjorski Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MEMS Antenna for Wireless Communications Supporting UAVs in the Battlefield $2,400,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Micro Inertial Navigation Unit Technology $1,200,000 Doyle Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Microencapsulation and Vaccine Delivery Research $800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Micromachined Switches in Support of Transformational Communications Architecture $2,400,000 Miller, George (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Microterrain Persistent Surveillance $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mid-Infrared Super Continuum Laser $800,000 Kilpatrick; Dingell Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Midwest Traumatic Injury Rehabilitation Center $1,168,000 Ehlers Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Applications for Medical Grade Chitosan $3,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Burn Trauma Research Program $4,500,000 Matsui; Lungren Begich; Boxer; Brown; Burris;
Cantwell; Gillibrand; Hatch;
Kerry; Lieberman; Menendez;
Reed; Sanders; Schumer;
Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Drug Management System $2,400,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Family Coping Patterns $400,000 Edwards (TX) Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Family Empowerment Initiative $800,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Fuel Cell Genset Technology Demonstration $2,000,000 Boccieri
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Installation Electric Vehicle Demonstration Project $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Low Vision Research $2,400,000 Lynch; Capuano Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Medical Decontamination System $4,500,000 Brown; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Mental Health Initiative $600,000 Kilpatrick; Dingell Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Nutrition Research: Four Tasks to Address Personnel Readiness $800,000 Alexander Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Pediatric Training and Support $4,000,000 Norton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32438]]
RDTE,A Minimizing Shock in Battlefield Injuries $1,900,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Missile Attack Early Warning System $2,080,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mission Hospital Computerized Physician Order Entry $800,000 Shuler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Missouri Multi-Threat Detection Initiative (M2TDI) $2,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MLRS Disposal System $2,500,000 Ensign; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Aerosol Monitoring System for the Department of Defense $1,200,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Integrated Diagnostic and Data Analysis $1,600,000 Adler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Localization (M-LOC) $1,200,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Mesh Network Node $1,760,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Power 30 Kilowatt System Power Control Unit Development Project $800,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Model for Green Laboratories and Clean Rooms $1,200,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Modeling and Testing of Next Generation Body Armor $2,000,000 Rush Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Moldable Fabric Armor $2,240,000 Inglis Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Molecular Electronics for Flash Memory Production $2,400,000 Lipinski Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Montefiore Critical Looking Glass $1,200,000 Engel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mortar Anti-Personnel/Anti-MaterielTechnology $3,200,000 Rothman Klobuchar; Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MOTS All Sky Imager $960,000 Reyes; Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MQ-8B Fire Scout Army $6,800,000 Cochran; Schumer; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multi-Campus Base Facility Energy Independence $3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multi-Dose Closed Loop pH Monitoring System for Platelets $1,600,000 McDermott; Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multifunctional Nanomaterials for Homeland Defense, Counter-Terrorism and Dual-Use $2,000,000 Lautenberg; Menendez
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multi-layer Co-extrusion for High Performance Packaging $1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multiple Source Data Fusion for Dugway Proving Ground $2,000,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multiplexed Human Fungal Infection Diagnostic $1,600,000 Frank (MA) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multi-Utility Materials for Future Combat Systems $7,200,000 Herseth Sandlin; Brown, Corrine Grassley; Harkin; Johnson
(FL); Latham; Meek
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Musculoskeletal Interdisciplinary Research Initiative $1,600,000 Bilirakis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Myositis Association--exposure to environmental toxins $1,000,000 Israel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nano Advanced Cluster Energetics $1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanocomposite Enhanced Radar and Aerospace Materials (NERAM) $800,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanocrystal Source Display $760,000 Markey (MA) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanoelectronic Memory, Sensor and Energy Devices $6,300,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nano-enabled Ultra High Storage Density Non-volatile Memory for Commander's Digital $2,400,000 Feinstein
Assistant
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanofiber Based Synthetic Bone Repair Device for Limb Salvage $1,000,000 Wamp
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanofluid Coolants $500,000 Davis (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nano-Imaging Agents for Early Disease Detection $800,000 Green, Al (TX); Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanomanufacturing of Multifunctional Sensors $4,000,000 Tsongas Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanophotonic Biosensor Detection of Bioagents and Pathogens $1,520,000 Kingston; Bishop (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanophotonic Devices $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32439]]
RDTE,A Nanotechnology Enterprise Consortium (NTEC) $5,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology for Potable Water and Waste Treatment $1,600,000 Sutton; Murphy, Tim (PA) Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology Fuze $1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology-Enabled Self-Healing Anti-Corrosion Coating Products $1,400,000 Holt Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotubes Optimized for Lightweight Exceptional Strength (NOLES) $3,200,000 Crenshaw Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Biodefense Training Center $5,000,000 Olson Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Center for Defense Manufacturing and Machining $1,600,000 Murphy, Tim (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Eye Evaluation and Research Network $2,400,000 Lewis (CA); Sarbanes Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Functional Genomics Center $6,000,000 Bilirakis; Castor (FL); Young Nelson (FL)
(FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Oncogenomics and Molecular Imaging Center $4,760,000 Kilpatrick Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Natural Gas Firetube Boiler Demonstration $800,000 Hare Durbin; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A NAU-TGen North Dangerous Pathogens DNA Forensics Center Upgrades $1,600,000 Kirkpatrick
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Navy Gun Ammunition Demilitarization and Recycling $1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Near Infrared Spectroscopy Military Personnel Assessment $800,000 Castor (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Networked Reliability and Safety Early Evaluation System $1,600,000 Dent Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neural Control of External Devices $2,000,000 Kennedy Bennett; Hatch; Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuroimaging and Neuropsychiatric Trauma in US Warfighters $6,250,000 Pelosi Boxer; Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuro-Performance Research $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuroscience Research Consortium to Study Spinal Cord Injury $1,200,000 Diaz-Balart, Lincoln (FL); Ros- Nelson (FL)
Lehtinen; Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A New Vaccines to Fight Respiratory Disease and Central Nervous Disorders $4,800,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A New York Medical College Bioterrorism Research $132,000 Lowey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Communications System $800,000 Altmire Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Green, Economical and Automated Production of Composite Structures for $1,000,000 Grijalva
Aerospace
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation High Strength Glass Fibers for Ballistic Armor Applications $1,600,000 Wilson (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Lightweight Drive System for Army Weapons Systems $1,600,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Machining Technology and Equipment $1,600,000 Murphy (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Precision Airdrop System $2,000,000 Larson (CT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Wearable Video Capture System $800,000 Stupak Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nicholson Center for Surgical Advancement Medical Robotics and Simulation $4,200,000 Grayson Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Night Vision and Electronic Sensors Directorate $2,000,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A NLOS-LS Anti-Tamper Initiative $3,040,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Non-Leaching Antimicrobial Surface for Orthopedic Devices $1,200,000 Capuano Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Northern Illinois Proton Treatment and Research Center $2,800,000 Foster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Endothermic Armor Material for Insensitive Munitions Protection of Tactical Missiles $2,500,000 Ensign; Reid
and Tubes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Zinc Air Power Sources for Military Applications $2,000,000 Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nurse Education Center of Excellence for Remote and Medically Underserved Populations $1,600,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nursing Teaching and Leadership Program $800,000 McDermott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A OMNI Active Vibration Control System $2,400,000 Dahlkemper Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32440]]
RDTE,A ONAMI Miniaturized Tactical Energy Systems Development $2,500,000 Schrader; Blumenauer; DeFazio; Merkley; Wyden
Walden; Wu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A On-Board Hybrid Power Unit (OBHPU) $1,040,000 Harper Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A On-Board Vehicle Power Systems Development $2,480,000 Aderholt Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A One-Step JP-8 Bio-Diesel Fuel $1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Online Health Services Optimization $3,120,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Open Source Intelligence for Force Protection and Intelligence Analysis $800,000 DeLauro Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Operating Room of the Future $2,000,000 Berman Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Operation Re-Entry NC $2,400,000 Butterfield Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Optical Neural Techniques for Combat and Post-Trauma Healthcare $3,500,000 Inslee; McDermott; Smith (WA) Cantwell; Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Optimization of the US Army Topographic Data Management Enterprise $2,080,000 Murtha; Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Optimizing Natural Language Processing of Open Source Intelligence $1,200,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Organic Semiconductor Modeling and Simulation $880,000 Gohmert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Orion High Altitude Long Endurance UAV Risk Reduction Effort $7,760,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Pacific Command Renewable Energy Security Systems $2,400,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Parsons Institute for Information Mapping $1,200,000 Nadler Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Parts-on-Demand from CONUS Operations $4,500,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Pediatric Cancer Research and Clinical Trials $1,600,000 Ryan (OH); Culberson; Rothman; Crapo; Risch
Van Hollen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Perimeter Security Systems $4,500,000 Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Permafrost Tunnel $500,000 Begich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Perpetually Available and Secure Information Systems $3,200,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Personal Miniature Thermal Viewer $800,000 Michaud
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Personal Status Monitor $800,000 Maffei; McHugh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Phase II, Regional Partnership--Ft. Bliss, WSMR, Holloman $3,760,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plant-Based Vaccine Research $2,000,000 Guthrie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plasma Sterilizer $2,400,000 Ellison; McCollum Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plug-in Architecture for DOD Medical Imaging $1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plug-in Hybrid Electric Vehicle $4,000,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Polymeric Web Run-Flat Tire Inserts for Convoy Protection $3,500,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Fuel Cell Power Source $2,400,000 Price (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Low-Volume Therapy for Severe Blood Loss $1,600,000 Oberstar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Mobile Emergency Broadband Systems $3,200,000 Gerlach; Sestak Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Sensor for Toxic Gas Detection $2,080,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Positron Capture and Storage $2,400,000 McMorris Rodgers Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Power Efficient Microdisplay Development for US Army Night Vision $2,400,000 Hall (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Prader Willi Syndrome Research $1,600,000 Royce
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Precision Guidance Kit Technology Development $6,000,000 Mollohan; Bartlett Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Precision Guided Airdropped Equipment $1,200,000 Velazquez; Towns Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32441]]
RDTE,A Precision Strike Munitions Advancement with Integrated Millimeter Wave Power Sources to $3,280,000 Bishop (UT) Bennett; Hatch
Satisfy Army Strategic Goals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Predictive Casting Process Modeling for Rapid Production of Critical Defense Components $1,600,000 Hall (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Pre-Discharge Threat Cues $1,600,000 Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Pride Center for America's Wounded Veterans $1,600,000 Berry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Printed and Conformal Electronics for Military Applications $1,600,000 Mitchell; Lance; Lofgren; Ryan Feinstein; Johnson; Schumer
(OH); Schakowsky; Tonko
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Project National Shield Integration Center $1,200,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Projectile Unmanned Aerial Systems $2,400,000 Larson (CT); Courtney Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Protective 3-D Armor Structure to Safeguard Military Vehicles and Troops $1,600,000 Levin Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Protective Gear Development through Man-In-Simulant-Test Chamber $800,000 Etheridge; Miller (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Protein Hydrogel for Surgical Repair of Battlefield Injuries $800,000 Gingrey (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Qualification and Insertion of New High Temperature Domestic Sourced PES for Military $2,400,000 Johnson, Eddie Bernice (TX)
Aircraft
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A RAND Arroyo Center $1,600,000 Moran (VA) Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Burn Wound Therapies $2,000,000 Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Insertion of Developmental Technologies into Fielded Systems $1,600,000 Frelinghuysen; Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Response Force Projection Systems $1,600,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Response Hostile Fire Detection and Active Protection of Ground and Air Vehicles $2,560,000 Shelby
Sensor Demonstration
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Wound Healing Cell Technology $2,000,000 Doyle Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rare Earth Mining Separation and Metal Production $2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A RDT&E for the Family of Heavy Tactical Vehicles (FHTV) $1,600,000 Kagen Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Reactive Materials $1,200,000 Barton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Reduced Manning Situational Awareness $4,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Reducing First Responder Casualties with Physiological Monitoring $1,200,000 Hodes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Regenerative Medicine for Acute Deafness $2,400,000 Inslee; McDermott; Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Regenerative Medicine for Battlefield Injuries $1,000,000 Carson Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Regenerative Medicine Research $1,600,000 Michaud
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Reliability and Affordability Enhancement for Precision Guided Munition Systems $4,800,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Bio-Medical Detector $2,800,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Environmental Monitoring and Diagnostics in the Perishables Supply Chain $2,200,000 Stearns Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Explosive Analysis and Detection System $800,000 Griffith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Renewable Energy Testing Center $800,000 Matsui; Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Renewable Jet Fuel from Lignocellulosic Feedstocks $2,400,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Research to Develop Strategies to Improve Prognosis of Soldiers Suffering Abdominal Trauma $1,600,000 Yarmuth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Research to Treat Cancerous Brain Tumors using Neural Stem Cells $1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ripsaw Unmanned Ground Vehicle (UGV) Weaponization $2,000,000 Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Robust Composite Structural Core for Army Helicopters $1,600,000 Shea-Porter Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rocket Motor Contained System $800,000 Heller Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rugged Electronic Textile Vital Signs Monitoring $2,400,000 Kennedy Reed; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32442]]
RDTE,A Ruggedized Military Laptop Fuel Cell Power Supply--Project Phase 3 $3,200,000 Brown, Corrine (FL); Crenshaw Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rural Health Center of Excellence for Remote and Medically Underserved Populations $1,600,000 Shuster Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Scaleable Efficient Power for Armament Systems and Vehicles Dual Use $4,000,000 Rothman Lautenberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Scenario Generation for Integrated Air and Missile Defense Evaluation $3,360,000 Aderholt; Reyes; Rogers (AL) Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A School of Nursing Advancement $2,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Science, Technology, Engineering, Mathematics (STEM) at Coppin University $800,000 Cummings
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Secure Open Source Initiative $2,400,000 Price (NC); Miller (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self Powered Prosthetic Limb Technology $1,600,000 Thompson (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self Powered, Lightweight, Flexible Display Unit on a Plastic Substrate $3,040,000 Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self-Powered Sensor System for Munition Guidance and Health Monitoring $1,500,000 Holt Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Sensor Tape Physiological Monitoring $2,000,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Shadow TUAS Flight in the National Air Space $2,000,000 Kratovil Cardin; Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Shared Vision $2,400,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A SHARK Precision Guided Artillery Round--105mm $4,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Shortwave Infrared Hostile Fire Indicator for Aircraft $1,500,000 Holt Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Silent Watch, IB NPS 1160 Lithium-Ion Advanced Battery $800,000 Dent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Silicon Nanomaterial for Battlefield Medical Devices $2,800,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Silver Fox and Manta Unmanned Aerial Systems $1,600,000 Franks (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Simulation Based Reliability and Safety (SimBRS) Program $4,900,000 Harper Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Integrated Systems: Materials, Manufacturing Methods, andStructures $1,000,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Machine Platform Initiative $2,400,000 Driehaus; Tonko Brown; Schumer; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Oil Sensor $2,400,000 Thompson (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Plug-In Hybrid Vehicle Program $3,280,000 Kilpatrick; Conyers; Dingell; Levin; Stabenow
Rogers (MI)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Sensor Supercomputing Center $8,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Wound Dressing for MRSA Infected Battlefield Wounds $800,000 Driehaus; Cummings; Cardin; Kerry; Voinovich;
Ruppersberger; Scott (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Personal Cooling System $960,000 Kosmas Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Protection through Unmanned Ground Vehicles $1,200,000 Nye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Situational Awareness Wristband $1,120,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solid Oxide Fuel Cell Powered Tactical Charger $960,000 Maffei Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solid State Processing of Titanium Alloys for Advanced Materiel Armaments $1,200,000 Kaptur; LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Specialized Compact Automated Mechanical Clearance Platform $3,200,000 Murphy, Patrick (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spectroscopic Materials Identification Center $1,600,000 Berry Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spinal Cord Restoration Therapies $1,600,000 Hoyer; Cummings; Ruppersberger Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spinal Muscular Atrophy Research Program $3,000,000 Pelosi; Nadler; Rangel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spinel Transparent Armor Production Technology $800,000 Ruppersberger Cardin; Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Squad Mission Support System (SMSS) $1,600,000 Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Stabilized Enzyme Biofuel Cell (SEBC) for Unmanned Ground Sensors $1,200,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32443]]
RDTE,A Stabilized Hemoglobin Wound Healing Development $1,200,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standard Ground Station--Enhancement Program $2,000,000 Lance; Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standoff Hazardous Agent Detection and Evaluation System $8,500,000 Berry Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standoff Improvised Explosive Detection Program $4,800,000 Boyd; Berry; Brown, Corrine Akaka; Lincoln; Nelson (FL);
(FL); Hirono; Meek Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standoff Sensors, Detection of Explosives and Explosive Devices (IEDs) $3,200,000 Kennedy; Langevin; Tsongas Kerry; Kirk; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Staph Vaccine $6,400,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Stress Disorders Research Initiative at Fort Hood $2,400,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Superior Weapons Systems through Castings $1,600,000 Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Superlattice Semiconductors for Mobile SS Lighting and Solar Power Applications $2,800,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A SupportNet for Frontline Providers $2,400,000 Lamborn; Perlmutter; Salazar Udall (CO)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Surveillance Augmentation Vehicle $1,200,000 Childers Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Sustainable Alternative Energy $2,000,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Swarms Defense System $2,400,000 Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Synchrotron-Based Scanning Research Neuroscience and Proton Institute $6,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Cogeneration System $2,400,000 Hastings (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Metal Fabrication System (TacFab) $800,000 Turner; Adler; Andrews; Cole; Inhofe; Kerry; Lautenberg;
Lance; Markey (MA); Ryan (OH); Menendez
Tsongas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Overwatch High Altitude System $800,000 Griffith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical UAV, Heavy Fuel Engine $1,600,000 Aderholt; Wilson (SC) Graham; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tamper Proof Organic Packaging as Applied to Remote Armament Systems $4,800,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Techniques to Manage Noncompressible Hemorrhage Following Combat Injury $2,000,000 Smith (TX); Carter; Gonzalez;
Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technologies for Military Equipment Replenishment $1,600,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology Development at the Quad Cities Manufacturing Laboratory $5,040,000 Hare Grassley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology for Rapid Foreign Language Acquisition for Specialized Military Intelligence $1,600,000 Gregg; Shaheen
Purposes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology Solutions for Brain Cancer Detection and Treatment $1,200,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Telepharmacy Robotic Medicine Device Unit $800,000 Brady (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Terahertz Sensing and Imaging Technology $1,600,000 Boozman Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Testing of Microneedle Device for Multiple Applications $960,000 Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A The Center for Neuroprosthetics and BioMEMS $1,600,000 McGovern Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Threat Detection and Neutralization $3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tire to Track Transformer System for Light Vehicles $1,600,000 Peterson Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Titanium Extraction, Mining and Process Engineering Research $4,800,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Titanium Powder Advanced Forged Parts Program $3,040,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Transitioning Stretch Broken Carbon Fiber to Production Programs $3,200,000 Aderholt; Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Translational Research for Muscular Dystrophy $1,600,000 Michaud; Pingree (ME)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Transportable Renal Replacement Therapy for Battlefield Applications $800,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Trauma Care, Research and Training $2,400,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Trauma Response Simulation Training $1,200,000 Boswell Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32444]]
RDTE,A Treatment of Battlefield Spinal Cord and Burn Injuries $360,000 Wu; Baird; Blumenauer; Schrader Merkley; Murray; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tungsten Heavy Alloy Penetrator and Warhead Development $1,200,000 Carney Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Turbo Fuel Cell Engine $3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UH-60 Aviation Software Performance Assessment Test Bed $5,690,000 Sessions; Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UH-60 Transmission/Gearbox Galvanic Corrosion Reduction $1,500,000 Kissell Burr; Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra Light Metallic Armor $800,000 Costello Burris
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra Light Weight Transmissions $1,600,000 Schauer Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra Wideband Active RF Detection of IEDs $1,760,000 Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultrasonic Impact Technology $2,000,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Understanding Blast Induced Brain Injury $2,400,000 Fortenberry Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Universal Control $7,200,000 Larson (CT) Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A University Center for Disaster Preparedness and Emergency Response $1,200,000 Pallone; Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A University of Miami Ryder Trauma Center/William Lehman Injury Research Center $3,200,000 Diaz-Balart, Lincoln (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Aerial Systems Ground Based Sense and Avoid Capability Development for Integration $2,880,000 Shelby
into the National Air Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Aerial Vehicle Resupply (UAVR)--BURRO $3,200,000 Larson (CT) Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Ground Vehicle Initiative $11,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Robotic System Utilizing a Hydrocarbon Fueled Solid Oxide Fuel Cell System $2,400,000 Dingell Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned System Algorithm Development $3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unserviceable Ammunition Demilitarization via Chemical Dissolution at Tooele Army Depot $1,600,000 Bishop (UT) Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A US Army Vascular Graft Research Project $1,600,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vanadium Safety Readiness $3,360,000 Dahlkemper; Paul; Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vanadium Technology Program $2,400,000 Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vectored Thrust Ducted Compound Helicopter $5,000,000 Carper; Casey; Cochran;
Kaufman; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vehicle Systems Engineering and Integration Activities $8,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A VePro--Health Usage Monitoring and Vehicle Prognostics $2,880,000 Childers; Harper Cochran; Levin; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vibration Management Enhancement Program $2,400,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Video Compression Technology $1,400,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vision Integrating Strategies in Ophthalmology and Neurochemistry $3,200,000 Granger Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Visualization for Training and Simulation in Urban Terrains at Fort Knox $1,200,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Voice Recognition and Cross Platform Speech Interface System $2,000,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A VSIL: Armored Vehicle Components and Systems Simulated In Cost-Effective Virtual Design and $3,200,000 Levin; Stabenow
Test Environment
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A VTOL Man-Rated UAV and UGV for Medical Multi-Missions and CASEVAC $800,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Waterside Wide Area Tactical Coverage and Homing $3,200,000 Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Westchester County Medical Center Health Imaging Upgrades $1,200,000 Lowey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wireless HUMS for Condition Based Maintenance of Army Helicopters $1,600,000 Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wireless Medical Monitoring System $2,400,000 Boswell; Latham; Miller, Gary Grassley; Harkin
(CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32445]]
RDTE,A Womens Cancer Genomics Center $2,400,000 McCarthy (NY); Lowey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wounded Servicemember Bioelectrics Research $1,200,000 Nye Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Zinc-Flow Electrical Energy Storage $2,000,000 Johnson (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Zouline Armor $3,360,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Zumwalt National Program for Countermeasures to Biological and Chemical Threats $1,200,000 Neugebauer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF 3D Bias Woven Perform Development $2,400,000 Schwartz; Gerlach; Sestak Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Accelerated Insertion of Advanced Materials and Certification for Military Aircraft $2,000,000 Tiahrt Brownback; Roberts
Structure Material Substitution and Repair
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Accelerator-Driven Non-Destructive Testing $2,000,000 Simpson Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ACES 5 Ejection Seat $1,920,000 Lamborn; Pastor (AZ); Tauscher Bennett; Burr; Cochran; Dodd;
Hatch; Lieberman; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advance Propulsion Non-Tactical Vehicle $1,600,000 Massa Bingaman; Schumer; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Aerospace Carbon Foam Heat Exchangers $3,200,000 Wilson (OH) Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Deformable Mirrors for High Energy Laser Weapons $1,600,000 Heinrich Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Electromagnetic Location of IEDs Defeat System $1,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Electronic Components for Sensor Arrays $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Fast Steering Mirror Applications for 3-D LADAR in LITENING Pod $1,600,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Fiber Lasers Systems and Components $3,200,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Integrated Microsystems for Military Electronic Systems $2,480,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Lithium Battery Scale-up and Manufacturing $1,600,000 Scott (GA); Bishop (GA); Chambliss
Johnson (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Modular Avionics for Operationally Responsive Satellite Use $2,480,000 Heinrich Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Night Vision System--Cockpit Integration $800,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Tactical Laser $2,240,000 Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Technical Intelligence Center (ATIC) $5,200,000 Turner Brown; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Vehicle Propulsion Center $2,400,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aerospace Lab Equipment Upgrade $1,200,000 Napolitano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aerospace Laser Micro Engineering Station $800,000 Wittman; Nye; Scott (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF AFRL Edwards Rocket Test Stand 2-A Technical Improvements $3,200,000 McCarthy (CA) Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF AFRL Seismic Research Program $5,000,000 Markey (MA) Kerry; Kirk; Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Air Force Minority Leaders Program $4,800,000 Abercrombie Alexander; Corker; Hutchison;
Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aircraft Evaluation Readiness Initiative $2,400,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ALC Logistics Integration Environment $800,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Algal Biofuels for Aviation $2,400,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Algal-Derived Jet Fuel for Air Force Applications $2,700,000 LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Applications of LIDAR to Vehicles with Analysis $6,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Assessment of Alternative Energy for Aircraft Ground Equipment (AGE) $1,600,000 Wu Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF AT-6B Demonstration for ANG $7,000,000 Tiahrt Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Automated Processing of Advanced Low Observables (RAPALO) $1,200,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32446]]
RDTE,AF B-1 AESA Radar Operational Utility Evaluation $2,000,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF B-2 Advanced Tactical Data Link $9,600,000 McKeon Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF B-52 Tactical Data Link Capability $6,000,000 Tiahrt Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Backpack Medical Oxygen System (BMOS) $800,000 Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ballistic Missile Technology $1,600,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Base Facility Energy Independence, Stewart Air National Guard Base $4,000,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF BATMAV Program Miniature Digital Data Link $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Big Antennas Small Structures Efficient Tactical UAV $1,600,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Bio-JP8 Fuel Development $4,000,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Biometric Signature and Passive Physiological Monitoring $5,000,000 Berkley Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Body Armor Improved Ballistic Protection, Research and Development $1,760,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF CAD/CAM Aircraft Structural Overhaul Work Center $2,500,000 Bishop (UT) Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Carbon Nano-Materials for Advanced Aerospace Applications $800,000 Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Carbon Nanotube Enhanced Power Sources for Space $1,600,000 Markey (MA) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for Solar Electricity and Hydrogen $4,000,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for Space Entrepreneurship $1,600,000 Polis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for UAS Research, Education and Training $6,400,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Close Proximity Space Situational Awareness $800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Coal Transformation Laboratory $800,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Command and Control Service Level Management (C2SLM) Program $3,200,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Conducting Polymer Stress and Polymer Damage Sensors for Composites $2,880,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Consortium for Nanomaterials for Aerospace Commerce and Technology (CONTACT) $3,200,000 Culberson Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Corrosion Detection and Visualization Program $800,000 Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF COTS Technology for Space Command and Control $3,200,000 Gerlach Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cyber Attack and Security Environment $4,000,000 McHugh; Arcuri Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cyber Innovation Center (CIC) Research and Development Seed Fund $800,000 Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cyber Security Research Program/Cyber Security Laboratory $1,200,000 Alexander Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cybersecurity of Security Control Networks $1,700,000 Terry Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Demonstration and Validation of Renewable Energy Technology $800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development and Testing of Advanced Hybrid Rockets for Space Applications $2,800,000 Lofgren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development and Validation of Advanced Design Technologies for Hypersonic Research $1,600,000 Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development of Deployable Biosensors $1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development of Mobile Wind Turbine Systems to Power Forward Bases $1,200,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Distributed Mission Interoperability Toolkit (DMIT) $3,200,000 LoBiondo; Andrews; Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Domestic Manufacturing of 45nm Electronics $3,200,000 Simpson Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Eagle Vision III Upgrades $4,800,000 Boxer; Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Efficient Utilization of Transmission Hyperspace $2,000,000 Arcuri Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Eglin AFB Range Operations Control Center $2,000,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Electromagnetic Battlespace Management $1,600,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32447]]
RDTE,AF EMI Grid Fabrication Technology $2,400,000 Bono Mack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Energy and Sensor Informatics Research and Translation $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Energy Efficiency, Recovery and Generation (ENERGy) $1,000,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Energy Superior Lithium Battery Technology for Defense Applications $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Engine Health Management Plus Data Repository Center $2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF F-15C AESA Classified Demo $8,000,000 Harper Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Fine Water Mist Fire Suppression Technology to Replace Halon $2,000,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Fire and Blast Resistant Materials for Force Protection $3,200,000 Kerry; Kirk; Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF FLASH Hyper-Dimensional Imaging for Near Space Surveillance and Ballistic Missile Defense $2,000,000 Akaka; Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Florida National Guard Total Force Integration $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Frank R. Seaver Science and Engineering Initiative $1,760,000 Waters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Freedom Fuels/Coal Fuel Alliance $3,920,000 Davis (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Gallium Nitride (GaN) Microelectronics and Materials $1,600,000 Coble Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF GAPS/AWS Horizontal Integration $4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Global UAS Networking and Interoperability System (GUNIS) $4,000,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hawaii Microalgae Biofuel Project $3,520,000 Hirono Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Accuracy Network Determination System--Intelligent Optical Network for Space $5,000,000 Abercrombie Inouye
Situational Awareness
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Bandwidth, High Energy Storage, Exawatt Laser Glass Development $2,800,000 Kanjorski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Energy Li-Ion Technology for Aviation Batteries $1,200,000 Bishop (GA) Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Pressure Pure Air Generator System $1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Temperature Hydrogen Energy Production Facility $800,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Holloman High Speed Test Track $5,000,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hybrid Bearings $800,000 Shuler; Coble; Wilson (OH) Dodd; Gregg; Hagan; Lieberman;
Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hybrid Materials Integration (HMI) $2,000,000 Kilroy Brown; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hybrid Nanoparticle-based Coolant Technology Development and Manufacturing $800,000 Dent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Imaging Tools for Human Performance Enhancement and Diagnostics $1,600,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Information Quality Tools for Persistent Surveillance Data Sets $1,440,000 Snyder Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Institute for Science and Engineering Simulation/Aircraft Fatigue Modeling and Simulation $3,600,000 Burgess Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Engine Starter/Generator $1,600,000 Turner Brown; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Passive Electronic Components $1,360,000 Simpson Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Propulsion Analysis and Spacecraft Engineering Tools (IPAT/ISET) $4,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Inter-Base Facility Energy Independence $2,400,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Large Area, APVT Materials Development for High Power Devices $1,600,000 Frelinghuysen Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Laser Peening for Friction Stir Welded Aerospace Structures $1,600,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF LGX High Temperature Acoustic Wave Sensors $1,600,000 Michaud; Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Lightning Protection of Composites $3,000,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Long-Loiter, Load Bearing Antenna Platform for Pervasive Airborne Intelligence $4,000,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Low-Defect Density Gallium Nitride Materials for High-Performance Electronic Devices $2,800,000 Price (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32448]]
RDTE,AF Low-Earth Orbit Nanosatellite Integrated Defense Autonomous Systems (LEONIDAS) $4,750,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Materials Integrity Management Research for the Air Force $3,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Maui Space Surveillance System Operations and Research $19,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Methanol Fuel Cell Development for USAF Battlefield Renewable Integrated Tactical Energy $2,400,000 Tauscher Feinstein
System (BRITES)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Micromachined Switches for Next Generation Modular Satellites $2,400,000 Miller, George (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Micro-Satellite Serial Manufacturing to Include Academic Outreach Educational Program $1,200,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Mid-IR Laser Materials $800,000 Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Military Waste-to-Energy Project using the Hydro-Thermal Energy Conversion (Hy-TEC) Process $1,600,000 Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Minuteman III Advanced Third Stage Domestic Fiber Motor Case Development $2,400,000 Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Mission Design and Analysis Tool $1,600,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Mitigating RoHS Lead-Free Issues in Aerospace Circuit Board Manufacturing $800,000 Kaptur; Sutton Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Mobile Laser Systems for Aircraft Structures (MLSAS) $800,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF MPOI for Battlespace Information Exchange $2,900,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi Sensor Detect, Sense and Avoid (MSDSA) $3,200,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multiband Realtime Hyperspectral Targeting Sensor $1,840,000 Hodes Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multilingual Text Mining Platform for Intelligence Analysts $800,000 Lee (NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi-Mode Propulsion Phase IIA: High Performance Green Propellant $1,600,000 Kratovil
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multiple UAS Cooperative Concentrated Observation and Engagement Against a Common Ground $1,600,000 Bartlett
Objective
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF National Test Facility for Aerospace Fuels Propulsion $1,312,000 Buyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Net-Centric Sensor Grids $2,400,000 Hill Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Casting Initiative $4,000,000 Blumenauer Levin; Reid; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Simulation Training for Pararescue Forces $1,600,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Solar Electric In-Space Propulsion $800,000 Inslee Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Nuclear Enterprise Surety Tracking $4,000,000 Fleming
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ONAMI Safer Nanomaterials and Nanomanufacturing $3,520,000 DeFazio; Blumenauer; Schrader; Merkley; Wyden
Walden; Wu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF On-Chip Integrated Photonic Polymer Transceiver $4,500,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Open Source Research Centers $1,000,000 Turner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF P5CTS Equipment for the MT Joint Training Environment $3,000,000 Baucus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF PanSTARRS $9,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Partnership for Energy and Automation Technologies $1,600,000 Duncan Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Pennsylvania NanoMaterials Commercialization Center $800,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Planar Lightwave Circuit Development for High Power Military Laser Applications $2,400,000 Lance; Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF P-Net Ballistic Missile Technology $2,000,000 Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Predator C $1,200,000 Bilbray; Hunter; McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Process Integrated Mechanism for Human-Computer Collaboration and Coordination $800,000 Stearns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Production of Nanocomposites for Aerospace Applications $1,600,000 Turner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF RAND Project Air Force $1,600,000 Moran (VA) Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32449]]
RDTE,AF Rapid Small Satellite Development Test Facilities $1,600,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Real-time Optical Surveillance Applications $3,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Reconfigurable Electronics and Non-Volatile Memory Research $800,000 Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Reconfigurable Secure Computing $1,600,000 Moran (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Reconstitution of B-52 Nuclear Capability Study $2,400,000 Fleming
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Remote Language-Independent Suspect Identification $2,560,000 Alexander Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Renewable Hydrocarbon Fuels for Military Applications $2,000,000 Kucinich; Kaptur Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Rivet Joint Services Oriented Architecture $2,000,000 Hall (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Safeguarding End-User Military Software $4,000,000 Fortenberry Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Senior Scout Communications Intelligence (COMINT) Capability Upgrade $2,400,000 Andrews; LoBiondo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sewage-Derived Biofuels Project $3,840,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF SiC--RF Power for Airborne Avionics Systems $1,600,000 Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Silicon Carbide Electronics Material Producibility Initiative $5,040,000 Harper Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Silicon Carbide Power Modules for the F-35 Joint Strike Fighter $2,400,000 Boozman Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Small Responsive Spacecraft at Low-Cost $2,400,000 Bishop (UT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Small Turbofan Versatile Affordable Advanced Turbine Engine Program $3,200,000 Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Sensor Data Link Technology $4,800,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Situational Awareness $4,000,000 Markey (MA) Kerry; Kirk
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Split Discharge Variable Delivery Pump for Military Aircraft $1,600,000 Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Strategic Biofuels Supply System $1,600,000 Rodriguez Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sustainable Energy Vermont National Guard $4,000,000 Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Synthetic Liquid Fuels $2,400,000 Young (AK)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Technical Order Modernization Environment $1,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Temperature Resistant Landing Pad Jet Blast Protection $800,000 Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Texas Research Institute for Environmental Studies $800,000 Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Thermal and Energy Management for Aerospace $3,200,000 Manzullo Burris; Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Thunder Radar Pod $1,600,000 Blunt Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Transportable Transponder Landing System $2,400,000 Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF UAV Sensor and Maintenance Development Center $3,920,000 Bishop (UT) Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ultra-High Temperature Materials for Hypersonic Aerospace Vehicles $2,400,000 Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Unmanned Aerial System Exploitation $3,500,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Unmanned Aerial Systems Mission Planning and Operation Center $2,800,000 Moran (KS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Unmanned Sense, Track, and Avoid Radar $1,600,000 Lamborn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Watchkeeper $1,600,000 Rehberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Water for Injection and Air Purification with Carbon Nanotube Nanostrucured Material $2,940,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Wavelength Agile Spectral Harmonic Oxygen Sensor and Cell-Level Battery Controller $1,200,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Wire Integrity Technology $1,600,000 Marshall; Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW 3-D Electronics and Power $4,800,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW 3-D Technology for Advanced Sensor Systems $2,000,000 Simpson Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32450]]
RDTE,DW Active Duty Training and Education Program $2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advance Detection of Special Nuclear Materials $2,000,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Battery Technology $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Composite Radome $3,200,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Decision Support System $2,000,000 Rothman; Payne Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Development of Antiviral Prophylactics and Therapeutics $3,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Development of Mobile Rapid Response Prototypes $2,400,000 Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Distributed Aperture System (ADAS)/Hostile Fire Indicating System (HFIS) $1,040,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Materials Research Institute (AMRI) $800,000 Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced SAM Hardware Simulator Development $4,000,000 Bishop (GA); Johnson (GA); Chambliss; Isakson
Scott (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Scientific Missile Intelligence Preparation of the Battlespace $2,000,000 Griffith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Technologies Sensors and Payloads/Unattended SIGINT Node $4,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced, Long Endurance Unattended Ground Sensor Technologies $3,920,000 Harper; Childers; Taylor Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW AELED IED/WMD Electronic Signature Detection $4,800,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW AESA Technology Insertion Program $2,400,000 Ackerman; McCarthy (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Affordable Miniature FOPEN Radar for Special Operations Craft--Riverine $2,800,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Affordable Robust Mid-Sized Unmanned Ground Vehicle $1,600,000 Tsongas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Agile Software Capability Intervention (ASCI) $1,200,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Aging Systems Sustainment and Enabling Technologies $2,400,000 Lucas Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Alternative Energy Study $1,400,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Alternative SOF Submersible Concept Design Study $1,000,000 Scalise Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW American Museum of Natural History Infectious Disease Research $1,200,000 Lowey; Nadler Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Antennas and other CNT Devices for Intelligence/Special Military $3,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Anti-viral Vaccine Development $3,600,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Armed Forces Health and Food Supply Research $4,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Army Plant Vaccine Development Program $1,600,000 Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW ASIC Miniaturization for Lasers and Sensors Development $2,400,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Automated Sample Preparation for Biological Detection $800,000 Slaughter; Bartlett Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Autonomous Control and Video Sensing for Robots $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Autonomous Machine Vision for Mapping and Investigation of Remote Sites $1,600,000 Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Battle-Proven Packbot $1,200,000 Tierney Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW BioButanol Production Research $2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biofuels Program $1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biological and Chemical Warfare Online Repository of Technical Holdings $2,000,000 Hastings (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biometric Optical Surveillance System $6,000,000 Guthrie McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW BOPPER/COPPER--Bioterrorism Operations Policy for Public Emergency/Chemoterrorism Operations $1,000,000 Burr
Policy for Public Emergency
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Border Security and Defense Systems Research $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Botulinum Neurotoxin Research $2,000,000 Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32451]]
RDTE,DW Botulinum Toxin Treatment Therapy $800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Broad Spectrum Therapeutic Countermeasure to OP Nerve Agents $1,600,000 DeLauro Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW California Enhanced Defense Small Manufacturing Suppliers Program $1,600,000 Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Carbon Nanotube Thin Film Near Infrared Detector $1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW CBRN Detection Unmanned Aircraft $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Cellulosic-Derived Biofuels Research $2,400,000 Chandler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Education and Research on Corrosion and Materials Performance $1,600,000 Ryan (OH); Sutton Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Innovation at Arlington $2,700,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Intelligence and Security Studies $2,400,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Nonproliferation Studies, Monterey Institute for International Affairs $1,600,000 Berman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Research on Minority Health Prostate Cancer Outreach Project $800,000 Jackson-Lee (TX); Green, Al
(TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center of Excellence for Research in Ocean Sciences (CEROS) $8,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical and Biological Agent Fate Appropriate Response Operational Tool $1,600,000 Kildee Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical and Biological Defense Program--Advanced Development $2,000,000 Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical and Biological Infrared Detection System $1,900,000 Collins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical and Biological Resistant Clothing $1,600,000 Sestak; Gerlach Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical and Biological Threat Reduction Coating $2,400,000 Barrett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Commodity Management Systems Consolidation Program $1,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Comprehensive and Integrated Procedures for Risk Assessment and Resource Allocation $2,000,000 Brady (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Comprehensive Maritime Domain Awareness $3,200,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Contaminated Human Remains Pouch $1,600,000 Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Continuous Acquisition and Life-Cycle Support (CALS) Integrated Data Environment and Defense $3,200,000 Byrd
Logistics Enterprise Services Program (DLES)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Copper-base Casting Technology Applications $1,600,000 Perlmutter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Corrosion Resistant Ultrahigh-Strength Steel for Landing Gear $1,600,000 Schakowsky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Corrosion Training Simulation Program $1,200,000 Oberstar Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Countermeasures to Chemical and Biological Controls--Rapid Response $2,800,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Countermeasures to Combat Protozoan Parasites (Toxoplasmosis and Malaria) $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Counterproliferation Analysis and Planning System $4,000,000 McNerney; Tauscher
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Covert Sensing and Tagging System $1,200,000 Akaka; Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Covert Waveform for Software Defined Radios $2,800,000 Gingrey (GA) Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Cybersecurity and Operational Identity Management $1,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Detection and Remediation of Bio/Chemical Weapons Program $2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Disaster Response: Communications and Other Infrastructure Restoration $4,000,000 Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Distributed Network Switching and Security $1,600,000 Sanchez, Loretta (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW DLA VetBiz Initiative for National Sustainment $800,000 Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Dynamic Data Flow Management System $1,600,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW EC-130J Multi-Mission Upgrades $4,000,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Electric Grid Reliability/Assurance $800,000 Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32452]]
RDTE,DW Electronics and Materials for Flexible Sensors and Transponders (EMFST) $4,800,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Emergency Egress System $1,600,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW End to End Semi Fab Alpha Tool $1,600,000 Sanchez, Loretta (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Enhanced Simulation for Information Operations Capabilities $4,720,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Enhancement of Geo-location Systems $3,200,000 Posey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Environmentally Friendly Nanometal Electroplating Processes for Cadmium and Chromium $3,000,000 Obey
Replacement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Expeditionary Surveillance and Reconnaissance Program $4,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Facility Security Using Tactical Surveys $3,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Feature Size Yield Enhancement Advanced Reconfigurable Manufacturing for Semiconductors $2,400,000 Lungren; Matsui
Foundry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Field Experiment Program for Special Operations $1,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW FirstLink Technology Transfer Program $2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Flashlight Soldier-to-Soldier Combat Identification System $4,500,000 Granger; Rodriguez Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Fuel Cell Hybrid Battery Manufacturing for Defense Operations $800,000 Cardin; Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Fuelcell Locomotive $2,400,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Future Dry Deck Shelter $4,400,000 Courtney; Kennedy Dodd; Lieberman; Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW GMTI Radar for Class II UAVs $800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Gulf Range Mobile Instrumentation Capability $2,400,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hand-Held Apparatus for Mobile Mapping and Expedited Reporting $2,800,000 Murtha Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hand-held, Lethal Small Unmanned Aircraft System $1,000,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hawaii Advanced Laboratory for Information Integration $2,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Helicopter Cable Warning and Obstacle Avoidance $1,200,000 Harman Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Heterogeneous Gallium Nitride/Silicon Microcircuit Technology $1,600,000 Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Efficiency Solar Energy Generation and Storage $800,000 Jackson-Lee (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Performance Computational Design of Novel Materials $3,120,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Performance Tunable Materials--Combinatorial Development of Advanced Dielectrics $3,600,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Speed Optical Interconnects for Next Generation Supercomputing $1,200,000 Dent Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Speed, High Volume Laboratory Network for Infectious Disease $1,600,000 Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hydrogen Fuel Cell Research $4,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW IASTAR Federal Information Security Management Act Compliance $1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW IdentClarity-Identity Resolution $1,440,000 Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improving Support to the Warfighter $7,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Independent Advisory Group to Review Ballistic Missile Defense Training Needs $500,000 Lamborn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Initiative to Advance Adaptive Petascale Supercomputing $8,000,000 Ruppersberger; Wu Alexander; Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Inland Empire Perchlorate Remediation $3,500,000 Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Institute for Collaborative Sciences Research $2,080,000 Diaz-Balart, Lincoln (FL); Nelson (FL)
Meek; Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Institute of Advanced Flexible Manufacturing Systems $7,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Analysis Environment $2,000,000 Moran (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Cryo-cooled High Power Density Systems $3,200,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32453]]
RDTE,DW Integrated Rugged Checkpoint Container $2,000,000 Taylor Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligence, Surveillance, and Reconnaissance Global Sensors Architecture $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligent Explosives Detection $3,200,000 Bartlett; Ruppersberger; Cardin
Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligent Remote Sensing for Urban Warfare Operations II $1,200,000 Sestak Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW InVitro Models for Biodefense Vaccines $1,520,000 Brown, Corrine (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Gulf Range Complex Test and Training $2,400,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Robotics Training Program $2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Services Aircrew Mask Don/Doff Inflight Upgrade $2,400,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Laboratory for Advanced Photonic Composites Research $1,280,000 Barrett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Laser Ablation Resonance Ionization Mass Spectrometer $2,400,000 Polis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Lifetime Power for Wireless Control Sensors $800,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Lithium-ion Battery Safety Detection and Control of Impending Failures $1,500,000 Carson Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Low Cost Stabilized Turret $800,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Man Portable Sensors for Dismounted Reconnaissance $2,000,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MARCENT Thermal Imaging Suite $3,000,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Material, Design and Fabrication Solutions for Advanced SEAL Delivery System External $2,000,000 Simpson Crapo; Risch
Structural Components
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MEMS Sensors for Real-Time Sensing of Weaponized Pathogens $2,000,000 Biggert; Lipinski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Military/Law Enforcement Counterterrorism Test Bed $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MilTech Expansion Program $1,600,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Miniature Day Night Sight for Crew Served Weapons $1,200,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Miniature Divert and Altitude Controls System Thruster $1,600,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Miniaturized Chemical Detector for Chemical Warfare Protection $1,600,000 McGovern
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mismatch Repair Derived Antibody Medicines to Treat Staphylococcus-derived Bioweapons $1,000,000 Sestak Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Missile Activity and Characteristics--Releasable $2,400,000 Perriello
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Modeling and Simulation Standards Study $800,000 Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Morehouse College, John H. Hopps Defense Research Scholars Program $2,400,000 Lewis (GA); Bishop (GA); Chambliss; Isakson
Kingston; Scott (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mosaic Camera Technology Transition $1,600,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multiple-Target-Tracking Optical Sensor-Array Technology (MOST) $4,000,000 Akaka; Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multi-target Shipping Container Interrogation System Mobile Continuous Air Monitor $1,600,000 Brown, Corrine (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Center for Blast Mitigation $1,200,000 Moran (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Radio Frequency Research, Development and Technology Transfer $4,000,000 Buyer; Ellsworth Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Terrorism Preparedness Institute, Anti-Terrorism/Counter-Terrorism Technology $2,800,000 Young (FL)
Development and Training
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Next Generation Manufacturing Technologies Initiative $1,600,000 Loebsack Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW NIDS Handheld Common Identifier for Biological Agents $2,400,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Non-Gasoline Burning Outboard Engine $1,520,000 Mollohan; Wilson (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Northwest Manufacturing Initiative $2,000,000 Blumenauer; DeFazio; Schrader; Merkley; Murray; Wyden
Walden; Wu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32454]]
RDTE,DW Omni Directional Relay and Conformal Antenna $2,500,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Optical Surveillance Equipment $2,000,000 Duncan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Pacific Data Conversion and Technology Program $2,000,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Pacific Region Interoperability Test and Evaluation Capability $3,300,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW PaintShield for Protecting People from Microbial Threats $2,000,000 Fudge; Jackson Brown; Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Partnership for Defense Innovation Wi-Fi Laboratory Testing and Assessment Center $2,800,000 Kissell; Etheridge; McIntyre Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Personalized Medicine Initiative $2,400,000 Edwards (MD)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Photovoltaic Ribbon Solar Cell Technology Project $2,880,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Picoceptor and Processor for Man-portable Threat Warning $3,200,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Playas Training and Research Center $3,200,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Portable Device for Latent Fingerprint Identification $1,440,000 Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Portable Rapid Bacterial Warfare Detection Unit $4,000,000 Latham; Boswell Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Potent Human Monoclonal Antibodies Against BoNT A, B and E Suited for Mass Production and $1,000,000 Gerlach
Treatment of Large Populations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Progressive Research for Sustainable Manufacturing $1,200,000 Rogers (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Protective Self-Decontaminating Surfaces $1,600,000 Grijalva; Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Radio Frequency Identification Technologies $1,000,000 Yarmuth Bunning; McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Radio Inter-Operability System $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Random Obfuscating Compiler Anti-Tamper Software $1,520,000 Michaud Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Real Time Test Monitoring of Chemical Agents, Chemical Agent Stimulants and Toxic Industrial $1,280,000 Collins
Chemicals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Reconnaissance and Data Exploitation (REX) System $3,500,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Recovery, Recycle, and Reuse of DOE Metals for DoD Applications $1,920,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Reduced Cost Supply Readiness $1,200,000 Lynch Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Regenerative Filtration System for CBRN Defense $2,700,000 LaTourette Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Remote VBIED Detection and Defeat System $1,200,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Rigid Aeroshell Variable Buoyancy Air Vehicle $4,000,000 Sherman; Napolitano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Savannah CRTC Training Enabled Maneuver Instrumentation (STEM) $3,600,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Science, Technology, Engineering and Mathematics Initiative $1,600,000 Green, Gene (TX); Green, Al
(TX); Jackson-Lee (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Sea Catcher UAS Launch and Recovery System $1,600,000 Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Secure, Miniaturized, Hybrid, Free Space, Optical Communications $1,600,000 Rothman; Lance Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Security for Critical Communication Networks $5,600,000 Rothman; Sires Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Security Protection using Ballistic CORE Technology $3,900,000 Collins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Self-Contained Automated Vehicle Washing Systems with Microwave Decontamination $1,600,000 Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Self-decontaminating Polymer System for Chemical and Biological Warfare Agents $2,800,000 Blunt Crapo; Risch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Semiconductor Photomask Technology Infrastructure Initiative $1,600,000 Tauscher
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Shipping Container Security System Field Evaluation $3,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Small Craft Threat Identification Program $1,200,000 Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Smart Bomb Targeting Radar System $2,320,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32455]]
RDTE,DW SOC-R Armor Development for Small Arms Armor Piercing Ammo $2,480,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Solid Oxide Fuel Technology $1,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Spintronics Memory Storage Technology $2,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Strategic Materials $5,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Superconducting Quantum Information Technology $800,000 Moore (KS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Synchrotron Beamline Experimental Station $3,200,000 Clarke; Ackerman; Bishop (NY); Schumer
McCarthy (NY); Tonko; Towns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tactical, Cargo, and Rotary Wing Aircraft Decon $1,800,000 LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Technology Applications for Security Enhancement $3,000,000 Lucas Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Technology for Shallow Water Special Operation Forces Mobility $2,880,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Thermal Pointer/Illuminator for Force Protection $1,600,000 Reichert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Thurgood Marshall College Fund Defense Leadership and Technology Initiative $1,200,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tidewater Full Scale Exercise $2,320,000 Forbes Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tiger Moth Air-Launched Off Board Sensing Small Unmanned Aerial System $1,600,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Total Perimeter Surveillance $1,600,000 Schauer Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Transformer Technology for Combat Submersibles $3,600,000 Ros-Lehtinen; Bishop (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Trusted Foundry $10,000,000 Gillibrand; Leahy; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tunable MicroRadio for Military Systems $5,600,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UAV Directed Energy Weapons Systems Payloads $1,000,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UAV Systems and Operations Validation Program $2,320,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UAV/UAS Test Facility $2,400,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultra Low Profile EARS Gunshot Localization System $1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Undersea Special Warfare Engineering Support Office $2,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Under-Vehicle Inspection System $2,400,000 Young (AK); Bishop (UT) Begich; Bennett; Murkowski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Unified Management Infrastructure System $800,000 Schakowsky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW United States Special Operations Command--USSOCOM/STAR-TEC Partnership Program $1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW United States Special Operations Command SOCRATES High Assurance Platform Program $1,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW University Multi-Spectral Laboratories $2,000,000 Lucas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW University Strategic Partnership $1,920,000 Heinrich Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vehicle and Dismount Exploitation Radar (VADER) $4,000,000 Kratovil; Ruppersberger; Cardin; Mikulski
Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vehicle Fuel Cell and Hydrogen Logistics Program $6,400,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Water Purification System for Natural Disasters $800,000 Cochran; Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Wellhead Treatment of Perchlorate Contaminated Wells $1,600,000 Baca
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Woody Biomass Conversion to JP-8 Fuel $1,280,000 Michaud; Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Wyoming Army National Guard Joint Training and Experimentation Center (JTEC) $3,760,000 Barrasso
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW X-Band/W-Band Solid State Power Amplifier $1,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N 4-D Data Fusion Visualization $1,600,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N 76mm Swarmbuster Capability $1,600,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N AARGM Counter Air Defense Future Capabilities $2,000,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32456]]
RDTE,N Accelerating Fuel Cells Manufacturability $1,600,000 Slaughter Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Adelos Program: Nuclear Security Sensor System $2,800,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Battery System for Military Avionics Power Systems $1,600,000 Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Capability Build 12 and 14 $1,600,000 Adler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Composite Manufacturing for Composite High-Speed Boat Design $1,600,000 Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Composite Maritime Manufacturing $1,600,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Energetics Initiative $4,000,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Fluid Controls for Shipboard Application $3,000,000 Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Fuel Filtration System $1,200,000 Neal; Frelinghuysen Kerry; Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Helicopter Landing Aid $800,000 Rehberg Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced High Energy Density Surveillance Power Module $3,200,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Linear Accelerator Facility $960,000 Hill Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Logistics Fuel Reformer for Fuel Cells (Phase II) $2,400,000 DeLauro Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Manufacturing for Submarine Bow Domes and Rubber Boots $1,600,000 Crenshaw Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Molecular Medicine Initiative $800,000 Schiff; Chu; Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Naval Logistics $2,400,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Simulation Tools for Composite Aircraft Structures $1,600,000 Clay Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Steam Turbine $4,000,000 Massa; Olver; Tsongas Kerry; Kirk; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Aegis Research and Development $4,000,000 Miller, Gary (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Agile Port and High Speed Ship Technology $1,600,000 Sanchez, Linda (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Aging Military Aircraft Fleet Support $1,600,000 Tiahrt Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Air Readiness/Effectiveness Measurement Program $1,600,000 Moran (VA); Nye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N AN/SLQ--25D Integration $6,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Arc Fault Circuit Breaker with Arc Location $800,000 Matheson Bennett; Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Artificial Intelligence--Based Combat System Kernel $3,200,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Assistive Technologies for Injured Service Members $800,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Automated Fiber Optic Manufacturing Initiative for Navy Ships $2,000,000 Nye; Tsongas Kerry; Kirk; Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Automated Missile Tracking $800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Anti-Submarine Warfare Vertical Beam Array Sonar $1,600,000 Miller (NC); Coble Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Marine Sensors and Networks for Rapid Littoral Assessment $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Unmanned Surface Vehicle $2,700,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous UUV Delivery and Communication System Integration $3,600,000 Dicks Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Avionics Life Extension $800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Battlefield Sensor Netting $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Biocidal Wound Dressings $1,200,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Biosensors for Defense Applications $800,000 Cao; Melancon; Scalise Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Bow Lifting Body Project $3,200,000 Kagen; Stupak Inouye; Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N California Central Coast Partnership Research $2,800,000 McCarthy (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Captive Air Amphibious Transporter $2,200,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32457]]
RDTE,N Carbon Composite Thin Films for Power Generation and Energy Storage $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Center for Assured Critical Application and Infrastructure Security $1,200,000 Johnson (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Center for Autonomous Solar Power--Supercapacitors for Integrated Power Storage $4,000,000 Hinchey Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0634RDTE,N Center for Commercialization of Advanced Technology $2,000,000 Lewis (CA); Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Characterization and Exploitation of Magnetic and Electric Fields in the Coastal Ocean $2,000,000 Klein (FL); Wasserman Schultz; Nelson (FL)
Environment Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Cognitive Radio Institute $800,000 Gordon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Combustion Light Gas Gun Projectile $4,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Air Mine Countermeasures Tow Cable $2,400,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Command and Control System Module $4,800,000 Langevin; Courtney; Kennedy Dodd; Lieberman; Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Digital Sensor Architecture $2,400,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Safety System Controller $2,400,000 Pastor (AZ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Compliance Tools Development for Metals in Antifouling Paints $800,000 Bishop (UT); Rehberg Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Composite Mast for CVNs $2,960,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Composite Materials Enhancements through Polymer Science R&D $5,120,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Composite Tissue Transplantation for Combat Wounded Repair $2,000,000 Lewis (GA) Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Condition-Based Maintenance Enabling Technologies Program $2,400,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Conformal Ceramics for Enhanced Aviation Armor Systems $2,500,000 Chambliss; Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Continuous Active Sonar for Torpedo DCL Systems $3,600,000 Courtney Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Cooperative Engagement Capability $4,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Countermine LIDAR UAV-Based Systems $1,600,000 Taylor Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N DDG-51 Hybrid Drive System $8,100,000 Childers Cochran; Kerry; Kirk; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Deployable Command and Control Vehicle $3,040,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Deployment Health and Chronic Disease Surveillance $800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Detection, Tracking, and Identification for ISRTE of Mobile and Asymmetric Targets $2,000,000 Abercrombie Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Digitization, Integration, and Analyst Access of Investigative Files, NCIS $1,200,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Dynamic Eye-Safe Imaging Laser $800,000 Reichert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N E-6B Strategic Communications Upgrade $2,400,000 Fallin; Loebsack; Johnson, Sam Harkin; Inhofe
(TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Electromagnetic Signatures Assessment System Using Multiple Autonomous Undersea Vehicles, $2,000,000 Crapo; Risch
Phase III
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Electronic Motion Actuation Systems $800,000 Shuler; Bishop (UT) Bennett; Brown; Hatch;
Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Energetic Nano-Materials Agent Defeat Initiative $1,600,000 Rothman; Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Energetics S&T Workforce Development $3,500,000 Hoyer Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Enhanced EO/IR Sensors $2,400,000 Hodes Gregg; Shaheen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Enhanced Small Arms Protective Insert $1,600,000 King (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Environmentally Sealed, Ruggedized Avionics Displays $3,200,000 Butterfield Burr; Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N EP-3E Requirements Capability Migration Systems Integration Lab $5,000,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Expandable Rigid Wall Composite Shelter $800,000 Young (AK) Begich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Expeditionary Capabilities Laboratory $2,400,000 Brownback; Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32458]]
RDTE,N Expeditionary Swimmer Defense System $3,200,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N F/A-18 Countermeasures Improvement $4,000,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Fan Coil Assembly of the Future $2,720,000 Dodd; Kerry; Kirk; Kohl;
Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N FEATHAR--Fusion, Exploitation, Algorithm, Targeting High-Altitude Reconnaissance $4,350,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Fighter Jet Noise Reduction Under Carrier Deck Operational Environment $2,880,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Flight/Hangar Deck Cleaner $1,400,000 Begich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Floating Area Network Littoral Sensor Grid $4,000,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Flow Path Analysis Tool $1,600,000 Lewis (CA); McCarthy (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Fuel Efficient, High Specific Power Free Piston Engine for USSVs $1,600,000 Pingree (ME) Collins; Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Galfenol Energy Harvesting $2,800,000 Latham Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Gallium Nitride (GaN) Power Technology $1,600,000 Coble
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Global Law Enforcement Support for Counter-Narcotics $1,500,000 Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Global Supply Chain Management $800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Ground Warfare Acoustical Combat Systems of Netted Sensors $5,000,000 Boren; Sullivan Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Guidance, Navigation, Control, and Targeting $4,000,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hampton University Proton Cancer Treatment Initiative $4,000,000 Scott (VA); Moran (VA) Warner; Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Harbor Shield--Homeland Defense Port Security Initiative $1,600,000 Kilroy; Langevin Reed; Voinovich; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hawaii National Guard Integrated Information Command System $1,280,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hawaii Technology Development Venture $10,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N HBCU Applied Research Incubator $800,000 Kilpatrick; Connolly; Cummings; Cochran; Wicker
Thompson (MS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Head Attitude Tracking System $1,600,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Density Power Conversion and Distribution Equipment $1,200,000 Sullivan; Boren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Performance Capabilities for Military Vehicles Project $1,120,000 Hagan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Power Density Motor Drive $2,880,000 Murphy, Tim (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Power Ultra Lightweight Zinc-Air Battery $2,000,000 Coble; Kucinich; Sutton Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Temperature Radar Dome Materials $1,600,000 Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Temperature Superconductor Trap Field Magnet Motor $800,000 Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Torque, Low Speed, Direct Drive Electric Motor Technology $1,600,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Highly Conductive Lightweight Aircraft Sealant $960,000 Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Highly Integrated Siloxane Optical Interconnect for Military Avionics $800,000 Stupak Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High-Shock 100 Amp Current Limiting Circuit Breaker $600,000 Murphy, Tim (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Human Neural Cell-Based Biosensor $1,100,000 Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hybrid Propellant for Medium and Large Caliber Ammunition $4,000,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hybrid Propulsion/Power Generation for Increased Fuel Efficiency for Surface Combatants $6,400,000 Sanchez, Loretta (CA); Miller, Feinstein
Gary (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Image-Based Navigation and Precision Targeting $640,000 Markey (MA) Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Improved Capabilities for Irregular Warfare Platforms $4,000,000 Hoyer Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Improved Kinetic Energy Cargo Round $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32459]]
RDTE,N Improved Submarine Towed Array Systems $1,600,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Infrared Materials Laboratory $2,800,000 Cole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Instrumented Underwater Training Systems $2,240,000 Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Advanced Ship Control $1,200,000 Tierney Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Condition Assessment and Reliability Engineering $800,000 Connolly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Manifold and Tube Ceramic Oxygen Generator $4,800,000 Grassley; Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Manufacturing Enterprise $5,000,000 Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Manufacturing Systems 3D Simulation and Modeling Project $2,000,000 Scalise; Melancon Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Power System Converter $1,600,000 Murphy, Tim (PA) Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Power System Power Dense Harmonic Filter Design $1,600,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Psycho-Social Healthcare Demonstration Project $1,000,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integration of Advanced Wide Field of View Sensor with Reusable, Reconfigurable Payload $800,000 Holden
Processing Testbed System
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integration of Electro-Kinetic Weapons into Next Generation Navy Ships $4,000,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integration of Logistics Information of Knowledge Projection and Readiness Assessment $1,600,000 Byrd
Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Intelligent Decision Exploration $3,900,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Intelligent Retrieval of Imagery $2,000,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N IP over Power Line Carrier Network Integration with ICAS $1,600,000 McIntyre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Explosive Ordnance Disposal Diver Situational Awareness System $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Heavy-Lift Rotocraft Research $1,000,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Mission Battle-Space to Support Net-Ready Key Performance Parameters $2,000,000 Hoyer Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Tactical Radio System Handheld Manpack Small Form Factor Radio System $3,600,000 Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Technology Insertion and Accelerated System Integration Capability for Electronic $1,600,000 Ellsworth Lugar
Warfare
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Kinetic Hydropower System Turbine $1,600,000 Inslee; Engel; Tonko; Towns Murray; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Landing Craft Composite Lift Fan $1,200,000 Garrett; Dent Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Laser Optimization Remote Lighting System $2,000,000 Larson (CT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Laser Peening for P-3 Life Extension $1,280,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Laser Phalanx $12,000,000 Crowley; Bishop (UT) Bennett; Bunning; Hatch;
McConnell; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Life Extension of Weapon Systems Through Advanced Materials Processing $2,500,000 Herseth Sandlin Johnson; Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lighter-than-Air Stratospheric Unmanned Aerial Vehicle for Persistent Communications Relay $2,400,000 Lamborn
and Surveillance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lightweight Composite Structure Development for Aerospace Vehicles $2,400,000 Sullivan Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lithium Ion Storage Advancement for Aircraft Applications $2,000,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Acoustic and Thermal Signature Battlefield Power Source $3,200,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Frequency Active Towed Sonar System Organic ASW Capability $1,600,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Signature Defensive Weapon System for Surface Combatant Craft $3,840,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N M230 30mm Chain Gun Automatic Cannon $3,760,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Magnetic Refrigeration Technology for Naval Applications $4,000,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Maintenance Free Operating Period $2,000,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32460]]
RDTE,N Maintenance Planning and Assessment Technology Insertion $1,200,000 Brady (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Management of Lung Injury by Micronutrients $1,200,000 Meeks (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Managing and Extending DoD Asset Lifecyles $1,600,000 Abercrombie Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Manufacturing S&T for Next-Generation Energetics $5,000,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Air-Ground Task Force Situational Awareness $2,700,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Corps Cultural and Language Training Platform $640,000 Maffei Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Expeditionary Rifle Squad Reconfigurable Vehicle Simulator $2,400,000 Rehberg Baucus; Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Mammal Awareness, Alert and Response Systems $2,400,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Mammal Detection System $2,000,000 Smith (NJ) Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Personnel Carrier Support System $2,400,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Species Mitigation $2,295,000 Brown, Corrine (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Maritime Directed Energy Test and Evaluation Center $1,200,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Measurement Standards Research and Development $5,800,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Media Exploitation Tool Integration with Intelligence C2 Systems $1,200,000 Kosmas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N METOC Integrated Network-Centric Technology Systems $2,600,000 Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Micro-Drive for Future HVAC Systems $1,920,000 Moore (WI) Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Military Upset Recovery Training $800,000 Lee (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Millimeter Wave Imaging $1,360,000 Castle Carper; Kaufman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile Modular Command Center (M2C2) $2,800,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile, Oxygen, Ventilation and External Suction (MOVES) System $2,720,000 Granger; Johnson (TX) Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Modular Advanced Vision System $1,600,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mold-in-Place Coating Development for the US Submarine Fleet $2,000,000 Taylor Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Molten Carbonate Fuel Cell Demonstrator $3,600,000 Dodd; Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Moving Target Indicator Scout Radar $800,000 Johnson, Sam (TX); Hall (TX);
Johnson, Eddie Bernice (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Multi-Element Structured Filter Arrays for Naval Platforms $3,440,000 Bonner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Multifunctional Materials, Devices, and Applications $1,600,000 Kilroy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Multi-Mission Unmanned Surface Vessel $2,000,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Multivalent Dengue Vaccine Program $1,280,000 Brown (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Nanofluidic Lubricants for Increased Fuel Efficiency in Heavy Duty Vehicles $1,200,000 Price (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Nanotechnology for Anti-Reverse Engineering $2,400,000 Boozman Lincoln; Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Aviation Enterprise Interoperability with Carrier Strike and Expeditionary Group $5,000,000 Hoyer Cardin; Mikulski
Forces
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Functional Genomics Center Collaborating Site $3,200,000 Holden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Initiatives for Applications of Multifunctional Materials $2,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Shipbuilding Research Program Advanced Shipbuilding Enterprise $3,200,000 Sessions; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NAVAIR High Fidelity Oceanographic Library $2,400,000 Rehberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NAVAIR Project for Land/Sea-Based Air Systems Maintenance and Air Worthiness $2,000,000 Conyers; Dingell; Levin Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Naval Advanced Electric Launcher System $2,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Naval Ship Hydrodynamic Test Facilities $3,200,000 Van Hollen Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32461]]
RDTE,N Navy Advanced Threat Simulator $1,600,000 McCarthy (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Navy Special Warfare Performance and Injury Prevention Program for Special Boat Team 22 $2,000,000 Taylor Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NAWCWD Point Mugu Electronic Warfare Laboratory Upgrade $3,200,000 Gallegly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Near Infrared Optical Augmentation System $1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Electronic Warfare Simulator $1,600,000 McCarthy (CA); Ruppersberger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Manufacturing Processes and Systems $1,200,000 Smith (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Scalable Lean Manufacturing Initiative--Phase Two $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Shipboard Integrated Power--Fuel Efficiency and Advanced Capability Enhancer $1,600,000 Bartlett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Non Traditional Ballistic Fiber and Fabric Weaving Application for Force Protection $2,000,000 LoBiondo; Andrews; Rothman Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Non-Gasoline Burning Outboard Engine $1,520,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Non-Lethal Defense Technologies $2,320,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NSWC Corona Item Unique Identification Center $1,440,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N ONAMI Nanoelectronics, Nanometrology and Nanobiotechnology Initiative $3,840,000 Wu; Blumenauer; DeFazio; Merkley; Wyden
Schrader; Walden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N On-Demand Custom Body Implants/Prosthesis for Injured Personnel $1,600,000 Dingell; Levin Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Open Source Naval and Missile Database Reporting System $1,920,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Organic Submarine IRST Demonstration (ISRT OSAID) $2,400,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Out of Autoclave Composite Processing $2,000,000 Clay Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Pacific Airborne Surveillance and Testing $17,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Paragon (Frequency Extension) $2,400,000 Connolly; Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Passive RFID Development $900,000 LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Permanent Magnet Generator--Wave Energy Buoy $1,920,000 Schrader Merkley; Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Persistent Autonomous Maritime Surveillance $5,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Persistent Surveillance Wave Powerbuoy System $3,200,000 Holt Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Photonic Integration Foundry $2,400,000 Casey; Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Photovoltaic Rooftop Systems for Military Housing $1,200,000 Peters; Schauer Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Precision Engagement Technologies for Unmanned Systems $2,000,000 Ehlers Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Productization of Anti-fouling and Fouling Release Coating Systems $2,800,000 Pomeroy Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Propulsion Manufacturing Technology Development $3,760,000 Cochran; Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Proton Exchange Membrane Fuel Cell for Underwater Vehicles $1,600,000 Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Pure Hydrogen Supply from Logistic Fuels $2,400,000 Murphy, Patrick (PA) Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Quiet Drive Advanced Rotary Actuator $1,600,000 Sestak; Harman; Higgins; Lee Schumer; Warner; Webb
(NY); Sherman; Slaughter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Real-time Tactical Intelligence Collection System $1,200,000 Kennedy; Sarbanes Cardin; Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Regenerative Fuel Cell Back-up Power $1,360,000 Larson (CT) Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Remote Aiming and Sighting Optical Retrofit $3,040,000 Granger; Johnson (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Semi-Submersible UUV for Sensor Enhancements $1,400,000 Alexander Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sensor Integration Framework $1,440,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Ship Model Testing $2,000,000 King (NY) Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Shipboard Automated Radio Room System $1,600,000 Lautenberg; Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32462]]
RDTE,N Shipboard Wireless Maintenance Assistant $1,200,000 Schauer; Dingell Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Shipboard Wireless Network $2,400,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Shock and Vibration Modeling of Marine Composites $1,920,000 Towns Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Silicon Carbide Wafer Production--Process Development for Low Defect Power Electronics $1,200,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Simplified Orthopedic Surgery $4,240,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Single Generator Operations Lithium Ion Battery $4,000,000 Lugar; Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Small Survivable Jammer $800,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Smart Instrument Development for the Magdalena Ridge Observatory $4,000,000 Teague Bingaman; Udall (NM)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Solar Heat Reflective Film for Energy and Fuel Efficiency in Buildings and Vehicles $3,920,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sonobuoy Wave-Energy Module $800,000 Alexander Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N SPAWAR Systems Center/ITC New Orleans $3,200,000 Cao; Scalise Landrieu; Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N SSBN(X) Systems Development $2,000,000 Wittman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Strike Weapon Propulsion $3,200,000 Barton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Automated Test and Re-Test $2,000,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Environment for Evaluation and Development $2,400,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Fatline Vector Sensor Towed Array $1,600,000 Kratovil Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Navigation Decision Aids $4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Panoramic Awareness System $800,000 Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine System Biometrics Access Control $2,000,000 Rogers (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Supply Chain Logistics Capability at the ABL NIROP $6,400,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Tactical High Speed Anti-Radiation Missile Propulsion Demonstration $1,520,000 McKeon; Connolly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Technology Transfer Office $1,500,000 Hoyer Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Texas Microfactory $1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Thin Film Materials for Advanced Applications, Advanced IED and Anti-Personnel Sensors $1,280,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Tomahawk Cost Reduction Initiative $3,280,000 Bishop (UT) Bennett; Hatch; Levin; Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Trusted Discovery/Universal Description Discovery and Integration UDDI $5,000,000 Conrad; Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N U.S. Navy Cancer Vaccine Program $2,400,000 Jones (NC); Miller, Gary (CA) Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N U.S. Navy Pandemic Influenza Vaccine Program $1,600,000 McHugh Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Underwater Explosion Modeling and Simulation for Ohio Class Replacement Composite Non- $2,000,000 Perriello
Pressure Hull Fairing
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Underwater Explosives and Warhead Research $3,000,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Underwater Imaging and Communications Using Lasers $2,000,000 Wexler; Wasserman Schultz Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Undersea Vehicle Submerged Long Range Positioning $800,000 Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Vehicle Sensor Optimization Technologies Program $2,400,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Vet-Biz Initiative for National Sustainment $4,000,000 Salazar Udall (CO)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Virtual Business Accelerator for the Silicon Prairie $1,600,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Virtual Onboard Analyst for Multi-Sensor Mine Detection $1,200,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Voyage Repair Team Tool Management $1,200,000 Adler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Warfighter Rapid Awareness Processing Technologies $4,500,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 32463]]
RDTE,N Wave Energy Harvesting for Buoy Applications $1,600,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Waves, Wind and Scavengers: Next Generation Renewable Energy Systems for Naval Applications $2,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Weapon Acquisition and Firing System $2,400,000 Kennedy Reed; Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Wide Area Sensor Force Protection Targeting $1,600,000 Bean
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Wireless Sensors for Navy Aircraft $2,400,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Workforce Requirements Planning--Team Enhancement $800,000 Inslee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N X-49A Envelope Expansion Modifications $3,600,000 Brady (PA); Andrews; Castle; Schumer
Higgins; Larson (CT); Sestak;
Slaughter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WP,N Allegany Ballistics Laboratory Facility Restoration Plan $9,500,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WP,N Intelligent Graphics Torpedo Test Set Troubleshooting Maintainers Aid $4,000,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WP,N Lightweight Torpedo P5U Test Equipment Modernization $3,840,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WP,N MK-110 57mm Naval Gun $2,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WP,N MK-38 Minor Caliber Gun System $3,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Arsenal Support Program Initiative at Rock Island Arsenal $7,600,000 Hare; Braley Burris; Durbin; Grassley;
Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Arsenal Support Program Initiative at Watervliet Arsenal $6,400,000 Tonko Gillibrand; Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A M24 Sniper Weapons System Upgrade $2,400,000 Arcuri Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Though clause 9(b) of rule XXI of the Rules of the House of
Representatives technically only applies to conference
reports, the following is a list of congressional earmarks,
limited tax benefits, or limited tariff benefits that were
neither (1) included in the House bill or Senate amendment on
H.R. 3326, nor (2) in a report of a committee of either House
on this bill or on a companion measure.
[Congressionally Directed Spending Items]
----------------------------------------------------------------------------------------------------------------
Requester(s)
Agency Account Project Amount -------------------
House Senate
----------------------------------------------------------------------------------------------------------------
National Park Construction Swain County, NC Shuler
Service
----------------------------------------------------------------------------------------------------------------
I reserve the balance of my time.
Mr. YOUNG of Florida. I yield myself such time as I may consume.
Madam Speaker, I want to congratulate all of the members of the
subcommittee for having worked so hard all year long to get this
product to where we finally have final passage on the issue.
The House passed this bill 4\1/2\ months ago. The Senate passed it in
September. It has been a bit of a painful process along the way because
a lot of suggestions and a lot of ideas were raised of which we could
agree to some and could not agree to others.
Anyway, we have produced what I think is a good package. I may not be
as enthusiastic about this one as I have been for many others in the
past, but it is a good bill. It does provide what our soldiers, what
our sailors, what our marines, and what our airmen need in order to do
their jobs and to protect themselves while they're at it.
I would have said ``Coast Guard,'' but we don't have the jurisdiction
in this subcommittee for the Coast Guard. Yet we recognize the
importance of the United States Coast Guard as well.
The bill is not too much different from the House bill that we passed
4\1/2\ months ago. There has had to be some negotiation, obviously, but
I think we provided what our soldiers need and what our country needs.
There is a 3.4 percent pay raise for the members of our military. It
wasn't quite that big when it came to us, but we increased it to give a
little more of a substantial pay raise to the members of our military.
There is one point that I was questioned about which I need to make
clear: There is no money in this bill to move detainees from Guantanamo
or to buy or build new facilities in the United States for detaining
Guantanamo detainees. So there is no money in this bill for that
purpose.
All in all, it's a good bill and one that I can support
enthusiastically. As I think most of the Members know, Madam Speaker, a
number of other temporary issues have been added to this bill at the
leadership level, and we do not object to that. We think that that is
perfectly acceptable. In fact, I think it's a good idea in some of the
cases.
I yield to the ranking member on the full committee, who chaired this
subcommittee for quite a few years, the gentleman from California (Mr.
Lewis), who has been a major player in our Defense appropriations for
years.
Mr. LEWIS of California. I very much appreciate my colleague for
yielding.
Madam Speaker, my friend, Mr. Murtha, has spent some time at
Bethesda, and I would like to recognize the contributions that he has
made to this bill and to the work he has done with Mr. Young.
Madam Speaker, it has taken months to get to this point but I'm
pleased to see that we are finally considering a Defense Appropriations
bill to provide funds for the men and women of our armed forces and the
national security needs of our country.
[[Page 32464]]
We should have been on the House floor months ago--months ago--
passing a clean Defense funding bill. Like many Members, I questioned
the priorities of the Democrat leadership in moving this year's funding
bills, particularly the decision to send the President the Legislative
Branch conference report as our first completed bill. It sent an
unmistakable signal that the House majority was putting the needs of
Congress first and placing the needs of our troops at the end of the
line.
I know there has been great temptation to use the Defense bill as the
vehicle to carry many unrelated legislative items that could not and
would not muster enough support to pass on their own. And while this
package before us is far from clean, it's a streamlined version of what
was, just a few days ago, shaping up to be the mother of all Christmas
tree bills.
It was Chairman Obey who, on December 18th, 2005 said, and I quote,
``The defense bill ought to be about delivering equipment and
supporting our troops. There is something especially outrageous and
callous about the willingness of the majority party leadership to allow
the Defense Department bill in a time of war to be held hostage to
totally unrelated legislative items.''
But that is precisely what we are doing by including a variety of
non-defense related legislative provisions in this package. Some items
like COBRA, food stamps, and so-called ``poverty guidelines'' have been
manipulated in a way to suit the Chairman's purposes for redistributing
income in America but do not reflect the agreement reached to garner
bipartisan support on this bill.
We are also designating as emergency spending an additional $20
billion worth of program extensions. I'm not arguing that some of these
are unworthy but merely pointing out that they should have no place in
a defense spending bill. At the very least, we should pay for them
honestly rather than continuing to add to our mountain of debt.
More curious to me is the fact that buried within this legislation is
an airdropped Member project in the form of bill language authorizing
the payment of nearly $13 million to a county in North Carolina. I can
only assume that this project meets all of the necessary requirements
for congressional projects. No one seems to know how or why this
project was included in this package but it's there in black and white
for the world to see.
Also disconcerting is the fact that the underlying defense spending
bill fails to include funding needed for additional MRAPS to support
the 30,000 troop surge in Afghanistan. My understanding is that the
House and Senate majority and minority were in full agreement to
funding an additional 4,000 MRAPS--and yet a decision was made at
another level--perhaps even at a staff level--to leave this vital
funding out of this package. Again, it's a decision like this that
causes me to scratch my head and question the priorities of this
majority leadership.
At the end of the day, this legislation is far from perfect; I would
vote against Division B if given the opportunity. But it is a vast
improvement over the massive train wreck that was heading our way
earlier this week. I strongly support the underlying defense portion of
this package and ask our colleagues to support our troops who are
defending freedom at home and abroad.
Mr. CONYERS. Madam Speaker, I rise in opposition to H.R. 3326, the
Fiscal Year 2010 Department of Defense Appropriations Act.
The President's announcement last week came as no surprise to me and
many of my colleagues; he has consistently stated throughout the
Presidential campaign and during his first year in office that he is
committed to shifting military resources from Iraq into Afghanistan.
Nonetheless, I am disappointed the President has moved ahead with, what
I believe to be, an incorrect course of action.
As we move forward in this process, it is imperative that the House
consider all options about how to best succeed in Afghanistan. It is in
this spirit today that I want to announce the creation of a new ``Peace
and Progress in Afghanistan Caucus'' that will give Democrats and
Republicans a place to organize and advocate for a new strategy that
recognizes the need to redeploy our troops, while strengthening our
civilian and diplomatic approaches.
The presence of military troops in Afghanistan is having a
detrimental effect on our efforts to secure a lasting peace in the
region and diffuse the threat of international terrorism. Our military
presence only inflames anti-American resentment.
Only by pursuing a wide-ranging policy that focuses on reorienting
the United States' commitment to the Afghan government and people by
emphasizing indigenous reconciliation and reconstruction strategies,
rigorous regional diplomacy, and swift redeployment of the US military,
will we ultimately succeed in Afghanistan.''
I was extremely heartened that two of the three prongs of the
President's new strategy focus on a civilian surge and on diplomacy
with Pakistan. It is a shame that the funding in this bill will not
support these worthy approaches. The President believes that the United
States can transform resentment into hope by working with our
humanitarian and local government partners on the ground to give the
Afghan people access to education, strong civic institutions, and a
sustainable, legitimate source of income.
I believe that a new focus on a civilian surge should also empower
local NGOs and initiatives that directly benefit the Afghan people,
like the highly successful National Solidarity Project, an Afghan-run
community development program.
Similarly, if the Pakistani people understand that we are committed
to helping secure their safety and prosperity, they will step up their
efforts to combat terrorism within their borders. Additionally, I
believe we must expand our thinking beyond Pakistan to include other
actors and countries that affect the greater region. One of the least
discussed aspects of this conflict is the role India must play in
promoting regional peace. For years, the Pakistani military and
intelligence services have been hesitant to crack down on Taliban
militants operating in the tribal regions because they fear the
establishment of an Afghan government that would be susceptible to
Indian influence. Such a worst case scenario, in their view, would give
one of their traditional regional foes a foothold on both their
northern and southern borders.
In order to secure a long-term regional peace, the President must
engage India and Pakistan to seek a final political agreement on
Kashmir. Only when Pakistan feels secure in the south, will the
Pakistani army be able to focus its efforts on defeating the Taliban
who dwell along the Afghan border.
I look forward to working with the President to promote and expand
these critical approaches to securing victory.
The President has committed to ending the war in a responsible
manner. Although we disagree on the means being employed to reach that
laudable goal at the moment, I believe that I and other pro-peace, pro-
national security Members of Congress can help him can craft a
successful policy that will bring our troops home as soon as possible.
In the meantime, I will continue to oppose funding a war that
emphasizes a heavy military footprint. No amount of additional troops
can bring a war with no military solution to an end.
Mr. BLUMENAUER. Madam Speaker, as we enter the final days of 2009,
I'm pleased to join my colleagues in Congress to pass a series of bills
that will protect jobs, spur employment, and strengthen the ability of
families to make it through economic hardship. Among these measures is
H.R. 3326, the ``Fiscal Year 2010 Department of Defense Appropriations
Act.'' Although I remain extremely frustrated by large portions of this
bill that spend too much on the wrong things, I voted for it to provide
resources for our troops, including hundreds of Oregonians stationed
abroad, and for Oregon's economy.
The bill includes a number of hard-fought provisions that will make a
difference for Oregon's economy. Universities like Portland State,
Oregon, and Oregon State, local companies like Precision Castparts and
our regional manufacturing initiative, the Manufacturing 21 Coalition,
will see needed investment in programs to treat traumatic brain injury
and develop a skilled workforce. These are the right investments--
targeted and timely. Spending billions of dollars on items that the
Pentagon doesn't need and the President didn't want takes resources
away from addressing the deficit, or from critical investments like our
own people.
This bill is also a vehicle for making sure that millions of people
can bridge this economic downturn. This legislation ensures that
ordinary Americans do not lose unemployment benefits, that the
unemployed have access to health care, that doctors in Oregon and
around the country are not subjected to the egregious Medicare
reimbursement cuts. These efforts demand support.
I look forward to swift enactment of these much-needed provisions.
Grinding the legislative process to a halt only short-changes honest
Americans. It is my sincere wish that in the New Year we renew a spirit
of cooperation in the Senate and across the aisle.
Mr. BRALEY of Iowa. Madam Speaker, I rise today to express my support
for the Defense Appropriations Act for FY10 and am glad that it
includes extensions of several laws that are set to expire, such as
extending unemployment benefits and COBRA health insurance. I am also
pleased that it includes important items such as a delay of the
scheduled 21 percent cut in Medicare payments to
[[Page 32465]]
doctors and an extension of highway programs.
I am disappointed, however, that several tax extenders that were
passed by the House last week as part of the Tax Extenders Act will not
be considered before the end of the year, such as the biodiesel tax
credit. Although there has been some discussion to pass these extenders
retroactively early next year, Congress' failure to extend the current
credit before the end of the year could cause harm to the biodiesel
facilities in my District. Unlike other tax extenders, the biodiesel
tax credit is liquid and a retroactive tax bill is still not as
effective as ensuring the tax credit continues uninterrupted. We not
only need to get this extended in the short-term, but we need to come
up with a longer-term plan to provide more security for investment in
biodiesel which is good for the economy, the environment, and energy
security.
I am also concerned that Congress has failed to extend the 1.0 Floor
on the Work Geographic Practice Cost Index (GPCI) under Medicare Part
B, which expires at the end of this year. This is exactly why we need
to address these unfair GPCIs once and for all, which only serve to
penalize Iowa medical providers who choose to accept Medicare patients.
I have called for a permanent extension of the 1.0 Floor, and I have
secured language in the Health Care Reform bill to address geographic
disparities in Medicare. However, the current floor is still set to
expire at the end of this year. I will continue to urge my colleagues
to address this problem through a retroactive fix as soon as possible
next year, and through a permanent fix of the unfair geographic
adjusters under Medicare.
To help Iowa's farmers, it is also essential to extend the five-year
depreciation for farming business machinery and equipment, as well as
extensions of provisions encouraging farmers to set aside land for
conservation. As we continue to work our way out of the harshest
economic climate since the Great Depression, these tax credits will
play a tremendous role in encouraging job creation and strengthening
Iowa's middle class families. We also need to extend the Research and
Development tax credit. By renewing this credit, we are taking
meaningful steps to encourage companies to hire Iowa's educated and
experienced workers for good-paying 21st century jobs that can't be
outsourced.
Thanks again, Madam Speaker, for your leadership. We have gotten a
lot accomplished this year, but it is critical that we make the tax
extenders package a high priority item. I encourage you to work with
the Senate to get this passed into law so that we don't lose jobs in
the industries that rely on these credits at the same time that we are
working so hard to create them.
Mr. VAN HOLLEN. Madam Speaker, I rise in support of the 2010
Department of Defense Appropriations Act.
This measure represents Congress's commitment to the millions of
dedicated men and women, in and out of uniform, throughout the
Department of Defense, who work to address the national security
challenges of the country. This bill also expresses our commitment to
their families, whose service to the country is recognized and greatly
appreciated.
In total, the act appropriates $636.3 billion for DoD programs,
operations and troop support. This represents a 2 percent increase of
current funding levels, and while not including funding for the
President's proposed troop increase in Afghanistan, includes $128.2
billion for military operations in Iraq and Afghanistan.
The bill contains funds to meet the logistical needs of our military
including new and updated equipment, combat vehicles and battle gear.
The measure also includes funding for military pay raises, military
health care benefits and quality of life improvements for the troops
and their families.
Since first clearing this chamber in July, there have been important
add-ons made to the bill. These add-ons include a number of non-defense
provisions--such as an extension of certain emergency unemployment
insurance benefits; an extension of a 65 percent premium subsidy for
COBRA health insurance, allowing recipients to obtain the subsidized
insurance coverage for six additional months; a delay, until February,
of a scheduled 21 percent cut in Medicare payments to doctors; funding
for nutrition assistance; and $400 million for state administrative
expenses.
Additionally, I am especially pleased that today's DoD Appropriations
bill includes an unprecedented fund of $300 million set aside for the
purpose of mitigating BRAC-related transportation and community impacts
at the new Walter Reed National Military Medical Center and Fort
Belvoir. Congress is committed to building world class facilities for
our wounded warriors in the national capital region, and these funds
are an integral part of that effort. I want to thank Congressman Moran,
Chairman Murtha, and Chairman Obey, as well as Senator Mikulski and
Senator Cardin, for their partnership on this initiative. I look
forward to working. with our Senate colleagues, the Department of
Defense, and other stakeholders to make these funds available for their
intended purpose at the soonest possible date.
Madam Speaker, as the country prepares to ask even more of our
service members, it is our responsibility to do all we can to honor our
commitments to them and their families-- While we can never fully repay
the debt we owe them, we can work to ensure that they have the
resources they need to do their jobs abroad and the resources they need
to meet their obligations here at home.
I encourage my colleagues join me in support of the bill.
Mr. YOUNG of Alaska. Madam Speaker, I rise to discuss the $2.4
million that was included at my request in the FY10 Defense
Appropriations Bill for Synthetic Liquid Fuels.
Considering the large amounts of potential CO2 emissions
produced by a coal or a natural gas-to-liquids facility, technologies
will have to be developed to ascertain the feasibility of sequestering
the CO2.
Recent investigations by the U.S. Department of Energy have shown
that between 8 and 12 billion barrels of additional oil can be
recovered from the existing Alaska North Slope oil fields with using
CO2 enhanced oil recovery technology. Alaska North Slope oil
reservoirs present a potentially large target or ``sink'' for
sequestering the CO2 generated in a Fairbanks-based coal-to-
liquids or a coal/gas-to-liquids plant, thereby enhancing conventional
oil recovery as a by-product. However, very little practical study of
CO2 sequestration has directly addressed the Alaska North
Slope area. Moreover, in the present case, effective CO2
sequestration is highly dependent on the technologically and
economically-feasible transportation of CO2 from the
Fairbanks source to the Alaska North Slope. Additionally, for the
Alaska Natural Gas Pipeline proposed to bring the Alaska North Slope
natural gas to world markets, to be successful, accommodation for the
handling of about 480 mmscf CO2/day, assuming 4 bscf/day of
natural gas, from the Prudhoe Bay Unit must be considered.
The study paid for by these monies would investigate the feasibility
of gathering, delivering and utilizing the resultant CO2
from the plant for enhanced oil recovery on the North Slope of Alaska,
thereby simultaneously sequestering CO2 and increasing
domestic oil production. If this proves feasible, the construction of
the proposed would supply the U.S. military with domestically produced
synthetic fuel and greatly increase U.S. oil production from existing
oil fields.
Mr. MICA. Madam Speaker, although I voted ``yes'' in support of H.R.
3326, the Defense Appropriations Bill, and consider myself a strong
advocate for those in military service to our nation, I want to express
my opposition to funds appropriated in this measure to move and house
Terrorists from Guantanamo to Illinois. Having personally visited
Guantanamo I can attest that prisoners and detainees have
accommodations for better than many seniors, veterans and law--abiding
Americans. These terrorists are enemy combatants who committed
international acts of war and terror and should not be entitled to our
civil or criminal system of justice.
Furthermore after spending nearby half a billion dollars on the
Guantanamo facility to now waste a half a billion dollars more on that
scum of the earth is a horrible insult to all Americans and every
taxpayer. When you think that this administration cannot possibly come
up with another dramatic waste of public funds it seems today in this
rarified air in Washington one never ceases to be stunned and annoyed.
Unfortunately, the wasteful action and insult relating to Guantanamo
is only one of a number of unacceptable provisions that have been
tucked into the Defense Appropriations Bill.
Mr. FRELINGHUYSEN. Madam Speaker, I want to echo the comments of my
Ranking Members, Mr. Young and Mr. Lewis. This is a good bill, thanks
to the hard work of our Chairman Jack Murtha, his Ranking Member Bill
Young and their capable staffs.
Clearly, had I written the bill, I would have written it differently
in certain areas. (I certainly would not have tacked on a record
increase in the debt limit!)
My major regret is that we should have done more.
This bill started out $3.5 billion short of the President's request--
despite the fact that we are engaged in two, hard-fought wars.
And now, we have a larger mission in Afghanistan involving more
soldiers and Marines and a more complex and expensive operations to
support and resupply them.
[[Page 32466]]
At a time when this Congress has found the `will and the wallet' to
throw billions of borrowed dollars at every domestic program under the
sun, our leaders are finding ways to cut defense--sometimes subtle,
sometimes blatant.
I tell my Colleagues who have pledged to support a strong national
defense, that this bill is the high water mark. It's all downhill from
here.
With that said, Madam Speaker, there is much to like in the base
bill.
I support reform of our military acquisition processes.
I support Secretary Gates' program to re- examine our national
security priorities in light of the new irregular challenges and
threats that are proliferating well beyond Iraq and Afghanistan.
I support funding in the bill for: a 3.4 percent pay raise for our
troops (all volunteers); over $29 billion to provide first class
medical care through our Defense Health program; $15 billion to allow
the Navy to build seven ships; funding for more F/A-18 aircraft. We
also set the stage for a future multi-year procurement of the F-18
aircraft to begin to close the Navy's ``fighter gap;'' $6.3 billion for
6,600 more lightweight MRAPs for Afghanistan. These vehicles are badly
needed as IED's have proliferated;
However, I wish we could find a way to restore the cuts to missile
defense and ensure that the F-22 assembly line keeps rolling.
In this context, Madam Speaker, I worry that this Administration is
not making the investments today to ensure that we will be prepared to
defend our interests against all threats in the years to come.
I must also add that I am very concerned about the Majority's
insistence on using this bill, and our troops, to pass unrelated, and
sometimes controversial provisions. For example, this bill should not
be the vehicle to legislate Medicare doctor's payments, COBRA,
Satellite television, nutrition assistance reauthorization, the PATRIOT
Act and other provisions.
In closing, I thank Chairman Murtha and Ranking Member Young for
their leadership.
Ms. RICHARDSON. Madam Speaker, I rise in strong support of H.R. 3326,
the FY2010 Defense Appropriations Act,'' which provides $636.3 billion
in defense funding. This bill keeps faith with our troops and provides
the funding needed to ensure they are the best trained, best prepared,
best equipped, and best cared for fighting force in the history of the
world. That is the least we can do for those who willingly risk their
lives to keep us safe.
Madam Speaker, I also support the bill because it makes the needed
investments to keep our nation strong, safe, and respected in the
world. One of the most important investments is the $2.5 billion in
funding provided to build and maintain 10 C-17 Air Force cargo
aircraft, which is assembled in my district but serves the nation and
helps protect the peace the world over.
I want to thank Chairman Murtha and Chairman Obey for working with me
to secure this funding and also for masterly shepherding this
legislation to the floor.
Madam Speaker, in my remaining time let me briefly explain why I
fight so hard for the C-17, as Chairman Murtha can attest: Airlift is
the enabler of global reach, global power, and global vigilance. This
is what makes us a superpower.
The C-17 is the best airlift aircraft in the world because of its
ability to fly long distances and land in remote airfields in rough,
land-locked regions.
The C-17 is the premier transporter for military, humanitarian and
peacekeeping missions because it can:
Take off from a 7,600-ft. airfield, carry a payload of 160,000
pounds, fly 2,400 nautical miles, refuel while in flight and land in
3,000 ft. or less on a small unpaved or paved airfield in day or night.
In addition to the wars in Afghanistan and Iraq, the C-17 has proved
its mettle in humanitarian missions to Darfur, Myanmar, China, and
Georgia in the former Soviet Union.
The men and women who design and build the C-17 represent a critical
component of our nation's industrial base and a workforce that is
second to none.
At a time when we are adding to our troop strength in the Army and
Marine Corps overall, and expanding our deployment to Afghanistan, it
only makes sense to continue production of the C-17, the only program
that provides for strategic airlift over the long term.
For California alone, the C-17 program at Long Beach contributes
almost 14,000 direct jobs and an economic impact of $2 billion.
In conclusion, Madam Speaker, I support this bill because it restores
and enhances the readiness of our troops, equipment, and defense
infrastructure. It takes care of our military personnel and their
families. And it authorizes the needed investments to keep our nation
strong, safe, and respected in the world.
I urge my colleagues to join me in voting for the bill on final
passage.
Mr. HOLT. Madam Speaker, I rise in support of this important bill.
To help support our troops and their families, this bill provides a
much-deserved 3.4 percent military pay increase, as well as $472.4
million for Family Advocacy programs and full funding for Family
Support and Yellow Ribbon to provide support to military families,
including quality child care, job training for spouses, and expanded
counseling and outreach to families experiencing the separation and
stress of war. Additionally, H.R. 3326 provides $29.2 billion ($3
billion above the 2009 level) for the Defense Health Program to provide
quality medical care for servicemembers and their including $120
million for Traumatic Brain Injury and Psychological Health Research.
Regarding the Defense Department's operations, I'm pleased that the
bill provides $5 billion to allow defense personnel, not contractors,
to perform critical department functions. The Department estimates that
every position that is converted from contract to federal civilian
saves on average $44,000 per year. Additionally, the bill reduces
contracted advisory and assistance services by $51 million, and
includes general provisions to stop further conversions by the
Department of Defense from government functions to contractors. The
bill also contains important policy provisions I support, including a
bar on the establishment of permanent bases in Iraq or Afghanistan, and
the continuation of a general requirement prohibiting the torture of
detainees held in U.S. custody.
I am disappointed that we were forced to include in this bill a 60
day extension of three expiring Patriot Act authorities. The very good
Patriot Act reform bill reported out of the Judiciary Committee
eliminates over-broad surveillance authorities, tightens requirements
for the issuance of national security letters, and contains important
oversight requirements that will help us protect our people from both
potential terrorists and an out-of-control executive branch. That bill
should be passed by the House in January 2010 and the Senate should
adopt it.
Some non-defense policy items are also attached to this bill,
including expanded unemployment benefits, including increased payouts
and longer duration of benefits, through February 28, 2010. The bill
also extends from nine to 15 months (to February 28, 2010) the 65
percent COBRA health insurance subsidy for individuals who have lost
their jobs. The COBRA subsidy extension would help New Jersey families
between jobs immediately, as without this subsidy the average New
Jersey family would pay $1,156 a month for COBRA coverage, which would
consume over two-thirds of their unemployment benefits.
Overall, this bill meets important national security and domestic
policy needs, and I urge my colleagues to join me in supporting this
bill.
Mr. BOYD. Madam Speaker, I want to thank Chairman Murtha and Ranking
Member Young for their work on the Fiscal Year 2010 Defense
Appropriations Act. This bill will ensure that our military members
have the equipment, training and resources they need to continue to
defend our great nation, particularly in light of the continuing
engagements in Iraq and Afghanistan. As a Vietnam veteran, I understand
the sacrifices our troops are making and they are never far from my
mind in the work I do here.
I specifically want to highlight the section in the bill under
consideration today regarding the Combat Air Force restructure plan and
thank the Chairman for his work with me on this provision to delay the
early retirement of F-15s from Tyndall Air Force Base. I also want to
acknowledge and thank the Secretary of the Air Force and the Chief of
Staff for their incredible dedication and willingness to resolve this
tough issue with me.
This six month delay of the Combat Air Force restructure plan
stipulated in H.R. 3326 represents a tremendous legislative victory for
Bay County and is the result of a year's worth of efforts by our
community. Working together, we have put Tyndall in a strategic
position to be a key component of the Air Force's next generation
fighter infrastructure. It has been made clear from the very highest
levels of the Air Force, from the Chief and Secretary, that Tyndall is
a national jewel that plays, and will continue to play, a valuable role
in our country's defense.
I also want to thank the people of Bay County, particularly the Bay
Defense Alliance, who have been partners with me as we worked together
to protect the economic interest of our community and security
interests of
[[Page 32467]]
our country. It is no secret from the halls of Congress to the halls of
the Pentagon that the community supporting Tyndall Air Force Base is
top notch.
Additionally, I look forward to the results of the reporting
requirements in this bill that will help us all better understand the
Air Force's fighter requirements and the impact that the drawdown would
have on our nation's combat air forces and the communities that support
them.
In summary, this bill will make sure that our nation remains the
strongest military in the world and I strongly support it.
Mr. ETHERIDGE. Madam Speaker, I am pleased once again to rise in
support of H.R. 3326 the Fiscal Year 2010 Defense Appropriations Act.
In addition to making important investments to keep the American people
safe, strengthen our military, and support our troops, this amended
bill makes sure that the American economy is safe, strengthens our
recovery, and supports those in need.
As a veteran of the U.S. Army, and the representative of Fort Bragg
and Pope Air Force Base, I am proud of our troops who serve our
country, and pleased that we are completing our work on funding their
efforts in Iraq and Afghanistan, meeting their equipment needs at home,
and fulfilling our commitment to our troops and their families. I spoke
about many of those provisions when this bill first passed in July.
This amended bill also keeps our commitment to the working men and
women of America who deserve support in this economic downturn. As the
representative of a state with one of the highest unemployment rates in
the nation, I am proud that this bill will provide a degree of economic
security for workers who are struggling during this holiday season.
Extending benefits for folks who are having trouble finding a job is
the right thing to do for families and our recovering economy. The
temporary support in this bill will help North Carolinians maintain
health care coverage and pay their bills while they get back on their
feet and find their next job opportunity.
This bill continues our efforts to get the economy back on track and
create jobs. The families who receive extended benefits will be putting
money right back into our local economy--buying groceries, filling
their cars with gas, and making their mortgage payments on time. The
bill also extends improvements to Small Business Administration
guaranteed loans so that small businesses can secure the financing they
need in these tight economic times. Small business are a major engine
of our economy, and are responsible for almost all year-over-year job
growth. We must make sure they can get the funding they need to create
jobs so we can reduce unemployment and restore our economy.
Madam Speaker, this bill already made sure our Armed forces have the
support they need to protect the American people. The amendments we are
voting on today also make sure we preserve our economic safety net and
promote American prosperity.
I urge my colleagues to join me in support of H.R. 3326.
Mrs. BACHMANN. Madam Speaker, I rise today in support of H.R. 3326,
the Fiscal Year 2010 Department of Defense Appropriations Act, as
amended by the Senate. However, while I applaud the hard work of House
leadership in bringing this much needed legislation to the floor, I
regret that an opportunity to more fully address the threat posed by
suspected terrorists currently under detention by the United States
government has been missed.
The United States military is responsible for keeping Americans safe.
And in light of the challenge that we face in Iraq and Afghanistan, the
Federal Government's commitment to our soldiers has never been more
important. As such, I'm pleased we're working to ensure that the
promises we've made to those who serve in our Armed Forces are kept.
Whether it's the 3.4 percent military pay increase or the $104 billion
to improve military equipment, I believe we must ensure our troops
receive the support they deserve for the great sacrifice they have made
by serving our country, and clearly this bill represents a strong show
of that support.
However, while H.R. 3326, as passed, is a strong bill, I was
disappointed that one of the most troubling issues of the day was not
addressed. Critical to ensuring individual Americans' safety is the
future treatment of the dangerous enemy combatants housed at the
Guantanamo detention facility. Rather than allowing Khalid Sheikh
Mohammed to be tried in New York City through our civilian court system
and transporting Guantanamo detainees to Thomson Correctional
Institution in Illinois, Congress should unequivocally restrict enemy
combatants to trial by military commission and permanently deny funding
to transport them into our country.
Madam Speaker, we are at a critical juncture in our nation's history.
However, as we work to bolster a strong national defense, we cannot
ignore the ever-present threat posed by those rogue agents who wish to
do us harm. I believe a cornerstone of addressing this threat is to
remove the current legal ambiguity with regard to detainee treatment.
By trying these detainees in a civilian setting, we are allowing them
to exploit our judicial system for personal gain and undermine the work
of our military commissions, which have served our nation for
centuries.
So while I am pleased to be here on the floor today supporting our
troops, it is my sincere hope that the questions surrounding America's
prosecution of enemy combatants will be answered in a way that best
ensures our national security.
Mr. TIAHRT. Madam Speaker, the base bill of H.R. 3326, the FY2010
Defense Appropriations bill, effectively meets the needs of our men and
women in uniform. Although not perfect, H.R. 3326 takes important steps
to invest in the people and equipment of the United States Armed
Forces. Sadly, Democrat leadership has once again decided to use this
vital and non-partisan piece of legislation to enact controversial
measures, such as bringing terrorists to U.S. soil.
The United States military is the strongest in the world due to our
people, training and equipment. I am happy to say that each of those is
strongly supported in this legislation.
Our military men and women are patriots and the world's finest
soldiers, sailors, airmen and Marines. Congress has a moral obligation
to offer them our thanks and unwavering support. Although we can never
fully repay their sacrifice and commitment, H.R. 3326 at least provides
a pay raise. The bill provides a 3.4 percent pay raise for all
servicemembers, which is 0.5% higher than that proposed by the Obama
administration.
Our military and their families deserve the world's finest medical
care. H.R. 3326 makes a $30 billion investment to care for sick and
wounded servicemembers and their families. This includes $370 million
for medical research and $120 million for Traumatic Brain Injury and
psychological health research.
The legislation also provides $500 million for family advocacy
programs that support military families. With so many servicemen and
women deployed overseas, our military families are under particular
strain. Whether at Fort Riley or McConnell Air Force Base, Kansas
families need this extra assistance when their loved ones are deployed.
The bill makes the right investments to ensure they are protected and
supported.
Given the diverse roles our military performs--from safeguarding
nuclear weapons to fighting terrorists in the jungles of the
Philippines--rigorous training is essential to ensure our troops are
ready for action and come home safely when the job is done. To achieve
this objective, H.R. 3326 provides $154 billion for operations and
maintenance accounts. During the 1990s, our nation had a ``hollow
military''--filled with people and equipment, but lacking the necessary
training and readiness to be successful. We must never allow this to
occur again.
Ensuring that our military has the finest equipment available is
essential, and H.R. 3326 makes some necessary investments. With funding
for the Next Generation Aerial Refueling Aircraft replacement, the
Navy's Multi-mission Maritime Aircraft, and additional C-17 aircraft,
among many other programs, our troops will have the most advanced
equipment to effectively carry out the will of this nation and return
home safely. These programs also create high-paying Kansas jobs that we
so desperately need.
While this legislation makes the right investments in our fighting
men and women and their families, it also includes a dangerous
provision for our nation: allowing terrorists detainees currently held
at Guantanamo Bay to be brought to the United States.
Terrorists do not belong in the streets or prisons of America.
Following the dangerous decision to house unrepentant terrorists in the
Midwest, this legislation does nothing to restrict the president's
obsession with closing the detention facility at Guantanamo Bay and
bringing terrorists to the United States. We have the most secure,
state-of-the-art detention and interrogation facility in the world at
Guantanamo Bay. That is where the terrorists should remain. They should
never be brought to the United States.
Although Democrats continue to play politics with this spending bill,
I cannot do the same. Our men and women in uniform deserve the
resources to carry out the will of this nation, and this bill provides
those. Therefore, I intend to vote for H.R. 3326 and I encourage my
colleagues to do the same.
Mr. STARK. Madam Speaker, I rise to oppose yet another increase in
war and defense
[[Page 32468]]
spending. I have never voted for a Defense Appropriations bill. I will
not start today. Throwing more money toward a war in Iraq that should
never have been started and a war in Afghanistan that should be over
diminishes our ability to address the real issues impacting families.
War spending already swallows over 50 percent of our discretionary
budget. This bill will add $11 billion to an already bloated Defense
budget, as President Obama eyes billions more for a troop increase in
Afghanistan.
There are good things in this bill. I helped write provisions that
will extend COBRA subsidies and prevent pay-cuts to Medicare
physicians. The bill also extends unemployment benefits at a time when
Americans are struggling to find jobs. While I support these
provisions, I cannot support a bill where the good provisions are
dwarfed by the $636.3 billion outlay for defense.
The right priorities for Congress are addressed in another bill we
will consider today, the Jobs for Main Street Act (H.R. 2847). This
legislation would put people to work rebuilding our country. It would
invest in building schools, improving our transit systems, and
upgrading our water infrastructure. It would prevent the lay-offs of
teachers, police, and firefighters.
The Jobs for Main Street Act also would provide better protections
for laid-off workers than the provisions in the Defense bill. It would
extend emergency unemployment insurance benefits for an additional six
months, and allow millions to maintain health care by expanding the
COBRA subsidy to 15 months and extending the eligibility period to June
30th. This is the type of escalation our country needs.
Congress should not be giving more money to the Pentagon to wage war.
We should be focused on creating jobs, providing health care for all
Americans, and improving our education system. That is why I am voting
for the Jobs for Main Street Act and against the wasteful Defense
Appropriations bill.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise as a Member of the
Foreign Affairs Committee to support House passage H.R. 3326, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010. I urge the Congress to support the President's
initiatives to terminate or reduce programs that fund narrowly focused
activities, duplicate existing programs, or that have outlived their
usefulness, specifically including the Kinetic Energy Interceptor
program. The Congress is encouraged to adopt proposals made by the
administration that would better target scarce resources and redirect
funds to programs with greater potential for results.
I believe in a strong procurement approach that takes advantage of
the efficiencies associated with an award to a single contractor.
I look forward to working with the Congress to address concerns
regarding statutory direction to re-organize certain offices within the
Office of the Director of National Intelligence (ODNI), reductions to
cyber security programs, and cuts to classified activities in ODNI.
The measure provides more funding for equipment depleted by the wars
in Iraq and Afghanistan, special pay raises, and quality of life
improvements for the troops and their families. It partially offsets
these increases by cutting funding from current levels for missile
defense and futuristic programs like the Future Combat System of new
vehicles. I support the President in adding more money into the budget
for our military families. I am disappointed that this bill
appropriates no funds for the closure of the prison at Guantanamo, and
blocks the transfer of prisoners. The bill references a detailed plan
for the disposition of the detainees to be submitted and I look forward
to seeing this plan. It also provides a 3.4% pay increase for military
personnel, and a 2% pay raise for civilian federal employees which is
vital in maintaining the morale of the troops and the federal law
enforcement personnel that help secure America.
Finally, this bill prohibits the use of funds in the bill to
establish permanent military bases in Iraq or U.S. control of Iraqi oil
resources.
The bill also continues the prohibition on the use of funds provided
for the Iraq Security Forces for the construction of facilities for the
Iraqi government.
I support all provisions that require the Defense secretary to report
to Congress on troop drawdown status and goals relating to the
withdrawal of U.S. forces from Iraq by the end of 2011. The report,
which is due 90 days after enactment and every 90 days thereafter, must
include the following:
A detailed, month-by-month description of the transition of U.S.
military forces and equipment out of Iraq;
A detailed, month-by-month description of the transition of U.S.
contractors out of Iraq; and
How the Iraqi government is assuming the responsibility for
reconciliation initiatives as the U.S. role transitions.
It is absolutely imperative that the U.S. Congress and the President
agree on an eventual drawdown and removal of our forces from Iraq.
I am proud of the support to the military and their children that the
FY 2010 Defense Appropriations bill provides. Congress approved a 3.4
percent increase in military pay, 0.5 percent above the Department of
Defense request. This bill includes $29.2 billion for medical care for
the Defense Health Program, which provides medical care for members of
the armed services and their families. Included in the health care
funding are $372 million for military medical research and $120 million
for Traumatic Brain Injury and Psychological Health Research.
The FY10 Defense Appropriations bill included $472.4 million for
Family Advocacy programs including Family Support and Yellow Ribbon.
These programs include quality child care, job training for spouses,
and an expansion of counseling services. For the families that
experience the daily heartache of having a loved one far away, these
programs reach out and provide support. I want to thank Chairman Murtha
for his untiring support of our troops and their families.
I want to stress that none of these funds will go toward the
administration's plan to send 30,000 additional troops to Afghanistan,
and I will continue to scrutinize the economic, military and social
impacts of the administration's request. I am concerned about the cost
of sending additional troops, as well as the effect that a larger
presence in Afghanistan will have on troop morale. The White House
estimates that it will cost $1 million per year for each additional
soldier deployed, and I believe that $30 billion would be better spent
on developing new jobs, and fixing our broken healthcare system, as
well as in using ``smart power'' to peacefully work on the Afghan
cease-fire.
The cost and the long-term commitment were given renewed significance
on Tuesday, December 9, 2009 when Afghan President Hamid Karzai said,
as reported in the New York Times, that ``Afghanistan would not be able
to pay for its own security until at least 2024.'' Secretary Robert
Gates echoed that sentiment when he said that ``For another 15 to 20
years, Afghanistan will not be able to sustain a force of that nature
and capacity with its own resources.'' If our strategy is to use $50
billion to build up Afghanistan's police and military forces as well as
a decades-long commitment, I am not sure that the American people will
support such an effort.
Yet, no matter your opinion on their role in conflict, it is
important that our troops are prepared for the current combat
environment. As such, the Defense appropriations bill includes $154
billion to increase the readiness of our armed forces, helping to
refocus our military away from the Cold-War era type of conflict.
A bill of this magnitude must include safeguards against waste,
abuse, and fraud. Not only does this bill increase the resources at the
disposal of the Department of Defense (DOD) Inspector General, it also
enhances the focus on taking inherently governmental functions out of
the hands of contractors.
Finally, it will be a great celebration in Houston with the
establishment of the Riverside General Hospital Post Traumatic Stress
Disorder Center with a $1 million grant. Additionally, I have received
over $4 million in green job, technology, and medical research funding.
These dollars will work for the 18th Congressional District and the
American people.
Ms. WOOLSEY. Madam Speaker, I rise in opposition to H.R. 3326, the
Department of Defense Appropriations Act.
The bill extends unemployment and COBRA benefits, which I have fought
for and continue to support.
It also funds a number of employment, medical, and transportation
programs that I also support.
Nevertheless, I urge my colleagues to oppose this bill because it
continues funding for our futile efforts in Iraq and Afghanistan, which
have already cost our country too much in blood and treasure.
Instead of pursuing military action where there is no military
solution, we need a new strategy that relies on the effective tools of
what I call smart security.
These tools include diplomacy, humanitarian aid, economic
development, education, civil affairs, and better intelligence and
police work to search out and capture extremists.
In the case of Afghanistan, for example, a great majority of all
further funding should be devoted to these smart security efforts.
Madam Speaker, let's change our strategy before it's too late. We can
begin by voting against this bill.
Ms. McCOLLUM. Madam Speaker, I rise to express my support for H.R.
3326, the Department of Defense Appropriations Act for Fiscal
[[Page 32469]]
Year 2010. This legislation provides the needed support, resources, and
equipment for America's brave men and women in uniform.
With the passage of H.R. 3326, Congress will affirm its commitment to
America's Armed Forces, both overseas in a theater of war and here at
home when they return from duty. I am pleased that this bill recognizes
the incredible sacrifice made by our troops and their families. It
provides an increase in military pay, first-class medical care, and
expanded support and counseling for military families enduring the
burdens of war.
But the sacrifices made for national security should not be for our
troops and their families to bear alone. When the country commits to
fighting a war, it must also commit to paying for it. All additional
funding necessary for stability in Afghanistan and Pakistan must be
paid for today, rather than added to America's mounting debt. That is
why I joined my colleagues in cosponsoring H.R. 4130, a bill that would
establish a temporary surtax to pay for the war in Afghanistan.
Madam Speaker, I am also pleased that H.R. 3326 increases oversight
of the Department of Defense to reign in waste, fraud, and abuse. It
ensures that defense personnel--not outside contractors--perform the
department's most critical functions, and calls for additional
investigators to oversee those contracts that are outsourced.
Finally, in addition to critical spending for our national defense,
this package contains key items to help Americans during our economic
downturn. H.R. 3326 will extend expanded unemployment benefits, health
insurance for unemployed workers, and enhancements for small business
loans. It will delay cuts to Medicare physician payment extensions, and
help meet the growing demand for nutrition assistance for low- and
middle-income Americans.
Ms. LEE of California. Madam Speaker, I rise today in opposition to
H.R. 3326, the Department of Defense Appropriations Act for FY 2010.
Critical provisions have been added to this bill in order to help
those facing incredible hardships during this difficult economic time.
The extension of expanded unemployment benefits until the end of
February is a vital stopgap measure for those in dire need, and I would
like to stress that this is only a piece of our urgent responsibility
to restore the economic livelihood, and promise of opportunity to so
many individuals and communities across the country.
I am also pleased to see that H.R. 3326 includes language prohibiting
the establishment of permanent military bases in Iraq or Afghanistan.
Unfortunately, I cannot support the $125 billion included in this
bill for ongoing military operations in Iraq and Afghanistan, nor can I
support a continuation of runaway defense spending especially at a time
when individuals and families across this nation are facing enormous
challenges in simply trying to make ends meet.
Madam Speaker, I have been clear in my respectful disagreement with
the President's decision to escalate the United States military
presence in Afghanistan, as well as my belief that the situation in
Afghanistan will not be solved with a military solution.
This bill does not include additional funding for the proposed troop
deployments, and I am hopeful Congress will hold an honest debate and
up-or-down vote on the issue of a military escalation prior to
obligating federal resources.
The direct costs of two wars in Iraq and Afghanistan have reached
nearly $1 trillion, and the indirect costs to our national security,
our economy, and to our brave men and women in uniform are
immeasurable.
We further cannot afford to squander our resources on costly cold-war
era weapons that in many cases are outdated and truthfully
inappropriate for reducing the real threats facing our nation.
The fact is, as we work to reform our nation's healthcare and
education systems, invest in housing and infrastructure, and put
American's back to work, sending more than 50 percent of the federal
discretionary budget to the Pentagon represents a clear and
unacceptable tradeoff.
For those reasons I cannot support this bill.
Mr. YOUNG of Florida. Madam Speaker, I yield back the balance of my
time.
Mr. MURTHA. I yield back the balance of my time, Madam Speaker.
The SPEAKER pro tempore. Pursuant to House Resolution 976, the
previous question is ordered.
The question is on the motion offered by the gentleman from
Pennsylvania (Mr. Murtha).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. YOUNG of Florida. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adoption of the motion will be followed by a 5-minute
vote on the motion to suspend the rules with regard to H.R. 1110, if
ordered.
The vote was taken by electronic device, and there were--yeas 395,
nays 34, not voting 5, as follows:
[Roll No. 985]
YEAS--395
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chandler
Childers
Chu
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellsworth
Emerson
Engel
Etheridge
Fallin
Farr
Fattah
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (NY)
Levin
Lewis (CA)
Linder
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
[[Page 32470]]
Tiberi
Tierney
Titus
Tonko
Tsongas
Turner
Upton
Van Hollen
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Yarmuth
Young (AK)
Young (FL)
NAYS--34
Baldwin
Bishop (UT)
Campbell
Chaffetz
Clarke
Costello
Duncan
Ehlers
Ellison
Filner
Flake
Gohmert
Grayson
Johnson (IL)
Kagen
Kucinich
Lee (CA)
Lewis (GA)
Lofgren, Zoe
Lummis
McDermott
Nadler (NY)
Paul
Payne
Polis (CO)
Quigley
Serrano
Shimkus
Stark
Towns
Velazquez
Welch
Woolsey
Wu
NOT VOTING--5
Eshoo
Hirono
Radanovich
Souder
Speier
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1400
Messrs. COSTELLO, SHIMKUS, CHAFFETZ, LEWIS of Georgia, KAGEN, Ms.
VELAZQUEZ, Messrs. PAYNE, TOWNS, and Ms. CLARKE changed their vote from
``yea'' to ``nay.''
Messrs. TURNER and RYAN of Wisconsin changed their vote from ``nay''
to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Ms. ESHOO. Madam Speaker. I was not present during rollcall vote No.
985 on December 16, 2009 because I was in a secure room for a
restricted briefing.
On rollcall vote No. 985, I would have voted ``yea.''
Stated against:
Mr. CONYERS. Madam Speaker, today, I inadvertently cast a ``yea''
vote during rollcall vote 985. My intention was to cast a ``nay'' vote
on H.R. 3326, a bill making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes.
____________________
PHONE ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 1110, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 1110, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I demand a recorded
vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 418,
noes 1, not voting 15, as follows:
[Roll No. 986]
AYES--418
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hodes
Hoekstra
Holden
Holt
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Woolsey
Wu
Yarmuth
Young (AK)
NOES--1
Paul
NOT VOTING--15
Bonner
Conyers
Dicks
Gingrey (GA)
Heller
Himes
Hirono
Honda
Kaptur
Linder
Pastor (AZ)
Radanovich
Speier
Wolf
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1407
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PERSONAL EXPLANATION
Mr. RADANOVICH. Madam Speaker, I was unable to make today's votes on
the House
[[Page 32471]]
floor due to a family illness. Had I been present I would have voted as
follows:
``Yea'' on rollcall vote No. 985, on the motion to concur in the
Senate Amendment with a House Amendment to H.R. 3326, the Department of
Defense Appropriations Act of 2010.
``Aye'' on rollcall vote No. 986, to suspend the rules and adopt H.R.
1110, the PHONE Act of 2009.
____________________
PERSONAL EXPLANATION
Ms. HIRONO. Madam Speaker, on rollcall No. 985 and 986, had I been
present, I would have voted ``yes'' on both.
____________________
FURTHER CONTINUING APPROPRIATIONS, FISCAL YEAR 2010
Mr. OBEY. Madam Speaker, pursuant to House Resolution 976, I call up
the joint resolution (H.J. Res. 64) making further continuing
appropriations for fiscal year 2010, and for other purposes, and ask
for its immediate consideration.
The Clerk read the title of the joint resolution.
The SPEAKER pro tempore. Pursuant to House Resolution 976, the joint
resolution is considered read.
The text of the joint resolution is as follows:
H.J. Res. 64
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Continuing Appropriations Resolution, 2010 (division B of
Public Law 111-68) is further amended by striking the date
specified in section 106(3) and inserting ``December 23,
2009''.
The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) and
the gentleman from California (Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. OBEY. Madam Speaker, before I start, I don't see either one of
them on the House floor now, but I just want to take this time to note
that today is the birthday of the distinguished gentleman from Florida
(Mr. Young), the ranking member of the Defense appropriations
subcommittee, and also of the gentleman from Washington (Mr. Dicks),
who is the second ranking Democrat on the same subcommittee. So in
their absence, I think we wanted to wish them well.
With that, Madam Speaker, I would simply say this is a simple joint
resolution, a continuing resolution, which takes the Congress to
December 23, next Wednesday. It is made necessary by the fact that it
is just possible that the Senate might not finish its work before the
18th. They have been known for their speed, but this may be an
exception. It is also useful in order to give the President additional
time to review the Defense bill before he signs it.
With that, I would urge support, and I am prepared to yield back
after the gentleman has made his remarks.
Mr. LEWIS of California. Madam Speaker, this is a simple 5-day CR,
and I happily yield back the balance of my time.
Mr. OBEY. Madam Speaker, I would again urge support for the
resolution, and I would yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 976, the previous question is ordered.
The question is on the engrossment and third reading of the joint
resolution.
The joint resolution was ordered to be engrossed and read a third
time, was read the third time, and passed, and a motion to reconsider
was laid on the table.
____________________
PERMITTING CONTINUED FINANCING OF GOVERNMENT OPERATIONS
Mr. STARK. Madam Speaker, pursuant to House Resolution 976, I call up
the bill (H.R. 4314) to permit continued financing of Government
operations, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 976, the bill
is considered read.
The text of the bill is as follows:
H.R. 4314
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONTINUED FINANCING OF GOVERNMENT OPERATIONS.
Subsection (b) of section 3101 of title 31, United States
Code, is amended by striking the dollar amount contained
therein and inserting ``$12,394,000,000,000''.
The SPEAKER pro tempore. The gentleman from California (Mr. Stark)
and the gentleman from Nevada (Mr. Heller) each will control 30
minutes.
The Chair recognizes the gentleman from California.
{time} 1415
Mr. STARK. I yield myself such time as I may consume.
This bill is necessary to allow the government to keep operating past
the new year so that we can adjourn for the year. The Treasury
Department has told us we will reach our current limit on the national
debt on December 31--Happy New Year. Unlike past years, the Treasury
Department has informed us they don't have the ability to maneuver and
buy more time, so the United States would begin to default on its debt
if we do not act.
The bill would raise the debt limit by $290 billion, enough to last
through February 11. Unfortunately, we will have to revisit this issue
early next year. I wish we could have avoided that, but to do so, we
would have had to resolve differences with the Senate over a budget
commission and a statutory PAYGO. With the Senate preoccupied on other
matters, that would be impossible before the holidays. Even if the
Senate were to pass the larger debt limit increase we sent over to
them, we would still have to act again next year.
It's important that we do this, as I said, to keep the government
running. I don't like to raise the debt limit, but I do like being in
the majority, and I do like seeing us pay our bills because we have an
international obligation to many of our creditors.
I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield myself 2 minutes.
Madam Speaker, here we go again. Christmas is a week away and
Congress is scrambling at the last minute just so we can go home. While
Americans are doing last-minute holiday shopping, the majority party is
doing its last-minute spending. This year, many families are cutting
back on their holiday shopping. The average holiday spending by
Americans this year has dropped to $343 per person from $372 a year
ago. You would think that during these tough times when most Americans
are forced to tighten their belts, Congress would do the same. No
chance under this majority.
This majority stumbled into 2009 with a budget that raised the
deficit by $1.8 trillion. Then Congress decided to pass an $800 billion
stimulus bill, $3 billion on Cash for Clunkers, $1.3 trillion on the
Democratic health care bill, a trillion dollars on cap-and-trade and,
recently, another $447 billion was spent on Washington, D.C.,
bureaucrats. After all this spending, the national debt is now $12
trillion. Every American citizen will now owe more than $39,000 to pay
for Washington's spending.
Now Democrats want to raise the debt limit to allow even more
spending in 2010. The real fat cat is the Federal Government which
spends, spends, spends while the American public gets stuck with the
bill.
I urge my colleagues to reject raising the debt limit. Give the gift
that America deserves: a responsible Federal budget.
Merry Christmas to everyone.
I reserve the balance of my time.
Mr. STARK. Madam Speaker, I ask unanimous consent that the
distinguished committee member of Ways and Means, Mr. Neal of
Massachusetts, be allowed to control the time for our side.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. NEAL of Massachusetts. Madam Speaker, I yield myself such time as
I might consume.
Madam Speaker, I rise in support of the debt limit legislation we are
considering today, and I want to thank Mr.
[[Page 32472]]
Rangel for his hard work on the bill in the waning days of the Congress
this first session.
Let me talk about what the bill does. This bill is simply about
continuing operations for the Federal Government. That is the title of
the legislation. ``Continuing operations'' means getting the Social
Security checks out on time, an almost sacred duty that we have. This
means providing support for our troops and keeping our museums and our
parks open. That is what an increase in the debt limit will allow.
Simply stated, this is about bills that have already been incurred.
Now, I will, during my time here, resist the temptation to become
overly partisan and speak specifically to the issue that is in front of
us until there is a misstatement of the facts in opposition.
What this bill does not do is increase or decrease spending. That is
a key consideration. Those decisions have already been made through the
regular order. Let me emphasize the following: This bill does not raise
nor does it cut taxes. That is different legislation. I respect the
opinion of all Members here--who, by the way, my hunch is have been on
all sides of this issue during their time here in the Congress. But we
all desire the same, and that is to bring our budget into balance with
the future. Beyond that, there is broad agreement. But this bill is
simply paying the check after the items have already been ordered. This
bill would raise the limit by $290 billion, which is estimated to allow
the government to operate through February 11 and allow us to adjourn
for the year.
Despite what some might say, the Treasury Department will reach the
current limit on the national debt by December 31, and they have told
us that there is no ability to do extraordinary measures that will,
indeed, stretch that out.
Now, I hope that the offering that I make to resist demagoguery on
this issue will be met. If not, we certainly will have an opportunity
during the course of the next hour to slug it out based upon the facts,
and I hope that we will regard Social Security and veterans bills that
have already been incurred to be paid. We certainly can have moments of
instructions here--we're all indeed prepared for that on all sides--but
I hope that the opportunity to resist the temptation to dismiss the
reality of what we're doing here will be before all of us.
I reserve my time.
Mr. HELLER. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Herger).
Mr. HERGER. Madam Speaker, President Obama and congressional
Democrats have maxed out the national credit card with reckless
spending, and they're back for more.
The American people are tired of overspending and tired of policies
that have done nothing to lift us out of this economic downturn.
Democrats rammed through a so-called stimulus that left us asking:
Where are the jobs? Now congressional Democrats are asking for more
money that they will turn around later this afternoon and spend on
another stimulus bill that spends even more on failed policies.
Madam Speaker, it's time for Congress to say ``no'' to endless debt
that is an albatross around the neck of our Nation's economy and future
generations. Vote ``no'' on this increased debt limit.
Mr. NEAL of Massachusetts. Madam Speaker, I would like to yield to a
voice of fiscal responsibility here in the House, to Mr. Boyd, the
gentleman from Florida, for 2 minutes.
Mr. BOYD. I thank my friend, Mr. Neal, for yielding.
I think all of us here today--certainly in this game of inside
baseball--understand that we have to raise the debt limit. We don't
have a choice to let our Nation go into default on its bonds.
But I do come today to ask you to support it. I come reluctantly. And
I am glad to hear that my friends on both sides of the aisle now are
for fiscal responsibility.
I think many of us over here have been saying for years--particularly
for the last 8, 9 years--that policies that we were pursuing starting
in 2001 of spending more than we were taking in on an annual basis had
to stop. We found ourselves in pretty good shape in 2001, and then we
changed the policies, and you know the rest of the story, the history
of that.
Many of us have been working all during that 8-year period to try to
reinstall the tools that we could use to return fiscal discipline to
our government: the tools such as pay-as-you-go rules, something that
we had in place in the 1990s that was allowed to expire by the Congress
and the administration in 2002; discretionary spending limit.
There are lots of tools that can be used, but in the last 9 years,
this Congress and the administrations have rejected those tools, and
it's time for us to put those back into place.
We don't have the will here at the United States Congress to
discipline ourselves. I think both parties have proven that over the
years. So we have to come back with those tools such as pay-as-you-go,
discretionary spending caps, sequestration, whatever it takes. There's
a good idea floating around on both sides of the Capitol here. It's
called the SAFE Commission.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NEAL of Massachusetts. I yield the gentleman an additional 1
minute.
Mr. BOYD. So what we're trying to do here is hit the pause button for
less than 60 days, and we will move forward, break for the Christmas
holiday, and then come back, and we have to focus on this issue of
fiscal responsibility.
I have said to my party leaders, as I have said to the other party
leaders over the last 8 years, we have to look beyond the ends of our
nose and we have to focus on fiscal responsibility. And the first step
we have to do is keep our country from going into default on its bonds.
And then we have to move forward to reinstall such tools as PAYGO,
commissions, whatever it takes to get us focused on getting our
government back to the point of acting in a responsible way for fiscal
matters.
Mr. HERGER. Madam Speaker, I yield 3 minutes to the Republican
Conference Chair, the gentleman from Indiana (Mr. Pence).
Mr. PENCE. I thank the gentleman for yielding.
I rise today in opposition to H.R. 4314. It is a bill that will
increase the statutory limit on the national debt by $290 billion.
Now, my distinguished colleague and friend just called that ``hitting
the pause button,'' and that was evidence of his characteristic candor,
because as everybody in this body knows, this $290 billion increase in
the statutory limit on the national debt is simply a down payment on
the nearly $2 trillion increase in the national debt that this
Democratic majority intends to move in this Congress after the first of
the year.
Increasing the national debt. You know, it's moments like this that I
have really got to say that the American people have had it. I mean, at
a time of economic difficulty for working families, small businesses,
and family farmers all across this country, a time when families are
sitting down at kitchen tables, huddled around aluminum desks in small
businesses, in basements with fluorescent lights hanging, they're
figuring out where to cut back. They're figuring out what expenses to
put off. They're just figuring out how to make it from one month to the
next.
And those families and those small businesses don't have the ability
to walk down to the bank and just increase their debt limit with the
wave of the hand. I mean, they have got to make hard choices. And to
their undying credit, the American people are making those hard
choices. And the reason they're so frustrated looking at Washington,
D.C., today is because they see a national government that is
completely out of step with the character and the values and the
sacrifice that the American people are practicing every day--not that
it's anything new.
As the distinguished chairman just said a few moments ago, when
Republicans were in control, we did our share of spending and
overspending. Republicans doubled the national debt in the
[[Page 32473]]
8 years of the last administration. But this Democratic majority just
passed a budget that will double the national debt in the next 5 years
and triple it in 10.
{time} 1430
After 3 years of Democratic control in the House, the national debt
has increased by 39 percent. The national deficit hit a record of $1.4
trillion. In this fiscal year, it's expected to reach a new record of
$1.8 trillion. Millions of Americans are asking, Madam Speaker, when
will it stop? When will Washington get the message that we can't
borrow, spend and bail our way back to a growing America, that we've
got to begin, Republicans and Democrats, to practice what we so love to
preach when we are home: fiscal discipline, fiscal responsibility? And
then we come here right before the Christmas break on the day we are
probably headed out of this building, and we're going to pass a $290
billion increase in the statutory limit on the national debt.
The American people don't want more debt for Christmas. This Congress
ought to be sticking around, making the hard choices, reducing the size
and scope of government and reforming these entitlements. Do the work
the way the American people are doing the work, so help us, God.
Mr. NEAL of Massachusetts. Madam Speaker, before I come to my
friend's comments, I want to yield myself such time as I might consume.
Madam Speaker, I spoke with Chairman Rangel earlier, and it is our
intention, as we did this month in passing the Tax Extenders Act of
2009, to make sure that those provisions hold. That bill contains a 1-
year extension of dozens of important expiring provisions, including
the popular R&D credit, the sales tax deduction and the college tuition
deduction, among many others.
We are now hearing the Senate may not take up this provision, or
provisions, and pass the bill before they expire on December 31. It is
our intention to insist upon the House position and to work to ensure
that our bill providing a seamless extension of these tax benefits will
be enacted as soon as possible in the new year.
These provisions are crucial for both American business and
individual taxpayers, and I am pleased that we were able to get the
House to pass this bill before the year concluded, but it is
disappointing that the other body will not be able to take it up this
year. It is our goal, however, to ensure that this bill will provide a
seamless extension when enacted based upon the House measure.
Madam Speaker, I want to thank Mr. Pence because I thought that the
tone of what he offered was entirely reasonable because he didn't pass
out partisan blame in the instance that brings us here at this time.
But a gentle reminder, I don't know how you could have voted for the
war in Iraq and not vote now to pay the bill, because that's part of
what we are being asked to do today. I understand how difficult this
is, why it causes heartburn. But having said that, how can you say that
you were willing to commit 160,000 soldiers to Iraq, and when the bill
comes due, not pay it? That essentially is the argument that is in
front of us today.
And I understand the arguments about those American families who are
having a difficult time as we proceed to this holiday season, and we
want to be as helpful to them as we can. And as they gather around the
kitchen table to talk about the problems they have, we understand that
we want to provide as much support for them as we can. But let's not
forget the Social Security recipients who are currently sitting around
the table as they watch this debate, wondering if their checks are
going to be mailed to them on time at the first of the year.
With that, I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield such time as he may consume to the
ranking member of Ways and Means, the gentleman from Michigan (Mr.
Camp).
Mr. CAMP. I thank the gentleman from Nevada for yielding, and also I
want to thank him for his leadership on the Ways and Means Committee
this year.
The bill before us is a candid admission by the majority that their
tax, borrow, and spend ways have driven America deeper and deeper into
debt. In fact, because of the failed trillion-dollar stimulus spending
bill, America's unemployment is higher than predicted and revenues are
lower. But that hasn't stopped the majority from continuing to spend,
spend, spend.
Just last week, the majority rolled six major spending bills into one
omnibus bill that increased, on average, Federal spending by 11
percent. Now, the bill before us asks us to increase the debt limit
another $290 billion. The American people are asking: where are the
jobs? But all they have been shown is more deficits and more debt.
Let's be honest with the American people. It really isn't $290
billion the majority wants to increase the debt limit by. It's more
like $1.8 trillion. In a few short months, we'll be right back here
voting on another bill to increase the debt limit, probably by another
$1.5 trillion.
At the end of 2007, the public debt equaled 65 percent of our gross
domestic product, or GDP. By the end of 2009, the figure will exceed 83
percent, and according to President Obama's own budget projections, it
will exceed 100 percent of gross domestic product by 2011. Think about
it: at the rate the majority is spending, the Federal debt in 2011 will
exceed the value of all goods and services produced by the economy that
year.
This isn't just a Democrat or a Republican problem. It's a huge
problem for every single American. It threatens our economic recovery
and our future prosperity. So let's remember the words of then-Senator
Obama in 2006 who warned of the dangers of raising the debt limit
without addressing the underlying cause. Here is what he said: ``The
fact that we are here today to debate raising America's debt limit is a
sign of leadership failure. It is a sign that the U.S. Government can't
pay its own bills. It is a sign that we now depend on ongoing financial
assistance from foreign countries to finance our government's reckless
fiscal policies.
``Increasing America's debt weakens us domestically and
internationally. Leadership means `that the buck stops here.' Instead,
Washington is shifting the burden of bad choices today onto the backs
of our children and grandchildren. America has a debt problem and a
failure of leadership. Americans deserve better.''
Americans do indeed deserve better than what they have received this
year. But rather than heed that warning, Appropriations Committee
Chairman Obey recently said: ``We don't really have a choice. The
bill's already been run up; the credit card has already been used. When
you get the bill in the mail, you need to pay it.''
The gentleman from Wisconsin was correct: the credit card has been
used. But this legislation doesn't pay the bill. It doesn't even make
the minimum monthly payment. It simply asks for more credit.
After going on a $1.4 trillion deficit spending binge and maxing out
the taxpayers' credit cards, Democrats are now asking to increase the
credit limit. We should not be asking for more credit. We should be
developing a plan to control Federal spending so that future
generations are not trapped under this mountain of debt.
Until we see a plan to actually address this underlying problem, as
then-Senator Obama warned we must, I cannot, in good conscience, vote
for this legislation.
I urge my colleagues to vote ``no.''
Mr. NEAL of Massachusetts. Madam Speaker, at this time, I would like
to yield 4 minutes to my friend, the gentleman from Tennessee (Mr.
Tanner) who was my classmate here 21 years ago and is, in my judgment,
as thoughtful as any Member of this House on the issues of the national
debt.
Mr. TANNER. Thank you, Mr. Neal.
Madam Speaker, what we are seeing today is the culmination of a
decade-long mismanagement of our Nation's finances. In the year 2000,
the revenue and expenditure stream coming to Washington were both
around 19 percent of gross domestic product. In
[[Page 32474]]
other words, we were breaking even. The second worse thing that
happened in 2001 after, of course, 9/11 happened, in February when the
Congressional Budget Office said that their forecast would be a $5
trillion surplus over the next 10 years. People around here became
euphoric. We are filthy rich. We can cut taxes. We can do everything,
and we are going to be fine. In fact, the first Bush Secretary of the
Treasury came before the Ways and Means Committee and said he was
concerned that we would pay off the national debt so quickly that we
would have to pay a premium to get our paper back.
Well, in June of 2001, we embarked on a new economic game plan for
this country. Two and a half months later, 9/11, every assumption that
went into the conclusion there would be a $5 trillion surplus over the
next 10 years was no longer valid. But what did Congress do? Kept right
on going. By 2003, if you look at the Treasury records, by 2003, income
coming into Washington was down to 16.3 percent of gross domestic
product, and expenditures were over 20 percent because we had gone to
war in Afghanistan and Iraq, among other reasons.
What did we do? We borrowed the gap. We started borrowing in 2002, -
3, -4, -5, a decade-long mismanagement by both parties. And for the
people who just last week stripped out to pay for and added another $70
billion on a motion to recommit and to talk about debt and deficits
now, when they ought to be trying to help us, what we're doing, as
Allen Boyd said earlier, we're putting the pause button on this.
We must have statutory PAYGO that was allowed to lapse in 2002 so
that you didn't have to pay for anything. You could just blithely pass
tax cuts, increase spending and borrow the difference, because do you
know something? The people we're borrowing it from aren't here. They
don't have a vote.
I remember one time he said, will you vote for a supermajority to
raise taxes? I said, no. There's plenty of pressure in the system not
to raise taxes. I will vote not to borrow money because there's nobody
here protesting what we're doing to the children of this country and
the children yet to be born here.
And so, Madam Speaker, it's the responsible thing to do today. But I
tell you, this is very short term, like 60 days. When we come back,
we've got to insist on a commission or on a statutory PAYGO, on
something to break this business-as-usual gridlock that has been going
on here this entire decade.
And I defy anybody to argue honestly that it is not a decade-old
problem. The last time we broke even, basically, was the fiscal year
2001. And so we have to do this; but when we get back here, when the
final chapter is written of this book, I hope we have the ability to
come together, and we need the help, we need the help of the
Republicans to help us put in statutory PAYGO and the commission, some
of these things that will do it.
The problem is not what we're doing. We have a structural deficit.
Income right now is about 17\1/2\ percent of gross domestic product.
Expenditures are over 20.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NEAL of Massachusetts. I yield the gentleman 2 additional
minutes.
Mr. TANNER. It's a structural deficit. When one considers that Social
Security, Medicare, Medicaid, interest on the debt and the national
defense account for 85 cents out of every dollar, you can't cut enough
out of the 15 percent to take care of this problem. It's not what we're
doing. It's not what we're spending. It's what we're not doing, and
that is we are not addressing the structural deficit.
And the only way we are going to get at that is through either
statutory PAYGO or an entitlement commission, and hopefully both. It's
not what we're doing, it's what we're not doing, and it is a decade-old
problem that is getting worse every year. And until this Congress can
come together, Democrats and Republicans, what we have around here is
too many Republican Americans or too many Democratic Americans instead
of American Democrats and American Republicans.
I'm telling you, the time is now for American Democrats and American
Republicans to get together over the next 60 days and figure out what
we're going to do, because we are on an unsustainable financial course.
Mr. HELLER. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Texas, a colleague of mine on Ways and Means, Mr. Brady.
Mr. BRADY of Texas. Madam Speaker, it is interesting to hear our
Democrat friend's newfound interest in paying for the war. That hasn't
always been the case. Here is what the current majority leader said on
this House floor in 2004 when the debt limit was proposed to be raised
and we were at war. What now-majority leader Mr. Hoyer said: raising
the debt limit is immoral. Its disastrous consequence has threatened to
cripple our future prosperity and haunt future generations. He said
this policy of borrow and spend is not only irresponsible, it is
immoral, and it must stop. We are literally mortgaging our future.
These are their words, not ours.
The truth of the matter is, what we are voting on today is a down
payment, a two-step, $2 trillion increase in our debt, two-step, $2
trillion increase in our debt. And what it means for American families
is that the day Nancy Pelosi took the gavel to become Speaker of this
House, every man, woman and child in America owed $29,000 in debt.
Today, as a result of this vote and next year's debt limit, every
person in America will owe $45,000 in public debt.
{time} 1445
Three years, we've increased to $45,000 in public debt. It is
responsible to pay our bills; it's irresponsible to keep going into
debt and asking for more credit while we do it. It's time to stop
spending.
Mr. NEAL of Massachusetts. Madam Speaker, I yield 3 minutes to my
friend, the gentleman from New Jersey (Mr. Andrews).
Mr. ANDREWS. I thank my friend for yielding.
A tired old tradition is being carried out on the House floor today.
When it comes time to extend the national debt ceiling, the Members in
the minority get up and express outrage, and enough Members in the
majority get up and show responsibility and vote to do what needs to be
done to pay the Nation's bills.
Madam Speaker, I know a lot of people watching this are scratching
their heads and saying, how did we get to such a terrible predicament?
Whose fault is it? And I think they're tired of hearing whose fault it
is because, frankly, when the other side is in the majority, we say
it's their fault; when they're in the minority, they say it's our
fault.
I think a history lesson is in order. In 2001, as Mr. Tanner said, we
were looking at a projected $5 trillion surplus over the decade that
we're now closing out. We're going to take in $5 trillion more than we
spent. There were three things that happened in that decade that
injured that prospect. The first was horrific, unavoidable, and the
fault of no one in this room; it was the terrorist attack on the
country on September 11, 2001, which had and still has negative
economic consequences as well as security consequences for the country.
The second thing that happened, in my view, is that two disastrous
choices were made. The first was to launch two wars by borrowing the
money to pay for those wars in Iraq and in Afghanistan. We certainly
can disagree--and we have around here a lot--as to whether or not those
wars were or were not in the national interest, but I think we should
have understood that it was absolutely not in the national interest to
defy historic tradition and finance those wars by borrowing money,
unlike more responsible predecessors of ours had done in other times.
The second disastrous decision was a tax cut, a huge majority of
which benefited the wealthiest 5 or 10 percent of people in this
country. That created a mountain of debt that shifted us from a
projected $5 trillion surplus to a projected deficit instead.
[[Page 32475]]
Then followed the financial meltdown of the fall of 2008. The
Treasury Secretary told us in no uncertain terms that he felt that we
were perhaps a few days away from the collapse of the global economy.
So to this floor came a $700 billion bailout bill for the banking
industry, and a lot of Members on both sides voted for it. I think it
was the right vote because I do think it staved off that calamity from
happening, and that added to the national debt. And yes, there were
decisions made since the new administration came in to do the stimulus
bill in a way that was not paid for.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NEAL of Massachusetts. Madam Speaker, I yield the gentleman from
New Jersey 1 additional minute.
Mr. ANDREWS. And I know there is disagreement over whether that was
the right thing to do. I think it was absolutely the right thing to do
because it stimulated between 600,000 and 1.6 million jobs thus far
being saved or created.
Let me say this to you: irrespective of how you recount the history
as to how we got here, here we are. And to deal with this problem it
seems to me there are three inescapable things we have to do. The first
is to get entitlement spending under control. Frankly, our side
believes the health care reform bill does exactly that, and the
Congressional Budget Office would concur--nearly $500 billion in
entitlement reductions over a 10-year period. Second, you have to get
revenue back on track. Our budget calls for a repeal of the tax
reductions for those that are in the top 5 percent or so of the
country. I think that is the responsible thing to do. No one on the
other side voted for that. And finally, we have to stop spending $300
or $400 billion a year to buy oil from other parts of the world. We had
legislation here that would put us on that path and build American
jobs. Almost no one--single digits--on the other side voted for that.
So this is the day when the minority expresses outrage. There ought
to be some other days when the minority expresses some ideas, some
plans on how to fix the problem.
Vote ``yes.''
Mr. HELLER. Madam Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Bartlett).
Mr. BARTLETT. Madam Speaker, during the Clinton administration,
Washington was telling America that we had a budget surplus and we were
paying down the debt. Now, while we were telling America that, we had
the embarrassing necessity of raising the debt limit ceiling. Why would
you have to raise the debt limit ceiling if you're paying down the
debt? Surprise, surprise; Washington was not being truthful.
What we were doing was taking money from lockboxes, surplus trust
fund moneys, Social Security and Medicare, and paying down the public
debt--one more dollar of debt in the trust funds, one less dollar of
debt in the public debt. That did nothing to reduce the national debt.
And we had other trust fund surpluses for which there was no lockbox.
We happily took and spent that money. If we kept our books on the
accrual method, there never was a moment in time when we, in fact,
reduced the national debt.
Now, talking about accounting methods, our government keeps Enron
kind of books. If we kept our books the way we force all but the
smallest businesses to keep their books, using the accrual method, we
would be showing about $60 trillion in debt. That's $200,000 in debt
for every man, woman, and child. Clearly, clearly unmanageable.
We should be ashamed that we're here today talking about raising the
debt limit ceiling once again. We should be here debating how we're
going to balance the budget and then pay down the debt, because I have
10 kids, 17 grandkids, and two great-grandkids, and we have already
mortgaged their future. We don't need to do anymore.
Mr. NEAL of Massachusetts. Madam Speaker, I yield 2 minutes to the
distinguished chairman of the Ways and Means Committee, the gentleman
from New York (Mr. Rangel).
Mr. RANGEL. Let me first thank Chairman Neal for the great job that
he has done over the years in terms of presenting legislation that is
so sorely needed in this House. And let me speculate in terms of how
far is it going to go that we are going to have this partisanship in
the House of Representatives.
You know, we have a saying that once we're overseas, we leave the
Democratic label and the Republican label behind us. But believe me,
the flag and the credibility of the United States' credit is on the
line. And whether it's the Chinese, the Japanese, or the European
Union, it seems to me that the pride that we once had in terms of being
the leader of the world, not only in fiscal policy, but in foreign
policy, is on the line.
No one out there in our communities is going to look at this as a
Republican issue or a Democratic issue. They're going to look at it as
an American issue. And they're going to look at the Congress. Why?
Because we have the full faith and credit of the United States of
America in our hand. People have political problems with raising the
debt limit, but our country has fiscal problems. And Treasury has
assured us, as he has the minority, that they don't have these fiscal
gimmicks in order to play around with it.
I know a lot of people know it's going to pass, and so, therefore,
they're not going to vote for it. But somebody--maybe our kids and
grandkids--is going to ask, Did the United States of America ever
forfeit and didn't pay its debts? And some historian teacher will say,
yes, they did. And they will want to know what Congress did it, and who
did it; they're not going to ask whether you're a Democrat or
Republican.
So we've got plenty of time to fight--we have at least a year. But,
please, when the credibility of the United States of America is on the
line, don't ask which side you're on; be with your country.
Mr. HELLER. Madam Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. I thank the gentleman.
Madam Speaker, I rise today in opposition to H.R. 4314, which,
according to the majority, ``permits continued funding for government
operations.'' That sure sounds a lot better than H.R. 4314, a bill to
borrow another $300 billion from China. Or we could also entitle it,
H.R. 4314, a license to keep spending like a teenager with a credit
card.
Madam Speaker, the United States is already paying $250 billion per
year in interest payments alone on the debt. We are paying more for
that interest by borrowing more. That just doesn't make sense.
The argument that we have already spent the money, and when the bill
comes in the mail we have to pay it, is misleading. Every American with
a maxed out credit card would love to be able to pay his bills by
simply raising his limit. That is what we're doing here today, ladies
and gentlemen. That includes the 15 million unemployed Americans who
are still wondering when the so-called stimulus is going to create or
save their jobs.
I urge my colleagues to vote against more borrowing and to certainly
vote against this bill. America does not want more debt.
Mr. NEAL of Massachusetts. Madam Speaker, might I inquire as to how
much time remains on both sides?
The SPEAKER pro tempore. The gentleman from Massachusetts controls 9
minutes; the gentleman from Nevada controls 16 minutes.
Mr. NEAL of Massachusetts. I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Hensarling).
Mr. HENSARLING. Madam Speaker, never in history have so few acted so
fast to indebt so many. Since the Democrats have taken control of
Congress, this is the fifth time that they have come here to raise the
debt ceiling--today, $290 billion more.
Under their watch, the national debt has increased $3.4 trillion, or
almost $30,000 for every household in America. Under their fiscal
policies, we now have a $1.4 trillion deficit, our Nation's first. They
passed a budget that will triple
[[Page 32476]]
the national debt in just 10 years, and they are causing us to borrow
40 cents on the dollar from the Chinese and send the bill to our
children and grandchildren.
Now, when Republicans controlled this body and the deficit was $300
billion and falling, the now-majority leader said, ``That's fiscal
child abuse,'' and the now-Speaker called it ``immoral.'' And now under
their watch it's five times greater, and all we hear is a chorus of
``que sera, sera.''
It's Christmastime, and the Democrats give us $290 billion more of
debt. Merry Christmas.
Mr. NEAL of Massachusetts. Madam Speaker, I yield 2 minutes to my
friend, the gentleman from New York, a voice of good sense on the
issues of debt, Mr. Crowley.
Mr. CROWLEY. I thank my good friend from Massachusetts for yielding
me the time.
The Republicans keep claiming that Federal spending and deficits are
growing under the Democrats, but let's look at the facts.
Republican Conference Chairman Mike Pence said just a few minutes ago
that they, the Republicans, doubled the national debt in 8 years to
almost $12 trillion. And you know what? Mike is right. About an hour or
so ago Republican Jeff Flake said spending was out of control when
Republicans were in charge of Congress and the White House. And you
know what? He was right as well. And the funny thing, when President
George Bush was voted into office he inherited a multi-trillion dollar
surplus of funds from President Clinton and the Democrats. So the party
who borrowed and spent and squandered surpluses is now standing in the
way of moving forward in the right path.
The very Republicans who refused to run the country like our
constituents have to run their households--buying only what they can
afford--are opposed to legislation that will ensure all new spending
and tax cuts are paid for. This would prevent us from adding to the
deficit, yet Republicans are opposed, arguing they should be allowed to
tax and borrow from the Chinese at will, but only for their priorities.
So the hangover from President Bush and Republican control of
Congress still lingers. It was Republicans who pushed a $700 billion
bailout package for the banks, a package that Democrats and President
Obama are demanding be paid back--and with interest--from those very
same banks. Then we had tax cuts for the wealthiest in America, with no
assistance to the middle class, and then a refusal to fund the wars in
Afghanistan and Iraq. Democrats are correcting these disastrous
decisions by our Republican colleagues.
The only thing more galling than the inaccuracy and denial of the
Republicans of their own records and votes is their hypocrisy on this
issue of their own out-of-control spending and legacy of deficits.
{time} 1500
Mr. HELLER. I yield 1 minute to the gentleman from Louisiana (Mr.
Scalise).
Mr. SCALISE. I want to thank the gentleman from Nevada for yielding.
Madam Speaker, this is my congressional voting card. Unfortunately,
some of the liberals running this Congress think that this is a credit
card that has an unlimited balance. Today, they stand before us, trying
to add another $290 billion of limit onto their credit cards because
they have maxed out the previous at $12 trillion. The American people
are saying enough is enough. They want us to cap the debt, and we need
to.
We filed legislation that has over 70 cosponsors that would do just
that--that would cap the debt and say now let's start paying it down.
The first rule of hole says, when you find yourself in a hole, the
first thing you do is stop digging. The American people are saying stop
the massive spending. Stop adding to our debt. Stop throwing more and
more spending and debt onto the backs of our children and our
grandchildren. Let's rein in fiscal irresponsibility.
That's why we are opposing this legislation. We proposed responsible
alternatives like the CAP the DEBT Act. Of course, they don't want to
bring it up because all they want to do is walk around here, thinking
that they're Santa Claus at Christmastime, borrowing more money and
spending more money that we don't have.
Mr. NEAL of Massachusetts. Madam Speaker, I will remind the gentleman
it wasn't a liberal sitting in the White House who decided to invade
Iraq for which the costs have now come due.
I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield 2 minutes to a friend of mine, a
colleague on the Ways and Means Committee, the gentleman from Illinois
(Mr. Roskam).
Mr. ROSKAM. I thank the gentleman for yielding.
Madam Speaker, it is the holiday season, and the majority is saying,
Cheers.
Here we are, and it's really been an unbelievable party, hasn't it? I
mean here we are, and you have all of these folks who have come
together, doubling the national debt, as was described, over a 5-year
period. The majority will now triple the national debt, and it is as if
all they can do is keep serving. No discipline. Hey, cheers. Here you
go. Enjoy. Well, here is what happens at the end of that binge. Here is
what happens at the end of that kegger:
Ultimately, the old man drives up into the driveway and looks around,
and the party is going to be over. Who is going to be there to clean it
up? Our children and our grandchildren, Madam Speaker. They are the
ones who will be there, taking care of this mess over a long period of
time.
So we ought not be continuing serving a government that has been
overserved time and time and time again. Instead, what we ought to do
is avoid the generational theft, do what is right by our children and
grandchildren and not increase this debt.
Mr. NEAL of Massachusetts. I yield myself 1 minute.
Madam Speaker, this is not a cheery time for the American people.
This is a very difficult time. A reminder: The legislation in front of
us now is to pay for the war in Iraq, to pay for the war in
Afghanistan, to pay for our veterans' hospitals, and to pay for next
month's Social Security recipients to receive their checks on time.
I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Texas (Mr. Gohmert).
Mr. GOHMERT. Madam Speaker, we were asked: How can we vote to have
troops go to Iraq and not be willing to pay for them?
Well, the problem is we keep having things added to the bills that
will pay for these things. We keep adding things like Gitmo language,
like we're going to move the people from Gitmo and spend tens or
hundreds of millions of dollars unnecessarily just to make some
political point.
We hear people across the aisle say, Gee. You know, we can't afford
to lose respect around the world if we forfeit on the debt. Don't
forfeit on the debt. You don't gain respect when you keep calling the
credit card company and saying, I know I'm not making any payments, but
if you'll just keep increasing my debt limit, I know you'll have more
respect for me. No, that's not how it works.
We are told across the aisle we have no solutions. Go look at the
bills that are waiting to come to the floor. I've got a zero baseline
budget that doesn't allow the automatic increases. That would make a
huge contribution, and we could bring down the debt. Yet there are no
indications, nothing to indicate that the spending is going to be
controlled. It is outrageous what we are doing to future generations.
Any parent who would go in and tell the bank, Keep loaning to me, and I
promise my kids will repay it, would be considered an unfit parent.
Yes, the people in America were promised change. What they have
gotten is exponentially more spending than Republicans had done before.
It's time for a change. Stop spending. Vote this down.
Mr. NEAL of Massachusetts. I yield myself 30 seconds.
Madam Speaker, the war in Iraq is going to cost more than $1
trillion. The
[[Page 32477]]
VA hospital commitment that we are going to make for the next 30 years
to our well-deserving veterans is going to cost an additional $1
trillion. That is the issue that is before us this afternoon.
I reserve the balance of my time.
Mr. HELLER. Madam Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Burton).
Mr. BURTON of Indiana. I thank the gentleman for yielding.
Madam Speaker, I was just thinking about the people back home who may
be watching this. They hear the Democrats blaming the Republicans for
all of these things that are costing so much money, and that's the
reason we have to raise the national debt. You know, I looked at a $1.4
trillion deficit last year, and we're already ahead of that this year.
We are not in charge. You folks are.
The health care bill that you're trying to ram through is going to
cost $1 trillion to $3 trillion, and the stimulus bill is going to cost
over $1 trillion when you add interest.
The bottom line is we have got to stop spending. We are spending too
much money. Whether you are a Democrat or a Republican, the American
people back home are saying, Get your house in order. Quit spending so
much money. Live within your means like we have to.
We have 10 percent unemployment right now, and the people back home
don't want us wasting money that will end up resulting in our having to
raise taxes, which we don't want to do and which I won't vote for, and
end up resulting in inflation, which is going to be hung on our kids in
the future. So we have to quit spending instead of just raising the
debt.
Mr. NEAL of Massachusetts. Madam Speaker, I reserve the balance of my
time.
Mr. HELLER. Madam Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Stearns).
Mr. STEARNS. Madam Speaker, let me say to my colleague from
Massachusetts that he and I came in together. Back in 1988, we were
both elected, and he and I served in the same class together. As I
recollect, he was mayor of Springfield.
You balanced your budget as mayor. You had to balance your budget.
Now, we've been up here trying to balance the budget, you and I, for
almost 21 years. It has not been successful. I supported a balanced
budget--both a constitutional amendment as well as a legislative
balanced budget. I don't believe you or your colleagues did. I say this
because, frankly, we have been talking about deficit as long as you and
I have been in Congress. We can blame Republicans. We can blame
Democrats, but let's just look at the record for a second.
When you and I came in under Bush I, do you remember those deficits?
They talked about $250 billion, and we just lamented about it and
lamented about it, and we complained about it. Well, you know, that's
what happened. It has exploded. So now we're looking at deficits that
are a lot larger, as my colleague mentioned, $1.4 trillion.
When you look at Bush II, George W. Bush, he had deficits of $600
billion. I remember the folks on that side were complaining about how
terrible that was at $600 billion.
Well, the problem is now we're talking almost two, three times that
amount of money. Actually, when you go back and look at when Ronald
Reagan was President, critics called great criticism to him. They said
the deficit was out of control in this country. The deficits were about
$250 billion. So the point I am trying to make is that the deficit
under Republican Presidents and even under Republican control of the
House and the Senate and the White House was small, very small, to what
we have today.
You can say that there is good reason for this vote today because you
support our troops and our wars, and you also support veterans. I think
that's true. Yet there has been no effort by your side to hold the
appropriations bill.
I have been on the House floor, and I say to my colleague, your
appropriations bills are 13 percent larger than last year's. Almost
every one of them was 13, 18--One was almost 20 percent. How in the
world can you justify appropriations bills that are so large?
So in the end, Democrats are not trying to reduce costs nor balance
the budget. In fact, they are recklessly encouraging more government
spending. That is why they need to increase the debt ceiling.
Mr. NEAL of Massachusetts. Mr. Stearns is, indeed, my friend, and we
are classmates.
Madam Speaker, he conveniently left out those 4 years when Bill
Clinton left a balanced budget to America, when the deficits were
eliminated and when the debt was coming down. That's the key
consideration here as we begin this debate. Indeed, this is about
paying for our veterans' hospitals, paying for the war in Iraq, paying
for the war in Afghanistan, and making sure that those Social Security
checks get out on January 1.
Mr. HELLER. Madam Speaker, may I inquire as to the time remaining on
both sides?
The SPEAKER pro tempore. The gentleman from Nevada controls 8\1/2\
minutes, and the gentleman from Massachusetts controls 5\3/4\ minutes.
Mr. HELLER. Madam Speaker, I yield 2 minutes to the Republican policy
Chair, the gentleman from Michigan (Mr. McCotter).
Mr. McCOTTER. I thank the gentleman.
Madam Speaker, a quick point that was raised by our esteemed
colleague from Massachusetts about how President Clinton left 4 years
of balanced budgets: It was with the assistance of a Republican
majority in the Congress, which is an exceptional precedent, you'll
remember, as we head to the polls in 2010.
As we address this issue of raising the debt ceiling, let us be
charitable in this, the giving season. Let us recall that, as the
Democratic Party's argument today is ``the same but more,'' let us look
at what they have tried to give the American people over the course of
the past year for stocking stuffers.
First, Americans got higher unemployment, higher spending, higher
deficits, and higher taxes.
Secondly, senior citizens got a $500 billion cut in Medicare.
Terrorists got new rights, new trials, and new cells on American soil,
and Federal Government bureaucrats got raises.
I think that we should question our priorities and the direction in
which we are taking ourselves before we decide to spend more money on
this. It strikes me that it is very justifiable for the American people
to watch this debate, to watch the debt ceiling be raised, and to come
to the distinct conclusion that the Democratic majority in Congress has
proven itself too costly and too crazy too quickly.
Mr. NEAL of Massachusetts. Madam Speaker, I reserve the balance of my
time.
Mr. HELLER. Madam Speaker, I yield 1 minute to the gentleman from
Utah (Mr. Chaffetz).
Mr. CHAFFETZ. I thank the gentleman.
Madam Speaker, I am a freshman in this body. I didn't help create
this mess, but I am here to help clean it up. The fact of the matter is
we have to spend less than we are spending now. We have to be
responsible stewards of the American people's money.
We are $12 trillion in debt. Remember, if you spend $1 million a day
every day, it would take you nearly 3,000 years just to get to $1
trillion, and we are $12 trillion in debt. When is this body going to
say no?
This body is not making difficult decisions. I am sorry, but the
Democrats in control have refused to find a solution to things that
don't cost literally hundreds of billions of dollars every time we turn
around. We can't be all things to all people. We have to learn to say
``no.'' At what point will there actually be a cap? At what point will
there actually be a ceiling? We see no hope on the horizon for that.
We have got to be responsible stewards of the American people's
money. We cannot be all things to all people. We are spending nearly
$600 million a day just in interest on our debt.
General Leave
Mr. NEAL of Massachusetts. Madam Speaker, I ask unanimous consent
that all Members may have 5 legislative
[[Page 32478]]
days in which to revise and extend their remarks and to include
extraneous material on H.R. 4314.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
____________________
CALL OF THE HOUSE
Mr. NEAL of Massachusetts. Madam Speaker, pursuant to clause 7 of
rule XX, I move a call of the House.
The SPEAKER pro tempore. The previous question being ordered, the
Chair notes the absence of a quorum in accord with clause 7(c) of rule
XX and chooses to entertain a motion for a call of the House pursuant
to clause 7(b) of rule XX.
A call of the House was ordered.
The call was taken by electronic device, and the following Members
responded to their names:
[Roll No. 987]
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the call). There are 2 minutes
remaining.
{time} 1548
The SPEAKER pro tempore. 415 Members have recorded their presence. A
quorum is present.
____________________
PERMITTING CONTINUED FINANCING OF GOVERNMENT OPERATIONS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Massachusetts.
Mr. NEAL of Massachusetts. Madam Speaker, I would like to reserve the
balance of my time.
Mr. HELLER. Madam Speaker, I yield 1 minute to the Republican leader,
the gentleman from Ohio (Mr. Boehner).
Mr. BOEHNER. My colleagues, there's been a lot of lecturing on the
House floor today from my Democrat colleagues about fiscal
responsibility. And I heard a lot of about fiscal responsibility in
2005 and 2006 when the then-minority wanted to take the majority.
I think it's time for everyone in this room to take their fair share
of blame for the spending that's gone on in this town for far too long.
For 36 of the last 40 years, we've spent more than what we've taken in.
There's not a household in America that could get by with this. There's
not a company in America that could get by with it. And certainly, this
government can't get by with it.
For the last 3 years, the Democrat majority, though, after having run
on this mantra of fiscal responsibility, has done nothing more than
spend, spend, spend and spend. Now, we did our best in 2007 and 2008 to
put the brakes on all that spending, and succeeded somewhat. But after
this year, for you to criticize us about fiscal responsibility and to
lecture us about fiscal responsibility after spending $1 trillion on a
stimulus bill that was supposed to be about creating jobs, and what
have we done? We've created more unemployment. We've not put anyone
back to work. And we're asking our kids and grandkids to pay $1
trillion in principal and interest for a bill that's not doing anything
other than increasing spending.
But what makes this bill that's on the floor here today to increase
the debt limit by $290 billion a real joke is that as soon as this vote
is over, we're going to take up Stimulus II or, as we like to call it,
Son of Stimulus. We're going to take up Son of Stimulus, which is going
to spend $150 billion on the same kind of failed spending programs that
we passed earlier this year.
And what are we going to do? We're going to use that TARP money that
those banks and those financial institutions have paid back. Well,
where'd that money come from? We had to go borrow it. Everybody knows,
everybody that voted for or against TARP in this Chamber, knows that
money was intended to go to pay down the deficit. And to take that $150
billion and spend it on more wasteful Washington spending is putting it
right on the backs of our kids and grandkids. That's going to happen
right after this vote.
[[Page 32479]]
Who are we kidding? We're not kidding anybody. I just think it's time
to put the brakes on all of it. Let's get really serious about cutting
spending. And the way we start is by saying no to increasing the debt
limit.
Mr. NEAL of Massachusetts. Madam Speaker, let me recognize for 1
minute the Majority Leader, the gentleman from Maryland (Mr. Hoyer), a
voice for fiscal reason in this institution.
Mr. HOYER. I thank the gentleman for yielding.
A little over a year ago, Mr. Boehner and I spoke on a bill that I
said would be noted as a day of consequence in the House of
Representatives. That bill was to, at the request of President Bush and
Secretary Paulson and Ben Bernanke, give some $700 billion to the
Treasury to try to stabilize the financial sector of our economy. Mr.
Boehner voted for that. My friend, Mr. Blunt, voted for that. I believe
Mr. Cantor voted for that. Others of you voted for that. And many on
our side voted for that bill. It failed.
And we came back here a few days later, on Friday, and that bill was
called up again. It was called up again because we knew that there
really wasn't an option. Mr. Bernanke, President Bush's appointee as
Chairman of the Federal Reserve, said that we were at risk of going
into a depression if we did not vote for that bill. Nobody wanted to
vote for that bill on either side of the aisle. That was a bill that we
ultimately concluded on that Friday, approximately half of the
Republican side of the aisle, a little more than half on my side of the
aisle, was a bill that we needed to pass to avoid the risk of
depression.
Since that time, over the next 4 months, we saw an erosion in the
economy, not a depression, but the worst recession we had seen in 8
years. Now I have a speech here that we've prepared. I'm not going to
give it because it, to some degree, points the finger at one another.
And I agree with Mr. Boehner. There's blame to go around. We have been
concerned about cutting revenues and increasing spending during the
first part of this decade. You have been concerned about the spending
that we believed was necessary to make to try to create jobs and bring
our economy back.
Mr. Boehner and I disagree on the impact of the Recovery and
Reinvestment Act. Since its passage, the stock market has gone from
6,500 to 10,500. Anybody who opens up their 401(k) or Keogh or Thrift
Savings Plan believes that we've made progress on that because their
value has gone up about 60 percent. That's progress, but not success.
We want to get back to where it was in terms of the value of those
plans.
In addition, in the last month of the Bush administration, we lost
741,000 jobs, after adopting a policy that many believed, on your side
of the aisle, would lift our economy. And, in fact, it did for a while.
But it did not create the kind of jobs you wanted. And, in fact, on
average, over the 8 years of the Bush administration, it produced
approximately 4,200 jobs per month, on average, in comparison with the
216,000 jobs, on average, per month that the Clinton administration saw
during its term.
So we could point fingers, but that would not be particularly useful.
I have listened to this debate, and I am chagrined. And I want to plead
guilty, because I've demagogued this issue as well. We had a quote
presented about the morality of incurring debt. It was taken a little
out of context, but we all say things that we look back on. And I voted
against increasing the debt. It was a demagoguing vote. I voted four
times against raising the debt. It was a demagoguing vote. I want to
admit that and tell people. Why? Because I didn't believe then, nor do
I believe now, that not paying America's bills is an option that
Americans expect of us. Americans expect us to pay our bills. Some
Americans would like us not to incur some bills for war, but if we do
incur bills for war, they would like us to pay for it. Some Americans
would not like us to incur bills for nutritional programs or education
or whatever else may be, too much, too little, but if we do incur those
bills, Americans expect us to pay the bill.
I have a list here of everybody who spoke who was here who voted to
increase the debt limit four times during the time that you were in
charge of the House and of the Presidency. And we didn't support it. My
suspicion is that we will find ourselves in the same place today. You
all are not responsible for the running of the government or the
passing of policy. We are. I understand that. And so my presumption is,
perhaps, to a person, as we did on this side of the aisle, you will
vote against this bill.
And so I say to my friends on this side of the aisle, the American
people have given us a responsibility. The American people have reposed
in us a trust. And this year, in meeting that confidence and trust, we
have taken some very tough votes. One of the things I said that was
quoted that was immoral, that's the quote you used, and if you take out
the whole quote, which a lot of times none of us do, we take the part
of the quote that we like, I said that not to pay for what we buy, and
to jettison PAYGO, was not right.
{time} 1600
One of the reasons that we find ourselves in this position is because
we haven't adopted a statutory PAYGO, and we should adopt statutory
PAYGO. I understand my friends on this side of the aisle are not
clapping. And the reason you're not clapping is because you believe,
correctly, that that will constrain you in effecting tax cuts, because
you believe that cutting taxes does not create debt.
The tragedy is, during the 8 years President Bush was President and
you were in charge--because we couldn't pass any economic policy past
President Bush's budget veto--you incurred $2 trillion of debt as you
cut revenues and increased spending at a greater rate than was
increased under the Clinton administration, and you were in charge of
everything. But Mr. Boehner is correct, my grandchildren and his don't
care whether you did it, we did it, or we did it together.
But my colleagues on this side of the aisle, if we take seriously
that oath to protect and preserve this Nation, there is no one on
either side of the aisle, Republican or Democrat, conservative or
liberal, who will rationalize that America's not paying its debt is a
good policy, because all of us know it is a disastrous policy and that
the consequences of not passing this bill, in the stock market,
globally with our creditors, and, yes, with Mom and Pop running that
store in my town and your town, will be very substantial and
unacceptable.
So we come, as I said on the TARP vote, to a day of consequences. Not
every day is a day of consequence in this House, the people's House. We
vote on suspension bills and post offices and this, that, and the
other. And even the bills that we'll consider next, we'll send it to
the Senate or we won't send it to the Senate, and the world will little
note nor long remember, as Abraham Lincoln said. But if America and its
duly elected Representatives say to the rest of the world, We will not
pay our bills, that will be of consequence.
It is not about pointing fingers. It is about taking responsibility.
It is about showing courage to do what all of us know. Whatever the
rhetoric on this floor has been today, what all of us know is the only
option for a responsible country, for a country that is perceived
around the world as the wealthiest country on the face of the Earth,
and for us to say this day, We will not pay our bills, that the
consequences in January to the person who receives Social Security, the
consequences to the Defense Department--not that they won't pay their
bills. They're going to have to under the emergency clause. But the
fact of the matter is, my friends, this is absolutely essential to do.
Therefore, on my side of the aisle, I ask us to do it. And don't
point fingers at their side if they don't do it, because we didn't do
it. And very frankly, my friends, we have to stop that. We have to stop
it for whoever is in charge, because Americans expect better of us.
I ask you, therefore, as we consider this, we ought to vote on it not
because we agreed with policy A or policy B or
[[Page 32480]]
tax cut Y or tax increase Z, but because we know--and I tell my young
friend who spoke on the floor about fiscal responsibility who is here
for the first time--as we debate these issues on spending and cutting,
that they are legitimate to debate, discuss, and vote however one
believes is necessary.
But in the final analysis, when the roll is called as to whether
America will be a responsible debtor, whether we incurred that debt as
a result of decreasing taxes, which we did, or increased spending,
which we have, it matters not. What matters is that America pays its
bills. Vote for this bill.
Mr. BLUMENAUER. Madam Speaker, I voted for legislation increasing the
debt ceiling that will get us two months into the next year. We are
dealing with the sad consequence of Americans living beyond their means
for the last eight years. Even though I have argued and voted against
these expansions, such as an unfunded and ill-advised war, an unfunded
expansion of Medicare, and tax cuts that were not sustainable, I
nonetheless feel an obligation to increase the debt ceiling so that the
federal government can continue to operate.
This vote allows the government to continue to pay Social Security
benefits, Medicaid and Medicare support, and the salaries of those
serving in our uniformed services.
At a time of continued challenge for the economy, we have higher
demands for countercyclical programs like food stamps, unemployment
benefits and support for state and local infrastructure projects.
Unemployment and the economy would be much worse had we not made the
recovery investment early this year, but even that has not been
sufficient for the economy to fully rebound. It would be the height of
irresponsibility for Congress to shut down the government, especially
while we face these incredible challenges.
In the long run, Congress will have to address comprehensively the
level of government service, the nature of our revenue system, and how
we extract more value from federal investments. It is in this context
that we can constructively address our economic challenges, including
our investments in job creation and reducing the federal deficit. This
has been my top priority in this Congress as in previous sessions and
should be at the top of the congressional agenda as we move forward. In
the meantime, raising the debt ceiling is a critical factor to keep the
economy recovering and the government functioning.
Mr. HOLT. Madam Speaker, I rise today to vote against allowing the
United States to default on its debt, although not otherwise in favor
of increasing the debt ceiling. As my colleagues know, this is the
fourth time we've done that since enactment of the Housing and Economic
Recovery Act in July 2008, just as the economic crisis was exploding
upon us. Although a comprehensive and expeditious response was
necessary, each such increase has represented hundreds of billions of
dollars in additional debt.
In July 2008 Congress increased the debt ceiling by $800 billion. A
mere three months later, in October 2008, the Emergency Economic
Stabilization Act increased the debt ceiling by another $700 billion
all because of President Bush's decision to pursue two wars on borrowed
money Fours months after that, in February 2009, the American Recovery
and Reinvestment Act increased the debt ceiling yet again by $789
billion because of the continued decline of the economy and efforts to
deal with it. And today, we increase it by $290 billion more, to bring
the ceiling to a staggering $12,394,000,000,000. The fact that the
current increase is much smaller than the previous increases is no
consolation, since the Treasury Department has indicated that it will
only cover obligations due until February 11, 2010--a mere two months
from now. Not to mention the fact that the entire debt ceiling was only
about that much--$300 billion--during World War II.
These increases don't come for free--we're mortgaging our future on
them. We have voted to accelerate inflation and increase our long-term
fiscal challenges. Before next February arrives, we must all give
intensive thought to how to return this country to the surplus
conditions in enjoyed in the late 1990s. Between fiscal years 1998 and
2001, the federal government ran at a surplus and the debt ceiling only
increased by $450 billion. The surplus vanished after fiscal year 2001,
and the debt ceiling has increased by more than ten times that amount
($44.66 trillion) since then.
This deficit spending has provided much-needed economic stimulus in a
time of crippling economic recession, and there is no dispute that we
urgently needed to implement such stimulus measures over the course of
the past year. But we are now in recovery, and it is time to get this
economic train back on the right track. I support this increase with no
pleasure, and I look forward to working with all my colleagues to bring
down the debt ceiling as soon as possible.
Mr. LANGEVIN. Madam Speaker, it is with great reservation that I vote
for H.R. 4314, a bill to increase the statutory debt limit by $290
billion. While I am keenly aware of the need for such action to ensure
that the Federal Government doesn't default on its obligations, this
represents a greater problem of borrowing and spending that we must
begin to address now.
There is no doubt in my mind that the actions taken by this Congress
over the past year prevented a serious recession from turning into a
calamitous economic depression. I also know that there are many
families in my State that will require continued support and assistance
as we cope with a 12.9 percent unemployment rate. However, as we
attempt to enact policies that further stimulate the economy and get
people back to work, we cannot lose sight of our fiscal challenges. We
must refocus on deficit reduction and chart a course to a sustainable
budgetary path.
That is why I was pleased to vote for the Statutory Pay-As-You-Go
Act, PAYGO, Act, which passed the House on July 22nd. This bill
reestablishes the same rules enacted in the 1990's which led to record
surpluses, by requiring that new mandatory spending increases or tax
reductions be fully offset. Unfortunately, the Senate has not yet acted
on this measure, but I look forward to working with them and my
colleagues in the House to ensure that we reduce our deficit and debt
obligations as we achieve continued economic stability.
Mr. VAN HOLLEN. Madam Speaker, I rise in support of H.R. 4314, which
will increase the statutory debt limit by an amount sufficient to cover
obligations through February 11, 2010.
As we take concrete steps to bolster our economic recovery while
getting the nation's fiscal house in order, this measure will ensure
the uninterrupted operation of government into the first part of next
year. Insodoing, it affirms the full faith and credit of the United
States, supports job creation and economic growth, and gives the House
and Senate additional time to reach agreement on appropriate budget
targets for the out years. Importantly, this temporary legislation is
also offered alongside the House's twice-expressed commitment to
statutory PAYGO legislation, whose use has been demonstrated to bring
our budgets back into balance over time.
Accordingly, I urge a ``yes'' vote.
Mr. HELLER. Madam Speaker, I yield back the balance of my time.
Mr. NEAL of Massachusetts. Madam Speaker, I urge adoption of the
resolution and yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 976, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. HELLER. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on passage of H.R. 4314 will be followed by a 5-minute vote
on the motion to suspend the rules and pass H.R. 3714, if ordered.
The vote was taken by electronic device, and there were--ayes 218,
noes 214, not voting 3, as follows:
[Roll No. 988]
AYES--218
Abercrombie
Ackerman
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
[[Page 32481]]
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Klein (FL)
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McMahon
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stark
Stupak
Sutton
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--214
Aderholt
Adler (NJ)
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carney
Carter
Cassidy
Castle
Chaffetz
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Driehaus
Duncan
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Grayson
Griffith
Guthrie
Hall (TX)
Halvorson
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hodes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Maffei
Manzullo
Marchant
Markey (CO)
Massa
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy (NY)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Owens
Paul
Paulsen
Pence
Perriello
Peters
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schauer
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Titus
Turner
Upton
Visclosky
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
NOT VOTING--3
Radanovich
Speier
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1625
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
DANIEL PEARL FREEDOM OF THE PRESS ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 3714, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and pass the bill, H.R. 3714, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Ms. DeGETTE. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 403,
noes 12, not voting 19, as follows:
[Roll No. 989]
AYES--403
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boccieri
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilroy
Kind
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
[[Page 32482]]
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Waters
Watson
Watt
Weiner
Welch
Westmoreland
Wexler
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
NOES--12
Barton (TX)
Broun (GA)
Brown-Waite, Ginny
Conaway
Duncan
Foxx
Garrett (NJ)
Gohmert
Lummis
Marchant
McClintock
Paul
NOT VOTING--19
Bishop (UT)
Boehner
Buyer
Jordan (OH)
Kilpatrick (MI)
King (IA)
Lowey
Maffei
Murphy (NY)
Murtha
Peterson
Radanovich
Speier
Titus
Wasserman Schultz
Waxman
Whitfield
Wilson (OH)
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1636
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
The title was amended so as to read: ``A bill to amend the Foreign
Assistance Act of 1961 to include in the Annual Country Reports on
Human Rights Practices information about freedom of the press in
foreign countries, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________
PERSONAL EXPLANATION
Mr. RADANOVICH. Madam Speaker, I was unable to make today's votes on
the House floor due to a family illness. Had I been present I would
have voted as follows:
``Present'' on rollcall vote No. 987, on the Quorum call.
``No'' on rollcall vote No. 988, the motion to adopt H.R. 4314, to
permit continued financing of government operations which is done by
increasing the national debt limit.
``Yes'' on rollcall vote No. 989, to suspend the rules and adopt H.R.
3714, the Daniel Pearl Freedom of the Press Act of 2009.
____________________
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2010
Mr. OBEY. Madam Speaker, pursuant to House Resolution 976, I call up
the bill (H.R. 2847) making appropriations for the Departments of
Commerce and Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2010, and for other purposes, with a Senate
amendment thereto, and offer the motion at the desk.
The SPEAKER pro tempore. The Clerk will report the title of the bill,
designate the Senate amendment, and designate the motion.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2010, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the International
Trade Administration between two points abroad, without
regard to 49 U.S.C. 40118; employment of Americans and aliens
by contract for services; rental of space abroad for periods
not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $455,704,000, to remain available until September
30, 2011, of which $9,439,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That not less than $49,530,000 shall be for Manufacturing and
Services; not less than $43,212,000 shall be for Market
Access and Compliance; not less than $68,290,000 shall be for
the Import Administration; not less than $257,938,000 shall
be for the Trade Promotion and United States and Foreign
Commercial Service; and not less than $27,295,000 shall be
for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard
to section 5412 of the Omnibus Trade and Competitiveness Act
of 1988 (15 U.S.C. 4912); and that for the purpose of this
Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of
these activities: Provided further, That negotiations shall
be conducted within the World Trade Organization to recognize
the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210, to
maintain strong U.S. remedies laws, correct the problem of
overreaching by World Trade Organization Panels and Appellate
Body, and prevent the creation of obligation never negotiated
or expressly agreed to by the United States: Provided
further, That within the amounts appropriated, $1,500,000
shall be used for the projects, and in the amounts, specified
in the table entitled ``Congressionally designated projects''
in the report of the Committee on Appropriations of the
Senate to accompany this Act.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $100,342,000, to remain available until expended, of
which $14,767,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $200,000,000, to remain
available until expended: Provided, That of the amounts
provided, no more than $4,000,000 may be transferred to
``Economic Development Administration, Salaries and
Expenses'' to conduct management oversight and administration
of public works grants.
[[Page 32483]]
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$38,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$31,200,000: Provided, That within the amounts appropriated,
$200,000 shall be used for the projects, and in the amounts,
specified in the table entitled, ``Congressionally designated
projects'' in the report of the Committee on Appropriations
of the Senate to accompany this Act.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $100,600,000, to remain available until September
30, 2011.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $259,024,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$7,065,707,000, to remain available until September 30, 2011:
Provided, That none of the funds provided in this or any
other Act for any fiscal year may be used for the collection
of census data on race identification that does not include
``some other race'' as a category: Provided further, That
from amounts provided herein, funds may be used for
additional promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $19,999,000, to remain available until September 30,
2011: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392
of the Communications Act of 1934, $20,000,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office, $1,930,361,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2010, so as to result in a fiscal year 2010
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2010, should the total
amount of offsetting fee collections be less than
$1,930,361,000, this amount shall be reduced accordingly:
Provided further, That of the amount received in excess of
$1,930,361,000 in fiscal year 2010, in an amount up to
$100,000,000 shall remain until expended: Provided further,
That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2010 for official reception
and representation expenses: Provided further, That of the
amounts provided to the USPTO within this account,
$25,000,000 shall not become available for obligation until
the Director of the USPTO has completed a comprehensive
review of the assumptions behind the patent examiner
expectancy goals and adopted a revised set of expectancy
goals for patent examination: Provided further, That in
fiscal year 2010 from the amounts made available for
``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay: (1) the difference between the percentage
of basic pay contributed by the USPTO and employees under
section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of
that title) of basic pay, of employees subject to subchapter
III of chapter 83 of that title; and (2) the present value of
the otherwise unfunded accruing costs, as determined by the
Office of Personnel Management, of post-retirement life
insurance and post-retirement health benefits coverage for
all USPTO employees, shall be transferred to the Civil
Service Retirement and Disability Fund, the Employees Life
Insurance Fund, and the Employees Health Benefits Fund, as
appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That sections
801, 802, and 803 of division B, Public Law 108-447 shall
remain in effect during fiscal year 2010: Provided further,
That the Director may, this year, reduce by regulation fees
payable for documents in patent and trademark matters, in
connection with the filing of documents filed electronically
in a form prescribed by the Director: Provided further, That
$2,000,000 shall be transferred to ``Office of Inspector
General'' for activities associated with carrying out
investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $520,300,000, to remain available
until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That within the
amounts appropriated, $10,500,000 shall be used for the
projects, and in the amounts, specified in the table entitled
``Congressionally designated projects'' in the report of the
Committee on Appropriations of the Senate to accompany this
Act.
industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $124,700,000, to remain available until
expended. In addition, for necessary expenses of the
Technology Innovation Program of the National Institute of
Standards and Technology, $69,900,000, to remain available
until expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $163,900,000, to remain
available until expended: Provided, That within the amounts
appropriated, $47,000,000 shall be used for the projects, and
in the amounts, specified in the table entitled
``Congressionally designated projects'' in the report of the
Committee on Appropriations of the Senate to accompany this
Act: Provided further, That the Secretary of Commerce shall
include in the budget justification materials that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) an estimate for each National Institute of Standards
and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the
budget justification materials shall include an estimate of
the budgetary requirements for each such project for each of
the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,301,131,000, to remain available until
September 30, 2011, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2012: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000
shall be derived by transfer from the fund entitled ``Coastal
Zone Management'' and in addition $104,600,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'': Provided further, That of the $3,304,131,000
provided for in direct obligations under this heading
$3,301,131,000 is appropriated from the general fund,
$3,000,000 is provided by transfer: Provided further, That
the total amount available for the National Oceanic and
Atmospheric Administration corporate services administrative
support costs shall not exceed $226,809,000: Provided
further, That payments of funds made available under this
heading to the Department of Commerce Working Capital Fund
including Department of Commerce General Counsel legal
services shall not exceed $36,583,000: Provided
[[Page 32484]]
further, That within the amounts appropriated, $57,725,000
shall be used for the projects, and in the amounts, specified
in the table entitled ``Congressionally designated projects''
in the report of the Committee on Appropriations of the
Senate to accompany this Act: Provided further, That any
deviation from the amounts designated for specific activities
in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in
allocating grants under sections 306 and 306A of the Coastal
Zone Management Act of 1972, as amended, no coastal State
shall receive more than 5 percent or less than 1 percent of
increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,397,685,000, to remain available until September 30, 2012,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar-for-dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce is authorized to enter into a lease, at
no cost to the United States Government, with the Regents of
the University of Alabama for a term of not less than 55
years, with two successive options each of 5 years, for land
situated on the campus of University of Alabama in Tuscaloosa
to house the Cooperative Institute and Research Center for
Southeast Weather and Hydrology: Provided further, That
within the amounts appropriated, $19,000,000 shall be used
for the projects, and in the amounts, specified in the table
entitled ``Congressionally designated projects'' in the
report of the Committee on Appropriations of the Senate to
accompany this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $80,000,000, to remain available
until September 30, 2011: Provided, That of the funds
provided herein the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and federally recognized tribes of the Columbia
River and Pacific Coast for projects necessary for
conservation of salmon and steelhead populations that are
listed as threatened or endangered, or identified by a State
as at-risk to be so-listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or
native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to
be developed by the Secretary of Commerce: Provided further,
That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of
at least 33 percent of the Federal funds.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2010, obligations of direct loans
may not exceed $16,000,000 for Individual Fishing Quota loans
and not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be
used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official reception and representation,
$61,000,000: Provided, That the Secretary, within 120 days of
enactment of this Act, shall provide a report to the
Committee on Appropriations of the Senate that audits and
evaluates all decision documents and expenditures by the
Bureau of the Census as they relate to the 2010 Census:
Provided further, That of the amounts provided to the
Secretary within this account, $5,000,000 shall not become
available for obligation until the Secretary certifies to the
Committee on Appropriations of the Senate that the Bureau of
the Census has followed and met all standards and best
practices, and all Office of Management and Budget guidelines
related to information technology projects and contract
management.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the
renovation and modernization of the Herbert C. Hoover
Building, $22,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $27,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce: Provided further, That for
the National Oceanic and Atmospheric Administration this
section shall provide for transfers among appropriations made
only to the National Oceanic and Atmospheric Administration
and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and
appropriation accounts.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. The requirements set forth by section 112 of
division B of Public Law 110-161 are hereby adopted by
reference.
Sec. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space
that persons, firms or organizations are authorized pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance,
operation, and protection of which has been delegated to the
Secretary from the Administrator of General Services pursuant
to the Federal Property and Administrative Services Act of
1949, as amended, on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services
provided under this section or the authority under which the
use or occupancy of the space is authorized, up to $200,000,
shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 107. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the
development and interdepartmental coordination of the
policies of the United States with respect to the
international negotiations and agreements referred to in this
section.
Sec. 108. Section 101(k) of the Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by
striking ``2009'' and inserting ``2011''.
[[Page 32485]]
Sec. 109. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 110. The National Marine Fisheries Service is
authorized to accept land, buildings, equipment, and other
contributions including funding, from public and private
sources, which shall be available until expended without
further appropriation to conduct work associated with
existing authorities.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2010''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $118,488,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That $18,693,000 is
for Department Leadership; $8,101,000 is for
Intergovernmental Relations/External Affairs; $12,715,000 is
for Executive Support/Professional Responsibility; and
$78,979,000 is for the Justice Management Division: Provided
further, That any change in amounts specified in the
preceding proviso greater than 5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations consistent with the terms of section 505 of
this Act: Provided further, That this transfer authority is
in addition to transfers authorized under section 505 of this
Act.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $95,000,000, to remain available until expended,
of which $21,132,000 is for the unified financial management
system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law
enforcement communications, and for the costs of operations
and maintenance of existing Land Mobile Radio legacy systems,
$206,143,000, to remain available until expended: Provided,
That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the
purchase of portable and mobile radios: Provided further,
That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$300,685,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account.
Detention Trustee
For necessary expenses of the Federal Detention Trustee,
$1,438,663,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That not to exceed $5,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to 18 U.S.C. 4013(b).
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$84,368,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, of which
$2,000,000 is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $12,859,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $875,097,000, of which $2,500,000 is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010; and of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $10,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to reimburse the Office of Personnel
Management for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That
of the amounts provided under this heading for the election
monitoring program $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $163,170,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $102,000,000 in fiscal year 2010), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2010, so as to result in a
final fiscal year 2010 appropriation from the general fund
estimated at $61,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,926,003,000: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That of the
amount provided under this heading, not less than $36,980,000
shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248)
concerning the prosecution of offenses relating to the sexual
exploitation of children.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $224,488,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, $210,000,000 of offsetting collections
pursuant to 28 U.S.C. 589a(b) shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum
herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2010,
so as to result in a final fiscal year 2010 appropriation
from the Fund estimated at $9,488,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,117,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $168,300,000, to remain
available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $11,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$11,479,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and
[[Page 32486]]
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,125,763,000; of which not to exceed $30,000 shall
be available for official reception and representation
expenses; of which not to exceed $4,000,000 shall remain
available until expended for information technology systems.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $26,625,000, to remain available until
expended; and of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and
cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $87,938,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $515,000,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; $7,668,622,000, of which
$101,066,000 is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010; and of which
not to exceed $150,000,000 shall remain available until
expended: Provided, That not to exceed $205,000 shall be
available for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this
Act, the Director of the Federal Bureau of Investigation,
upon a determination that additional funding is necessary to
carry out construction of the Biometrics Technology Center,
may transfer from amounts available for ``Salaries and
Expenses'' to amounts available for ``Construction'' up to
$30,000,000 in fees collected to defray expenses for the
automation of fingerprint identification and criminal justice
information services and associated costs: Provided further,
That any transfer made pursuant to the previous proviso shall
be subject to section 505 of this Act.
construction
For all necessary expenses, to include the cost of
equipment, furniture, and information technology
requirements, related to construction or acquisition of
buildings, facilities and sites by purchase, or as otherwise
authorized by law; conversion, modification and extension of
federally owned buildings; and preliminary planning and
design of projects; $244,915,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$2,014,682,000; of which $10,000,000 is designated as being
for overseas deployments and other activities pursuant to
sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010; and of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$100,000 shall be available for official reception and
representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, not to exceed $40,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,114,772,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which $10,000,000 shall remain
available until expended: Provided, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records,
or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to
pay administrative expenses or the compensation of any
officer or employee of the United States to implement an
amendment or amendments to 27 CFR 478.118 or to change the
definition of ``Curios or relics'' in 27 CFR 478.11 or remove
any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer
the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments in fiscal year 2010: Provided further, That,
beginning in fiscal year 2010 and thereafter, no funds
appropriated under this or any other Act may be used to
disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of
the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), except to: (1) a Federal, State, local,
tribal, or foreign law enforcement agency, or a Federal,
State, or local prosecutor; or (2) a foreign law enforcement
agency solely in connection with or for use in a criminal
investigation or prosecution; or solely in connection with
and for use in a criminal investigation or prosecution; or
(3) a Federal agency for a national security or intelligence
purpose; unless such disclosure of such date to any of the
entities described in (1), (2) or (3) of this proviso would
compromise the identity of any undercover law enforcement
officer or confidential informant, or interfere with any case
under investigation; and no person or entity described in
(1), (2) or (3) shall knowingly or publicly disclose such
data; and all such data shall be immune from legal process,
shall not be subject to subpoena or other discovery, shall be
inadmissible in evidence, and shall not be used, relied on,
or disclosed in any manner, nor shall testimony or other
evidence be permitted based on the data, in a civil action in
any State (including the District of Columbia) or Federal
court or in an administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to enforce the provisions of chapter
44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(a)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further,
That no funds made available by this or any other Act shall
be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That
no funds authorized or made available under this or any other
Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of
such a license due to a lack of business activity, provided
that the applicant is otherwise eligible
[[Page 32487]]
to receive such a license, and is eligible to report business
income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986.
construction
For necessary expenses to construct or acquire buildings
and sites to purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally owned buildings; and preliminary
planning and design of projects; $6,000,000, to remain until
expended.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 831, of which 743 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $5,979,831,000, of
which $10,500,000 is designated as being for overseas
deployments and other activities pursuant to sections
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2011: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $99,155,000, to remain available until expended, of
which not less than $73,769,000 shall be available only for
modernization, maintenance and repair, and of which not to
exceed $14,000,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States
prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); and for related
victims services, $435,000,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 3 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided (which shall be by transfer, for programs
administered by the Office of Justice Programs)--
(1) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(3) $200,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $18,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking
or sexual assault as authorized by section 40299 of the 1994
Act; and
(B) $2,000,000 shall be for the National Institute of
Justice for research and evaluation of violence against women
and related issues addressed by grant programs of the Office
on Violence Against Women;
(4) $60,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $15,000,000 for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(6) $41,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
of the 1994 Act;
(7) $3,000,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $3,000,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
(9) $9,500,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005
Act;
(10) $45,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,250,000 for enhanced training and services to end
violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(12) $14,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,750,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(14) $3,000,000 for an engaging men and youth in prevention
program, as authorized by section 41305 of the 1994 Act;
(15) $1,000,000 for analysis and research on violence
against Indian women, as authorized by section 904 of the
2005 Act;
(16) $1,000,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $3,500,000 for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(18) $3,000,000 for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the
1994 Act;
(19) $3,000,000 for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(20) $500,000 for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act; and
(21) $1,000,000 for grants for televised testimony, as
authorized by part N of title I of the 1968 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968; the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108-21); the Justice for All
Act of 2004 (Public Law 108-405); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109-162); the Second Chance Act of 2007 (Public Law 110-
199); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Victims of Crime Act of 1984 (Public Law 98-473);
the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248); the PROTECT Our Children Act of 2008
(Public Law 110-401); subtitle D of title II of the Homeland
Security Act of 2002 (Public Law 107-296), which may include
research and development; and other programs (including the
Statewide Automated Victim Notification Program);
$215,000,000, to remain available until expended, of which:
(1) $40,000,000 is for criminal justice statistics
programs, pursuant to part C of the 1968 Act, of which
$35,000,000 is for the National Crime Victimization Survey;
[[Page 32488]]
(2) $48,000,000 is for research, development, and
evaluation programs;
(3) $12,000,000 is for the Statewide Victim Notification
System of the Bureau of Justice Assistance;
(4) $45,000,000 is for the Regional Information System
Sharing System, as authorized by part M of title I of the
1968 Act; and
(5) $70,000,000 is for the Missing Children's Program.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248); the Second Chance Act of 2007 (Public Law 110-
199); and the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); and other programs;
$1,159,000,000, to remain available until expended as
follows:
(1) $510,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act, (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
the 1968 Act, shall not apply for purposes of this Act), of
which $5,000,000 is for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, $2,000,000 is for a program to
improve State and local law enforcement intelligence
capabilities including anti-terrorism training and training
to ensure that constitutional rights, civil liberties, civil
rights, and privacy interests are protected throughout the
intelligence process, $10,000,000 is to support the
Nationwide Pegasus Program in coordination with the National
Sheriff's Association, for rural and non-urban law
enforcement databases and connectivity to enhance information
sharing technology capacity, and $10,000,000 is for
implementation of a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315;
(2) $178,500,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation): Provided, That within the amounts
appropriated, $178,500,000 shall be used for the projects,
and in the amounts specified in the table entitled
``Congressionally designated projects'' in the report of the
Committee on Appropriations of the Senate to accompany this
Act;
(3) $40,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation) of which $8,000,000 shall be
available for the SMART Office activities and $2,000,0000
shall be available for grants to States and local law
enforcement agencies as authorized by section 5 of Public Law
110-344;
(4) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act);
(5) $15,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(6) $40,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(7) $5,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79);
(8) $20,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(9) $50,000,000 for offender re-entry programs, as
authorized by the Second Chance Act of 2007 (Public Law 110-
199), of which $25,000,000 is for grants for adult and
juvenile offender State, tribal and local reentry
demonstration projects, $15,000,000 is for grants for
mentoring and transitional services and $5,000,000 is for
family-based substance abuse treatment;
(10) $5,500,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108-405;
(11) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(12) $30,000,000 for assistance to Indian tribes, of
which--
(A) $10,000,000 shall be available for grants under section
20109 of subtitle A of title II of the 1994 Act;
(B) $10,000,000 shall be available for the Tribal Courts
Initiative;
(C) $7,000,000 shall be available for tribal alcohol and
substance abuse reduction assistance grants; and
(D) $3,000,000 shall be available for training and
technical assistance and civil and criminal legal assistance
as authorized by title I of Public Law 106-559;
(13) $228,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)); and
(14) $25,000,000 for the Border Prosecutor Initiative to
reimburse State, county, parish, tribal, or municipal
governments for costs associated with the prosecution of
criminal cases declined by local offices of the United States
Attorneys: Provided, That no less than $20,000,000 shall be
for prosecution efforts on the Southern border: Provided
further, That no less than $5,000,000 shall be for
prosecution efforts on the Northern border:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
safety service.
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Office of Weed and Seed Strategies,
$20,000,000, to remain available until expended, as
authorized by section 103 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.); the
Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248); the PROTECT Our Children Act of 2008
(Public Law 110-401), and other juvenile justice programs,
$407,000,000, to remain available until expended as follows:
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal
grants process: Provided, That no less than $5,000,000 shall
be for the Safe Start Program, as authorized by the 1974 Act;
(2) $82,000,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act: Provided, That within
the amounts appropriated, $82,000,000 shall be used for the
projects, and in the amounts, specified in the table entitled
``Congressionally designated projects'' in the report of the
Committee on Appropriations of the Senate to accompany this
Act;
(3) $100,000,000 for youth mentoring grants;
(4) $65,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $25,000,000 shall be for the Tribal Youth Program;
(B) $10,000,000 shall be for a gang education initiative;
and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $4,840,000 shall be available for discretionary
grants, for programs and activities to enforce State laws
prohibiting the sale of alcoholic beverages to minors or the
purchase or consumption of alcoholic beverages by minors, for
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(5) $25,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(6) $60,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), such sums as are
necessary (including amounts for administrative costs, which
amounts shall be paid to the ``Salaries and Expenses''
account); and $5,000,000 for payments authorized by section
1201(b) of such Act; and $4,100,000 for educational
assistance, as authorized by section 1218 of such Act, to
remain available until expended.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); subtitle D
of title II of the Homeland Security Act of 2002 (Public Law
107-296), which may include research and development; and the
USA PATRIOT Improvement and Reauthorization Act of 2005
(Public Law 109-177); the NICS Improvement Amendments Act of
2007 (Public Law 110-180); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (the ``Adam Walsh
Act''); and the Justice for All Act of 2004 (Public Law 108-
405), $658,500,000, to remain available until expended:
Provided, That
[[Page 32489]]
any balances made available through prior year deobligations
shall only be available in accordance with section 505 of
this Act. Of the amount provided (which shall be by transfer,
for programs administered by the Office of Justice
Programs)--
(1) $30,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs;
(2) $39,500,000 for grants to entities described in section
1701 of title I of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177, and for
other anti-methamphetamine-related activities: Provided, That
within the amounts appropriated, $34,500,000 shall be used
for the projects, and in the amounts, specified in the table
entitled ``Congressionally designated projects'' in the
report of the Committee on Appropriations of the Senate to
accompany this Act;
(3) $187,000,000 for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That
within the amounts appropriated, $187,000,000 shall be used
for the projects, and in the amounts, specified in the table
entitled ``Congressionally designated projects'' in the
report of the Committee on Appropriations of the Senate to
accompany this Act;
(4) $10,000,000 for grants to assist States and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(5) $10,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(6) $166,000,000 for DNA related and forensic programs and
activities as follows:
(A) $151,000,000 for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities including the purposes of section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (the Debbie
Smith DNA Backlog Grant Program);
(B) $5,000,000 for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412);
(C) $5,000,000 for Sexual Assault Forensic Exam Program
Grants as authorized by Public Law 108-405, section 304; and
(D) $5,000,000 for DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers as
authorized by Public Law 108-405, section 303;
(7) $20,000,000 for improving tribal law enforcement,
including equipment and training;
(8) $15,000,000 for programs to reduce gun crime and gang
violence;
(9) $10,000,000 for training and technical assistance;
(10) $20,000,000 for a national grant program the purpose
of which is to assist State and local law enforcement to
locate, arrest and prosecute child sexual predators and
exploiters, and to enforce sex offender registration laws
described in section 1701(b) of the 1968 Act, of which:
(A) $5,000,000 for sex offender management assistance as
authorized by the Adam Walsh Act and the Violent Crime
Control Act of 1994 (Public Law 103-322); and
(B) $1,000,000 for the National Sex Offender Public
Registry;
(11) $16,000,000 for expenses authorized by part AA of the
1968 Act (Secure our Schools);
(12) $35,000,000 for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act;
and
(13) $100,000,000 for grants under section 1701 of title I
of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsections (g) and (i)
of such section and notwithstanding 42 U.S.C. 3796dd-3(c).
Salaries and Expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office on Violence Against Women, the Office of Justice
Programs and the Community Oriented Policing Services Office,
$179,000,000, of which not to exceed $15,708,000 shall be
available for the Office on Violence Against Women; not to
exceed $125,830,000 shall be available for the Office of
Justice Programs; not to exceed $37,462,000 shall be
available for the Community Oriented Policing Services
Office: Provided, That, notwithstanding section 109 of title
I of Public Law 90-351, an additional amount, not to exceed
$21,000,000 shall be available for authorized activities of
the Office of Audit, Assessment, and Management: Provided
further, That the total amount available for management and
administration of such programs shall not exceed
$200,000,000.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $75,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2011, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (6 U.S.C. 533) without limitation on
the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection
and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210. None of the funds made available under this
title shall be obligated or expended for Sentinel, or for any
other major new or enhanced information technology program
having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on
Appropriations that the information technology program has
appropriate program management and contractor oversight
mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 211. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous
years.
Sec. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 214. None of the funds appropriated in this or any
other Act shall be obligated for the initiation of a future
phase of the Federal Bureau of Investigation's Sentinel
program until the Attorney General certifies to the
Committees on Appropriations that existing phases currently
under contract for development or fielding have completed a
majority of the work for that phase under the performance
measurement baseline validated by the integrated baseline
review conducted in 2008: Provided, That this restriction
does not apply to planning and design activities for future
phases: Provided further, That the Bureau will notify the
Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. In addition to any amounts that otherwise may be
available (or authorized to be made available) by law, with
respect to funds appropriated by this Act under the headings
[[Page 32490]]
``Justice Assistance'', ``State and Local Law Enforcement
Assistance'', ``Weed and Seed'', ``Juvenile Justice
Programs'', and ``Community Oriented Policing Services''--
(1) Up to 3 percent of funds made available to the Office
of Justice Programs for grants or reimbursement may be used
to provide training and technical assistance; and
(2) Up to 1 percent of funds made available to such Office
for formula grants under such headings may be used for
research or statistical purposes by the National Institute of
Justice or the Bureau of Justice Statistics, pursuant to,
respectively, sections 201 and 202, and sections 301 and 302
of title I of Public Law 90-351.
Sec. 216. Section 5759(e) of title 5, United States Code,
is amended by striking subsection (e).
Sec. 217. (a) The Attorney General shall submit quarterly
reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to
each conference held by the Department of Justice during
fiscal year 2010 for which the cost to the Government was
more than $20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
Department of Justice in evaluating potential contractors for
that conference.
Sec. 218. (a) Subchapter IV of chapter 57 of title 5,
United States Code, is amended by adding at the end of the
following:
``Sec. 5761. Foreign language proficiency pay awards for the
Federal Bureau of Investigation
``The Director of the Federal Bureau of Investigation may,
under regulations prescribed by the Director, pay a cash
award of up to 10 percent of basic pay to any Bureau employee
who maintains proficiency in a language or languages critical
to the mission or who uses one or more foreign languages in
the performance of official duties.''.
(b) The analysis for chapter 57 of title 5, United States
Code, is amended by adding at the end the following:
``5761. Foreign language proficiency pay awards for the Federal Bureau
of Investigation.''
Sec. 219. The Attorney General is authorized to waive the
application of 42 U.S.C. 3755(d)(2)(A) with respect to grants
made to units of local government pursuant to 42 U.S.C.
3755(d)(1), if such units of local government were eligible
to receive such grants under the transitional rule in 42
U.S.C. 3755(d)(2)(B).
This title may be cited as the ``Department of Justice
Appropriations Act, 2010''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $6,154,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization,
and modification of facilities, construction of new
facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$4,517,000,000, to remain available until September 30, 2011.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization,
and modification of facilities, construction of new
facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$507,000,000, to remain available until September 30, 2011.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization,
and modification of facilities, construction of new
facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control, and communications activities; program
management, personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$3,940,400,000, to remain available until September 30, 2011.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities including operations,
production, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization
and modification of facilities, construction of new
facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $6,161,600,000, to
remain available until September 30, 2011.
education
For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research
and development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $140,100,000, to remain available
until September 30, 2011.
cross agency support
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, exploration,
space operations and education research and development
activities, including research, development, operations,
support, and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization,
and modification of facilities, construction of new
facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $70,000 for official reception and
representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $3,383,500,000, to remain available until September
30, 2011: Provided, That within the amounts appropriated
$47,000,000 shall be used for the projects, and in the
amounts, specified in the table entitled ``Congressionally
designated projects'' in the report of the Committee on
Appropriations of the Senate to accompany this Act.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$36,400,000, to remain available until September 30, 2011.
administrative provisions
Notwithstanding the limitation on the duration of
availability of funds appropriated to the National
Aeronautics and Space Administration for any account in this
Act, except for ``Office of Inspector General'', when any
activity has been initiated by the incurrence of obligations
for environmental compliance and restoration activities as
authorized by law, such amount available for such activity
shall remain available until expended.
Notwithstanding the limitation on the availability of funds
appropriated to the National Aeronautics and Space
Administration for any account in this Act, except for
``Office of Inspector General'', the amounts appropriated for
construction of facilities shall remain available until
September 30, 2014.
[[Page 32491]]
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any transfer pursuant
to this provision shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
Notwithstanding any other provision of law, no funds shall
be used to implement any Reduction in Force or other
involuntary separations (except for cause) by the National
Aeronautics and Space Administration prior to September 30,
2010.
The unexpired balances of the Science, Aeronautics, and
Exploration account, for activities for which funds are
provided under this Act, may be transferred to the new
accounts established in this Act that provide such activity.
Balances so transferred shall be merged with the funds in the
newly established accounts, but shall be available under the
same terms, conditions and period of time as previously
appropriated.
Funding designations and minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this title for the National Aeronautics and
Space Administration.
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,618,000,000, to remain available until
September 30, 2011, of which not to exceed $570,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal
year 2010 budget request for icebreaking services,
$54,000,000 shall be transferred to the U.S. Coast Guard
``Operating Expenses'': Provided further, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation: Provided further, That not less than
$147,800,000 shall be available for activities authorized by
section 7002(c)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $122,290,000,
to remain available until expended.
education and human resources
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $857,760,000,
to remain available until September 30, 2011: Provided, That
not less than $55,000,000 shall be available until expended
for activities authorized by section 7030 of Public Law 110-
69.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $300,370,000: Provided,
That contracts may be entered into under this heading in
fiscal year 2010 for maintenance and operation of facilities,
and for other services, to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $4,340,000: Provided, That not to exceed
$2,500 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $14,000,000.
This title may be cited as the ``Science Appropriations
Act, 2010''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,400,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law
110-23); the ADA Amendments Act of 2008 (Public Law 110-325),
and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-
2), including services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); nonmonetary awards to private citizens; and not to
exceed $30,000,000 for payments to State and local
enforcement agencies for authorized services to the
Commission, $367,303,000: Provided, That the Commission is
authorized to make available for official reception and
representation expenses not to exceed $2,500 from available
funds: Provided further, That the Commission may take no
action to implement any workforce repositioning,
restructuring, or reorganization until such time as the House
and Senate Committees on Appropriations have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$82,700,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$400,000,000, of which $374,600,000 is for basic field
programs and required independent audits; $4,000,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants
oversight; $3,400,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services
Corporation Act, 42 U.S.C. 2996(d).
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2009 and 2010, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,250,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $48,326,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210 to
maintain strong U.S. remedies laws, correct the problem of
[[Page 32492]]
overreaching by World Trade Organization Panels and Appellate
Body, and prevent the creation of obligation never negotiated
or expressly agreed to by the United States.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et. seq.) $5,000,000, of which
$500,000 shall remain available until September 30, 2011:
Provided, That not to exceed $3,000 shall be available for
official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. 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. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2009, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds that:
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for
a different purpose, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent as
approved by Congress, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through the
reprogramming of funds after August 1, except in
extraordinary circumstances, and only after the House and
Senate Committees on Appropriations are notified 30 days in
advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this or any other Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 510. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 511. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 512. None of the funds made available in this Act may
be used to pay the salaries and expenses of personnel of the
Department of Justice to obligate more than $705,000,000
during fiscal year 2010 from the fund established by section
1402 of chapter XIV of title II of Public Law 98-473 (42
U.S.C. 10601): Provided, That hereafter the availability of
funds under section 1402(d)(3) to improve services shall be
understood to mean availability for pay or salary, including
benefits for the same.
Sec. 513. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and
[[Page 32493]]
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of
such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related 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 2010 until the enactment of the
Intelligence Authorization Act for fiscal year 2010.
Sec. 526. The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 529. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 530. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
[[Page 32494]]
single conference occurring outside the United States.
(rescissions)
Sec. 531. (a) Of the unobligated balances available to the
Department of Justice from prior appropriations, the
following funds are hereby rescinded, not later than
September 30, 2010, from the following accounts in the
specified amounts:
(1) ``Legal Activities, Assets Forfeiture Fund'',
$379,000,000, of which $136,000,000 shall be permanently
rescinded and returned to the general fund;
(2) ``Office of Justice Programs'', $42,000,000; and
(3) ``Community Oriented Policing Services'', $40,000,000.
(b) The Department of Justice shall, within 30 days of
enactment of this Act, submit to the Committee on
Appropriations of the House of Representatives and the Senate
a report specifying the amount of each rescission made
pursuant to this section.
(c) The recissions contained in this section shall not
apply to funds provided in this Act.
Sec. 532. Section 504(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1996 (as contained in Public Law 104-134)
is amended:
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting after ``)'' the following: ``that uses
Federal funds (or funds from any source with regard to
paragraphs (14) and (15)) in a manner'';
(2) by striking subsection (d); and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
Sec. 533. 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.
review and audit of acorn federal funding
Sec. 534. (a) Review and Audit.--The Comptroller General
of the United States shall conduct a review and audit of
Federal funds received by the Association of Community
Organizations for Reform Now (referred to in this section as
``ACORN'') or any subsidiary or affiliate of ACORN to
determine--
(1) whether any Federal funds were misused and, if so, the
total amount of Federal funds involved and how such funds
were misused;
(2) what steps, if any, have been taken to recover any
Federal funds that were misused;
(3) what steps should be taken to prevent the misuse of any
Federal funds; and
(4) whether all necessary steps have been taken to prevent
the misuse of any Federal funds.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on the results of the audit required
under subsection (a), along with recommendations for Federal
agency reforms.
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2010''.
Motion Offered by Mr. Obey
The text of the motion is as follows:
Mr. Obey moves that the House concur in the Senate
amendment to H.R. 2847 with the amendment printed in part B
of House Report 111-380.
The SPEAKER pro tempore. The House amendment to the Senate amendment
to the bill H.R. 2847 contains an emergency designation for purposes of
pay-as-you-go principles.
Accordingly, the Chair must put the question of consideration under
clause 10(c)(3) of rule XXI.
The question is, Will the House now consider the motion to concur in
the Senate amendment with an amendment?
The question of consideration was decided in the affirmative.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 976, the
amendment printed in part B of House Report 111-380 and the motion
shall be considered as read.
The text of the amendment is as follows:
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2010, and for other purposes,
namely:
TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT
CHAPTER 1--JUSTICE
DEPARTMENT OF JUSTICE
Community Oriented Policing Services
(including transfer of funds)
For an additional amount for ``Community Oriented Policing
Services'', for grants under section 1701 of title I of the
1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C.
3796dd) for hiring and rehiring of additional career law
enforcement officers under part Q of such title,
notwithstanding subsection (i) of such section,
$1,179,000,000, of which $2,950,000 shall be transferred to
``State and Local Law Enforcement Activities, Salaries and
Expenses'' for management, administration and oversight of
such grants.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
CORPS OF ENGINEERS--CIVIL WORKS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil Construction
(including transfers of funds)
For an additional amount for ``Construction'',
$715,000,000: Provided, That section 102 of Public Law 109-
103 (33 U.S.C. 2221) shall not apply to funds provided in
this title: Provided further, That not less than $30,000,000
of the funds provided shall be for water-related
environmental infrastructure assistance: Provided further,
That up to $30,000,000 of the funds provided under this
heading may be transferred to ``Mississippi Rivers and
Tributaries'' for authorized projects and activities:
Provided further, That notwithstanding any other provision of
law, funds provided under this heading shall not be cost
shared with the Inland Waterways Trust Fund as authorized in
Public Law 99-662: Provided further, That funds provided
under this heading shall only be allocated to programs,
projects or activities that heretofore received funds
provided in Acts making appropriations available for Energy
and Water Development and that are selected using only the
fallowing criteria in order of priority: programs, projects
or activities that can be commenced quickly; programs,
projects or activities that will create immediate employment;
programs, projects or activities that will be executed by
contract or direct hire of temporary labor; and programs,
projects or activities that are located in a State with high
unemployment: Provided further, That the limitation
concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280), shall not
apply during fiscal years 2010 and 2011 for any project
receiving funds provided in this title: Provided further,
That for projects that are being completed with funds
appropriated in this paragraph that would otherwise be
expired for obligation, expired funds appropriated in this
paragraph may be used to pay the cost of associated
supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any: Provided
further, That funds made available under this heading shall
be apportioned by the Office of Management and Budget not
later than 30 days after the date of enactment of this Act
and allocated by the Secretary of the Army to specific
programs, projects or activities not later than 45 days after
the date of enactment of this Act: Provided further, That the
Secretary of the Army shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation, obligation and
expenditures of these funds, including an explanation of how
each selected program, project or activity fulfills the
funding criteria above, beginning not later than 45 days
after the date of enactment of this Act: Provided further,
That the Secretary shall have unlimited reprogramming
authority for the funds provided under this heading: Provided
further, That up to 0.5 percent of funds provided under this
heading may be transferred to ``Expenses'' for the purposes
of management and oversight of the programs, projects or
activities funded by this paragraph.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfers of funds)
For an additional amount for ``Water and Related
Resources'', $100,000,000: Provided, That of the amount
appropriated under this heading, not less than $26,000,000
shall be used for water reclamation and reuse projects
authorized under title XVI of Public Law 102-575: Provided
further, That up to $30,000,000 of the funds provided under
this heading may be used for programs, projects, and
activities authorized by Public Law 108-361 and up to
$10,000,000 of the funds provided under this heading may be
transferred to the Department of the Interior for programs,
projects, and activities authorized by titles II-V of Public
Law 102-575: Provided further, That funds provided under this
heading shall only be allocated to programs, projects or
activities that heretofore received funds provided in Acts
making appropriations available for Energy and Water
Development: Provided further, That for projects that are
being completed with funds appropriated in this paragraph
that would otherwise be expired for obligation, expired funds
appropriated in this paragraph may be used to pay the cost of
associated supervision, inspection, overhead, engineering and
design on those projects and on subsequent claims, if any:
Provided further, That the Secretary of the Interior shall
submit a quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation, obligation and expenditures of these funds,
beginning not later than 45 days after the date of enactment
of this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for the funds provided
under this heading: Provided further, That up to 0.5 percent
of funds appropriated under this heading may be transferred
to ``Policy and Administration'' for the purposes of
management and oversight of the programs, projects, or
activities funded by this paragraph.
[[Page 32495]]
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Title 17 Innovative Technology Loan Guarantee Program
For an additional amount for ``Title 17 Innovative
Technology Loan Guarantee Program'' for the cost of
guaranteed loans authorized by section 1705 of the Energy
Policy Act of 2005, $2,000,000,000, available until expended:
Provided, That the cost of such loans, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974.
General Provision, This Chapter
incentives for innovative technologies loan guarantee program
Sec. 1201. (a) Specific Appropriation or Contribution.--
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made;
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury; or
``(C) a combination of appropriations or payments from the
borrower has been made sufficient to cover the cost of the
obligation.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) or (C) shall not be a loan or
other debt obligation, that is made or guaranteed by the
Federal Government.''; and
(2) by adding at the end the following:
``(k) Credit Report.--If, in the opinion of the Secretary,
a third-party credit rating of the applicant or project is
not relevant to the determination of the credit risk of a
project, if the project costs are not projected to exceed
$100,000,000, and the applicant agrees to accept the credit
rating assigned to the applicant by the Secretary, the
Secretary may waive any otherwise applicable requirement
(including any requirement described in part 609 of title 10,
Code of Federal Regulations) to provide a third-party credit
report.
``(l) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, United States Code,
the head of the loan guarantee program under this title
(referred to in this subsection as the `Executive Director')
may, on a determination that there is a severe shortage of
candidates or a severe hiring need for particular positions
to carry out the functions of this title, recruit and
directly appoint highly qualified critical personnel with
specialized knowledge important to the function of the
programs under this title into the competitive service.
``(2) Exception.--The authority granted under paragraph (1)
shall not apply to positions in the excepted service or the
Senior Executive Service.
``(3) Requirements.--In exercising the authority granted
under paragraph (1), the Executive Director shall ensure that
any action taken by the Executive Director--
``(A) is consistent with the merit principles of section
2301 of title 5, United States Code; and
``(B) complies with the public notice requimments of
section 3327 of title 5, United States Code.
``(4) Sunset.--The authority provided under paragraph (1)
shall terminate on January 1, 2011.
``(m) Multiple Sites.--Notwithstanding any contrary
requirement (including any provision under part 609.12 of
title 10, Code of Federal Regulations) an eligible project
may be located on 2 or more non-contiguous sites in the
United States.''.
(b) Applications for Multiple Eligible Projects.--Section
1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of
title 10, Code of Federal Regulations), a project applicant
or sponsor of an eligible project may submit an application
for more than 1 eligible project under this section.''.
(c) Energy Efficiency Loan Guarantees.--Section 1705(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended
by adding at the end the following:
``(4) Energy efficiency projects, including projects to
retrofit residential, commercial, and industrial buildings,
facilities, and equipment.''.
CHAPTER 3--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
firefighter assistance grants
For an additional amount for ``Firefighter Assistance
Grants'' for necessary expenses for programs authorized by
section 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a), $500,000,000: Provided, That
notwithstanding any provision under section 34(a)(1)(A) such
Act specifying that grants must be used to increase the
number of firefighters in fire departments, the Secretary of
Homeland Security, in making grants under section 34 of such
Act for fiscal year 2010, shall grant waivers from the
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and
(c)(4)(A) of such section: Provided further, That section
34(a)(1)(E) of such Act shall not apply with respect to funds
appropriated in this or any other Act making appropriations
for fiscal year 2010 for grants under section 34 of such Act:
Provided further, That the Secretary of Homeland Security, in
making grants under section 34 of such Act, shall ensure that
funds appropriated under this or any other Act making
appropriations for fiscal year 2010 are made available for
the retention of firefighters and shall award grants not
later than 120 days after the date of enactment of this Act:
Provided further, That the Secretary may transfer any unused
funds under this heading to make grants for programs
authorized by section 33 of such Act (15 U.S.C. 2229) after
notification to the Committees on Appropriations of the
Senate and the House of Representatives.
CHAPTER 4--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and
Resources'', for activities on all Bureau of Land Management
lands using term employment, $20,000,000.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', for
activities using term employment, $30,000,000.
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National
Park System'', for activities on all national park units
using term employment, $50,000,000.
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
for hazardous fuels reduction and related activities
including necessary inventory and monitoring, using term
employment, $20,000,000.
ENVIRONMENTAL PROTECTION AGENCY
State And Tribal Assistance Grants
(including transfers of funds)
For an additional amount for ``State and Tribal Assistance
Grants'', $2,000,000,000, of which $1,000,000,000 shall be
for capitalization grants for the Clean Water State Revolving
Funds under title VI of the Federal Water Pollution Control
Act and $1,000,000,000 shall be for capitalization grants
under section 1452 of the Safe Drinking Water Act: Provided,
That the Administrator may retain up to 1 percent of the
funds appropriated herein for management and oversight
purposes: Provided further, That funds appropriated herein
shall not be subject to the matching or cost share
requirements of sections 602(b)(2), 602(b)(3) or 202 of the
Federal Water Pollution Control Act nor the matching
requirements of section 1452(e) of the Safe Drinking Water
Act: Provided further, That the Administrator shall
reallocate funds appropriated herein for the Clean and
Drinking Water State Revolving Funds (Revolving Funds) where
projects are not under contract or construction within 8
months of the date of enactment of this Act: Provided
further, That notwithstanding the priority rankings they
would otherwise receive under each program, priority for
funds appropriated herein shall be given to projects on a
State priority list that are ready to proceed to construction
within 12 months of the date of enactment of this Act:
Provided further, That notwithstanding the requirements of
section 603(d) of the Federal Water Pollution Control Act or
section 1452(f) of the Safe Drinking Water Act, for the funds
appropriated herein, each State shall use not less than 50
percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or
grants or any combination of these: Provided further, That,
to the extent there are sufficient eligible project
applications, not less than 20 percent of the funds
appropriated herein for the Revolving Funds shall be for
projects to address green infrastructure, water or energy
efficiency improvements or other environmentally innovative
activities: Provided further, That notwithstanding the
limitation on amounts specified in section 518(c) of the
Federal Water Pollution Control Act, up to 2.0 percent of the
funds appropriated herein for the Clean Water State Revolving
Funds may be reserved by the Administrator for tribal grants
under section 518(c) of such Act: Provided further, That up
to 4 percent of the funds appropriated herein for tribal set-
asides under the Revolving Funds may be transferred to the
Indian Health Service to support management and oversight of
tribal projects: Provided further, That none of the funds
appropriated herein shall be available for the purchase of
land or easements as authorized by section 603(c) of the
Federal Water Pollution Control Act or for activities
authorized by section 1452(k) of the Safe Drinking Water Act:
Provided further, That notwithstanding section 603(d)(2) of
the Federal Water Pollution Control Act and section
1452(f)(2) of the Safe Drinking Water Act, funds may be used
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after October 1, 2009: Provided further, That section 1606 of
title XVI of Public Law 111-5 shall apply to the use of the
funds provided under this heading.
[[Page 32496]]
Department of Agriculture
Forest Service
state and private forestry
For an additional amount for ``State and Private Forestry
for financial assistance to States and territories for
authorized activities using term employment, $75,000,000.
national forest system
For an additional amount for ``National Forest System'',
for activities on the National Forest System using term
employment, $40,000,000.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
for hazardous fuels reduction and related activities using
term employment, $35,000,000.
General Provisions, This Chapter
(including transfer of funds)
Sec. 1401. Funds made available to the Environmental
Protection Agency by this Act for management and oversight
purposes shall remain available until September 30, 2012, and
may be transferred to the ``Environmental Programs and
Management'' account as needed.
Sec. 1402. In carrying out the work for which funds in this
title are being made available, the Secretary of the Interior
and the Secretary of Agriculture shall utilize, to the
maximum extent practicable, the Public Lands Corps, Youth
Conservation Corps, Student Conservation. Association, Job
Corps, Corps Network members, and other related partnerships
with Federal, State, local, tribal or non-profit groups that
serve youny adults, underserved and minority populations,
veterans, and special needs individuals.
CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment
Services'' for activities under the Workforce Investment Act
of 1998 (``WIA''), $1,250,000,000, which shall be available
for obligation on the date of enactment of this Act, as
follows:
(1) $500,000,000 for grants to the States for youth
activities: Provided, That such funds shall be used solely
for summer employment programs for youth: Provided further,
That no portion of such funds shall he reserved to carry out
section 127(b)(1)(A) of the WIA: Provided further, That for
purposes of section 127(b)(1)(C)(iv) of the WIA, funds
available for youth activities shall be allotted as if the
total amount available for youth activities in the fiscal
year does not exceed $1,000,000,000: Provided further, That
the work readiness performance indicator described in section
136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of
performance used to assess the effectiveness of summer
employment for youth provided with such funds: Provided
further, That an in-school youth shall meet the requirement
that eligible youth be a low-income individual under section,
101(13)(B) of the WIA if such youth has been determined to
meet the eligibility requirements for free meals under the
National School Lunch Act (42 U.S.C. 1751 et seq.) during the
most recent school year; and
(2) $750,000,000 for a program of competitive grants for
worker training and placement in high growth and emerging
industry sectors: Provided, That $275,000,000 shall be for
job training projects that prepare workers for careers in
energy efficiency and renewable energy as described in
section 171(e)(1)(B) of the WIA, of which $225,000,000 shall
be for Pathways Out of Poverty projects: Provided further,
That awarding grants from those funds not dedicated in the
preceding proviso, the Secretary of Labor shall give priority
to projects that prepare workers for careers in the health
care sector.
DEPARTMENT OF EDUCATION
Education Jobs Fund
For necessary expenses for an Education Jobs Fund,
$23,000,000,000, which shall remain available for obligation
through September 30, 2010 and shall he administered under
the terms and conditions of sections 14001 through 14013 of
title XIV, and title XV, of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
except as follows:
(1) Allotments to states and territories.--Such funds shall
be available only for allocations by the Secretary under
subsections (a) and (d) of section 14001.
(2) Reservation.--With respect to funds appropriated under
this heading, a State that receives an allocation may reserve
not more than 5 percent, for--
(A) the administrative costs of carrying out its
responsibilities with respect to those funds, provided the
State reserves not more than 1 percent of its total
allocation for those costs; and
(B) retaining or creating positions in the State
educational agency or the State agency for higher education,
and other State agency positions related to the
administration or support of early childhood, elementary,
secondary or postsecondary education.
(3) Awards to local educational agencies and public
institutions of higher education.--
(A) Except as specified under paragraph (2), allocation of
such funds to a State under section 14001(d) shall be used
only for awards to local educational agencies and public
institutions of higher education for the support of
elementary, secondary, and postsecondary education. The
Governor shall determine how the funds appropriated under
this heading are allocated for elementary and secondary
education and for public institutions of higher education. In
making the determination in the preceding sentence, the
Governor shall allocate funds among the categories of
elementary and secondary education and public institutions of
higher education generally in proportion to any reductions in
State funds for such categories.
(B) Funds used to support elementary and secondary
education, shall be distributed through the State's primary
elementary and secondary funding formulae.
(C) Section 14002(a) and (b) shall not apply.
(4) Inapplicability of education reform assurances.--
Subsection (b)(2), and paragraphs (1) through (5) of
subsection (d), of section 14005 shall not apply to any
application for an allocation of such funds.
(5) Requirenent to use funds to retain or create education
jobs.--Notwithstanding sections 14003(a) and 14004(a), such
funds may be used only for compensation and benefits and
other expenses, such as support services, necessary to retain
existing employees, for activities defined in section 101(31)
of the Workforce Investment Act of 1998, and to hire new
employees in order to provide early childhood, elementary,
secondary, or postsecondary educational and related services
or for modernization, renovation, and repair of public school
facilities and facilities of institutions of higher
education.
(6) Prohibition on use of funds for rainy-day funds or debt
retirement.--A State that receives an allocation may not use
such funds, directly or indirectly, to establish, restore, or
supplement a rainy-day fund, or to supplant State funds in a
manner that has the effect of establishing, restoring, or,
supplementing a rainy-day fund; or to reduce or retire debt
obligations incurred by the State, or to supplant State funds
in a manner that has the effect of reducing or retiring debt
obligations incurred by the State, provided that this
prohibition shall not apply to fund balances that are
necessary to comply with any State requirement to maintain a
balanced budget.
(7) Application considerations.--If, by a date set by the
Secretary, a Governor has not submitted an approvable
application under section 14005(a), the Secretary may provide
for the distribution of funds allocated under section
14001(d) to another entity or other entities in the State,
under such terms and conditions as the Secretary may
establish, provided that all terms and conditions that apply
to the appropriation under this heading shall apply to such
funds distributed to such entity or entities.
(8) Local educational agency application.--Section 442 of
the General Education Provisions Act does not apply to a
local educational agency that has previously submitted an
application to the State under title XIV of division A of the
American Recovery and Reinvestment Act of 2009. The
assurances provided under that application shall continue to
apply to funds awarded under this heading.
(9) Maintenance of effort.--The Secretary shall not
allocate funds to a State under paragraph (1) unless the
Governor of the State provides an assurance to the Secretary
that the State will--
(A) for fiscal year 2010--
(i) maintain State support for elementary, secondary, and
public higher education (not including support for capital
projects or research and development or tuition and fees paid
by students), in the aggregate, at the level of such support
for fiscal year 2009; or
(ii) maintain State support far elementary, secondary, and
public higher education (not including support for capital
projects or research and development or tuition and fees paid
by students), in the aggregate, at a level no less than such
support for fiscal year 2006, provided that if a State has
enacted a reduction to such aggregate level of fiscal year
2010 State support for elementary, secondary, and public
higher education after December 12, 2009, the State shall
maintain State support for elementary, secondary, and public
higher education at a percentage of the total revenues
available to the State that is equal to or greater than the
percentage provided for such purpose for fiscal year 2010
prior to December 12, 2009; and
(B) for fiscal year 2011--
(i) comply with subparagraph (A)(i); or
(ii) maintain State support, for elementary, secondary, and
public higher education (not including support, for capital
projects or research and development or tuition and fees paid
by students), in the aggregate, at a percentage of the total
revenues available to the State that is equal to or greater
than the percentage provided for such purpose for fiscal year
2010.
Student Financial Assistance
For an additional amount for ``Student Financial
Assistance'' to carry out part C of title IV of the Higher
Education Act of 1965, $300,000,000, which, shall remain
available through September 30, 2011.
Related Agencies
Corporation for National and Community Service
operating expenses
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operating Expenses'' to
carry out the Domestic Volunteer Service Act of 1973 (``1973
Act'') and the National and Community Service Act of 1990
(``1990 Act''), $132,000,000, which shall remain available
through September 30, 2011: Provided, That not less than
$90,000,000 of the funds made available in this paragraph
shall be used to make additional awards to existing
AmeriCorps grantees and may be used to provide adjustments to
[[Page 32497]]
awards under subtitle C of title I of the 1990 Act made prior
to September 30, 2011 for which the Chief Executive Officer
of the Corporation for National and Community Service
(``CEO'') determines that a waiver of the Federal share
limitation is warranted under section 2521.70 of title 45 of
the Code of Federal Regulations: Provided further, That up to
$30,000,000 shall be for programs under title I, part A of
the 1973 Act: Provided further, That any funds provided in
the previous proviso shall not be made available in
connection with cost-share agreements authorized under
section 192A(g)(10) of the 1990 Act: Provided further, That
of the amount made available in this paragraph, not less than
$7,000,000 shall be transferred to ``Salaries and Expenses''
to administer the funds provided in this paragraph, including
making any necessary information technology upgrades:
Provided further, That the CEO shall provide to the
Committees on Appropriations of the house of Representatives
and the Senate a fiscal year 2010 operating plan for the
funds appropriated in this paragraph prior to making any
Federal obligations of such funds in fiscal year 2010, but
not later than 90 days after the date of enactment of this
Act, and a fiscal year 2011 operating plan for such funds in
fiscal year 2011, but not later than November 1, 2010, that
detail the allocation of resources and the increased number
of members supported by the AmeriCorps programs: Provided
further, That the CEO shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a report on the actual obligations, expenditures, and
unobligated balances for each activity funded under this
heading not later than 90 clays after issuance of the
operating plan, and quarterly thereafter as long as funding
provided under this heading is available for obligation or
expenditure.
NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``National Service Trust''
established under subtitle D of title I of the National and
Community Service Act of 1990 (``1990 Act''), $68,000,000,
which shall remain available until expended: Provided, That
the Corporation for National and Community Service may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That the amount appropriated or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirements to apportion
funds under 31 U.S.C. 1513(b).
General Provision, This Chapter
ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED ZONE ACADEMY BONDS AND
QUALIFIED SCHOOL CONSTRUCTION BONDS
Sec. 1501. (a) In General.--Section 6431 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Application of Section to Qualified Zone Academy
Bonds and Qualified School Construction Bonds--
``(1) In General--In the case of any specified tax credit
bond--
``(A) such bond shall be treated as a qualified bond for
purposes of this section,
``(B) subsection (a) shall be applied without regard to the
requirement that the qualified bond be issued before January
1, 2011,
``(C) the amount of the payment determined under subsection
(b) with respect to any interest payment date under such bond
shall be equal to the lesser of--
``(i) the amount of interest payable under such bond on
such date, or
``(ii) the amount of interest which would have been payable
under such bond on such date if such interest were determined
at the applicable credit rate determined under section
54A(b)(3) with respect to such bond,
``(D) interest on any such bond shall be includible in
gross income for purposes of this title, and
``(E) no credit shall be allowed under section 54A with
respect to such bond.
``(2) Specified Tax Credit Bond.--For purposes of nets of
this subsection, the term `specified tax credit bond' means
any qualified tax credit bond (as defined in section 54A(d))
if--
``(A) such bond is a qualified zone academy bond (as
defined in section 54E) or a qualified school construction
bond (as defined in section 54F), and
``(B) the issuer of such bond makes an irrevocable election
to hare this subsection apply.''.
(b) Technical Corrections Relating to Qualified School
Construction Bonds.--
(1) The second sentence of section 54F(d)(1) of such Code
is amended by striking ``by the State'' and inserting ``by
the State education agency (or such other agency as is
authorized under State law to make such allocation)''.
(2) The second sentence of section 54F(e) of such Code is
amended by striking ``subsection (d)(4)'' and inserting
``paragraphs (2) and (4) of subsection (d)''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by this section shall apply to
bonds issued after December 31, 2009.
(2) Technical corrections.--The amendments made by
subsection (b) shall take effect as if included in section
1521 of the American Recovery and Reinvestment Tax Act of
2009.
CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for discretionary projects as authorized by subchapter
1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, $500,000,000: Provided, That such funds
shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under
chapter 471 of such title: Provided further, That the
Secretary shall distribute funds provided under this heading
as discretionary grants to airports using the criteria
established under chapters 471 and 475 of such title, but
with priority given to those projects that demonstrate to his
satisfaction their ability to be completed within 2 years of
enactment of this Act: Provided further, That the Secretary
shall award grants under this heading within 120 days of
enactment of this Act: Provided further, That the amount made
available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports
program set forth in any Act: Provided further, That the
Federal share payable of the costs for which a grant is made
under this heading shall be, at the option of the recipient,
up to 100 percent: Provided further, That the amounts
provided under this heading may be used for expenses the
agency incurs in administering this program in addition to
amounts provided for administrative expenses for the Grants-
in-Aid Airport Improvement Program from any other Act.
Federal Highway Administration
HIGHWAY INFRASTRUCTURE INVESTMENT
For an additional amount for ``Highway Infrastructure
Investment'' for restoration, repair, construction and other
activities eligible under paragraph (b) of section 133 of
title 23, United States Code, and for passenger and freight
rail transportation and port infrastructure projects eligible
for assistance under subsection 601(a)(8) of such title,
$27,500,000,000 to remain available through September 30,
2011: Provided, That, after making the set-asides required
under this heading, 50 percent of the funds made available
under this heading shall be apportioned to States using the
formula set forth in section 104(b)(3) of title 23, United
States Code, and the remaining funds shall be apportioned to
States in the same ratio as the obligation limitation for
fiscal year 2008 was distributed among the States in
accordance with the formula specified in section 120(a)(6) of
division K of Public Law 110-161: Provided further, That
funds made available under this heading shall be apportioned
not later than 21 days after the date of enactment of this
Act: Provided further, That in selecting projects to be
carried out with funds apportioned under this heading,
priority shall be given to projects that are projected for
completion within a 3-year time frame, and are located in
economically distressed areas as defined by section 301 of
the Public Works and Economic Development Act of 1965, as
amended (42 U.S.C. 3161): Provided further, That in selecting
projects to be carried out with funds apportioned under this
heading, States shall ensure an equitable geographic
distribution of funds and an appropriate balance in
addressing the needs of urban and rural communities in the
State: Provided further, That 90 days following the date of
such apportionment, the Secretary of Transportation shall
withdraw from each State an amount equal to 50 percent of the
funds awarded to that State less the amount of funding under
contract, as determined by the Secretary, and the Secretary
shall redistribute such amounts to other States that have had
no funds withdrawn under this proviso in the manner described
in section 120(c) of division K of Public Law 110-161:
Provided further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each
recipient of funds apportioned under this heading any funds
that are not under contract, as determined by the Secretary,
and the Secretary shall redistribute such amounts to States
that have had no funds withdrawn under this proviso in the
manner described in section 120(c) of division K of Public
Law 110-161: Provided further, That at the request of a
State, the Secretary of Transportation may provide an
extension of such 1-year period only to the extent that he
feels satisfied that the State has encountered extreme
conditions that create an unworkable bidding environment or
other extenuating circumstances: Provided further, That
before granting such an extension, the Secretary shall send a
letter to the House and Senate Committees on Appropriations
that provides a thorough justification for the extension:
Provided further, That 3 percent of the funds apportioned to
a State under this heading shall be set aside for the
purposes described in subsection 133(d)(2) of title 23,
United States Code (without regard to the comparison to
fiscal year 2005): Provided further, That 30 percent of the
funds apportioned to a State under this heading shall be
suballocated within the State in the manner and for the
purposes described in the first sentence of subsection
133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection
133(d)(3)(D): Provided further, That such suballocation shall
be conducted in every State: Provided further, That of the
funds provided under this heading,
[[Page 32498]]
$105,000,000 shall be for the Puerto Rico highway program
authorized under section 165 of title 23, United States Code,
and $45,000,000 shall be for the territorial highway program
authorized under section 215 of title 23, United States Code:
Provided further, That of the funds provided under this
heading, $60,000,000 shall be for capital expenditures
eligible under section 147 of title 23, United States Code
(without regard to subsection (d)): Provided further, That
the Secretary of Transportation shall distribute such
$60,000,000 as competitive discretionary grants to States,
with priority given to those projects that demonstrate to his
satisfaction their ability to be completed within 2 years of
enactment of this Act: Provided further, That of the funds
provided under this heading, $550,000,000 shall be for
investments in transportation at Indian reservations and
Federal lands: Provided further, That of the funds identified
in the preceding proviso, $310,000,000 shall be for the
Indian Reservation Roads program, $170,000,000 shall be for
the Park Roads and Parkways program, $60,000,000 shall be for
the Forest Highway Program, and $10,000,000 shall be for the
Refuge Roads program: Provided further, That for investments
at Indian reservations and Federal lands, priority shall be
given to capital investments, and to projects and activities
that can be completed within 2 years of enactment of this
Act: Provided further, That 1 year following the enactment of
this Act, to ensure the prompt use of the $550,000,000
provided for investments at Indian reservations and Federal
lands, the Secretary shall have the authority to redistribute
unobligated funds within the respective program for which the
funds were appropriated: Provided further, That up to 4
percent of the funding provided for Indian Reservation Roads
may be used by the Secretary of the Interior for program
management and oversight and project-related administrative
expenses: Provided further, That section 134(f)(3)(C)(ii)(II)
of title 23, United States Code, shall not apply to funds
provided under this heading: Provided further, That of the
funds made available under this heading, $20,000,000 shall be
for highway surface transportation and technology training
under section 140(b) of title 23, United States Code, and
$20,000,000 shall be for disadvantaged business enterprises
bonding assistance under section 332(e) of title 49, United
States Code: Provided further, That funds made available
under this heading shall be administered as if apportioned
under chapter 1 of title 23, United States Code, except for
funds made available for investments in transportation at
Indian reservations and Federal lands, and for the
territorial highway program, which shall be administered in
accordance with chapter 2 of title 23, United States Code,
and except for funds made available for disadvantaged
business enterprises bonding assistance, which shall be
administered in accordance with chapter 3 of title 49, United
States Code: Provided further, That the Federal share payable
on account of any project or activity carried out with funds
made available under this heading shall be, at the option of
the recipient, up to 100 percent of the total cost thereof:
Provided further, That funds made available by this paragraph
shall not be obligated for the purposes authorized under
section 115(b) of title 23, United States Code: Provided
further, That funding provided under this heading shall be in
addition to any and all funds provided for fiscal years 2010
and 2011 in any other Act for ``Federal-aid Highways'' and
shall not affect the distribution of funds provided for
``Federal-aid Highways'' in any other Act: Provided further,
That the amount made available under this heading shall not
be subject to any limitation on obligations for Federal-aid
highways or highway safety construction programs set forth in
any Act: Provided further, That section 1101(b) of Public Law
109-59 shall apply to funds apportioned under this heading:
Provided further, That the Administrator of the Federal
Highway Administration may retain up to $45,000,000 of the
funds provided under this heading to fund the oversight by
the Administrator of projects and activities carried out with
funds made available to the Federal Highway Administration in
this Act, of which $5,000,000 shall be for the Office of
Expedited Project Delivery in the Office of the Administrator
of the Federal Highway Administration, and such funds shall
be available through September 30, 2013.
Federal Railroad Administration
capital grants to the national railroad passenger corporation
For an additional amount for ``Capital Grants to the
National Railroad Passenger Corporation'' to enable the
Secretary of Transportation to make capital grants to The
National Railroad Passenger Corporation (Amtrak) as
authorized by section 101(c) of the Passenger Rail Investment
and Improvement Act of 2008 (Public Law 110-432),
$800,000,000, for fleet modernization, including
rehabilitation of existing and acquisition of new passenger
equipment, including fuel efficient locomotives: Provided,
That none of the funds provided under this heading shall he
used to subsidize the operating losses of Amtrak: Provided
further, That section 24305(f)(4)(B) of title 49, United
States Code, shall not apply to any new equipment acquired
with funds provided under this heading: Provided further,
That funds provided under this heading shall be awarded not
later than 60 days after the date of enactment of this Act.
Federal Transit Administration
transit capital assistance
For an additional amount for ``Transit Capital Assistance''
for transit capital assistance grants authorized under
section 5302(a)(1) of title 49, United States Code,
$6,150,000,000: Provided, That the Secretary of
Transportation shall provide 80 percent of the funds
appropriated under this heading for grants under section 5307
of title 49, United States Code, and apportion such funds in
accordance with section 5336 of such title (other than
subsections (i)(1) and (j)): Provided further, That the
Secretary shall apportion 10 percent of the funds
appropriated under this heading in accordance with section
5340 of such title: Provided further, That the Secretary
shall provide 10 percent of the funds appropriated under this
heading for grants under section 5311 of title 49, United
States Code, and apportion such funds in accordance with such
section: Provided further, That funds apportioned under this
heading shall be apportioned not later than 21 days after the
date of enactment of this Act: Provided further, That 90 days
following the date of such apportionment, the Secretary shall
withdraw from each urbanized area or State an amount equal to
50 percent of the funds apportioned to such urbanized areas
or States less the amount of funding under contract, as
determined by the Secretary, and the Secretary shall
redistribute such amounts to other urbanized areas or States
that have had no funds withdrawn under this proviso utilizing
whatever method he deems appropriate to ensure that all funds
redistributed under this proviso shall be utilized promptly:
Provided further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each
urbanized area or State any funds that are not under
contract, as determined by the Secretary, and the Secretary
shall redistribute such amounts to other urbanized areas or
States that have had no funds withdrawn under this proviso
utilizing whatever method he deems appropriate to ensure that
all finds redistributed under this proviso shall be utilized
promptly: Provided further, That at the request of an
urbanized area or State, the Secretary of Transportation may
provide an extension of such 1-year period if he feels
satisfied that the urbanized area or State has encountered an
unworkable bidding environment or other extenuating
circumstances: Provided further, That before granting such an
extension, the Secretary shall send a letter to the House and
Senate Committees on Appropriations that provides a thorough
justification for the extension: Provided further, That of
the funds provided for section 5311 of title 49, United
States Code, 2.5 percent shall be made available for section
5311(c)(1): Provided further, That of the funding provided
under this heading, $100,000,000 shall be distributed as
discretionary grants to public transit agencies for capital
investments that will assist in reducing the energy
consumption or greenhouse gas emissions of their public
transportation systems: Provided further, That for such
grants on energy-related investments, priority shall be given
to projects based on the total energy savings that are
projected to result from the investment, and projected energy
savings as a percentage of the total energy usage of the
public transit agency: Provided further, That applicable
chapter 53 requirements shall apply to funding provided under
this heading, except that the Federal share of the costs for
which any grant is made under this heading shall be, at the
option of the recipient, up to 100 percent: Provided further,
That the amount made available under this heading shall not
be subject to any limitation on obligations for transit
programs set forth in any Act: Provided further, That section
1101(b) of Public Law 109-59 shall apply to funds
appropriated under this heading: Provided further, That the
funds appropriated under this heading shall not be commingled
with any prior year funds: Provided further, That a recipient
and subrecipient of funds made available under this heading
may use up to 10 percent of the amount apportioned to a State
or urbanized area for the operating costs of equipment and
facilities for use in public transportation or for eligible
activities under section 5311(f): Provided further, That in
selecting projects to be carried out with funds apportioned
under this heading, priority shall be given to projects that
are located in economically distressed areas as defined by
section 301 of the Public Works and Economic Development Act
of 1965, as amended (42 U.S.C. 3161): Provided further, That
in selecting projects to be carried out with funds
apportioned under this heading, States shall ensure an
equitable geographic distribution of funds and an appropriate
balance in addressing the needs of urban and rural
communities in the State: Provided further, That
notwithstanding any other provision of law, three-quarters of
1 percent of the funds provided for grants under section 5307
and section 5340, and one-half of 1 percent of the funds
provided for grants under section 5311, shall be available
for administrative expenses and program management oversight,
and such funds shall be available through September 30, 2013.
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under
section 5309(b)(2) of title 49, United States Code,
$1,750,000,000: Provided, That the Secretary of
Transportation shall apportion funds under this heading
pursuant to the formula set forth in section 5337 of title
49, United States Code: Provided further, That the funds
appropriated under this heading shall not be commingled with
any prior year funds: Provided further, That funds made
available under this heading shall be apportioned not later
than 21 days after the date of enactment of this Act:
Provided further, That 90 days following the date of such
apportionment, the Secretary shall
[[Page 32499]]
withdraw from each urbanized area an amount equal to 50
percent of the funds apportioned to such urbanized area less
the amount of funding under contract, as determined by the
Secretary, and the Secretary shall redistribute such amounts
to other urbanized areas that have had no funds withdrawn
under this proviso utilizing whatever method he deems
appropriate to ensure that all funds redistributed under this
proviso shall be utilized promptly: Provided further, That 1
year following the date of such apportionment, the Secretary
shall withdraw from each urbanized area any funds that are
not under contract, as determined by the Secretary, and the
Secretary shall redistribute such amounts to other urbanized
areas that have had no funds withdrawn under this proviso
utilizing whatever method he deems appropriate to ensure that
all funds redistributed under this proviso shall be utilized
promptly: Provided further, That at the request of an
urbanized area, the Secretary of Transportation may provide
an extension of such 1-year period if he feels satisfied that
the urbanized area has encountered an unworkable bidding
environment or other extenuating circumstances: Provided
further, That before granting such an extension, the
Secretary shall send a letter to the House and Senate
Committees on Appropriations that provides a thorough
justification for the extension: Provided further, That
applicable chapter 53 requirements shall apply except that
the Federal share of the costs for which a grant is made
under this heading shall be, at the option of the recipient,
up to 100 percent: Provided further, That the provisions of
section 1101(b) of Public Law 109-59 shall apply to funds
made available under this heading: Provided further, That
notwithstanding any other provision of law, up to 1 percent
of the funds under this heading shall be available for
administrative expenses and program management oversight and
shall remain available for obligation until September 30,
2013.
capital investment grants
For an additional amount for ``Capital Investment Grants'',
as authorized under section 5338(c)(4) of title 49, United
States Code, and allocated under section 5309(m)(2)(A) of
such title, to enable the Secretary of Transportation to make
discretionary grants as authorized by section 5309(d) and (e)
of such title, $500,000,000, of which $1,500,000 shall be for
the Office of Expedited Project Delivery in the Office of the
Administrator of the Federal Transit Administration:
Provided, That such amount shall be allocated without regard
to the limitation under section 5309(m)(2)(A)(i): Provided
further, That in selecting projects to be funded, priority
shall be given to projects that are able to award contracts
within 90 days of enactment of this Act: Provided further,
That the provisions of section 1101(b) of Public Law 109-59
shall apply to funds made available under this heading:
Provided further, That funds appropriated under this heading
shall not be commingled with any prior year funds: Provided
further, That applicable chapter 53 requirements shall apply,
except that notwithstanding any other provision of law, up to
1 percent of the funds provided under this heading shall be
available for administrative expenses and program management
oversight, and shall remain available through September 30,
2013: Provided further, That, notwithstanding any other
provision of law, the provisions of section 3011(f) of Public
Law 109-59 shall apply to all projects evaluated under
sections 5309(d) and 5309(e) of title 49, United States Code,
and funded in fiscal years 2010 and 2011 with funds made
available in the Act or any other Act.
Maritime Administration
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized,
$100,000,000: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That the Maritime Administrator may retain, and
transfer to ``Maritime Administration, Operations and
Training'' up to 2 percent of the funds provided under this
heading to carry out the guaranteed loan program.
General Provision, Department of Transportation
Sec. 1601. (a) Maintenance of Effort.--
(1) Certification--
(A) Certification through september 30, 2010.--The
certification made by the Governor of each State under
section 1201(a) of division A of the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5, 123 Stat. 115, 212)
shall continue in effect under this Act.
(B) Certification through september 30, 2011.--Not later
than 30 days after the date enactment of this Act, for each
amount that is distributed to a State or agency thereof from
an appropriation in this Act for a covered program, the
Governor of the State shall certify to the Secretary of
Transportation that the State will maintain its effort with
regard to State funding for the types of projects that are
funded by the appropriation. As part of this certification,
the Governor shall submit to the Secretary of Transportation
a statement identifying the amount of State funds the State
planned to expend from State sources as of the date of
enactment of this Act for the period of October 1, 2010,
through September 30, 2011, for the types of projects that
are funded by the appropriation. For the period of October 1,
2010, through September 30, 2011, the Governor of a State may
calculate planned expenditures from State funds in the same
manner as under section 1201(a) of division A of the American
Recovery and Reinvestment Act of 2009 or may calculate the
amount by pro rating the amount certified under section
1201(a) of division A of the American Recovery and
Reinvestment Act of 2009 to establish the amount of planned
expenditures for such period.
(2) Definition of state funds.--For purposes of the
certifications required by section 1201(a) of division A of
the American Recovery and Reinvestment Act of 2009 and
paragraph (1)(B), State funding means State funds used for
transportation purposes that are expended by the State agency
that is primarily responsible for carrying out the covered
program. State funding does not include State transportation
funds that are expended by on at the direction of non-State
governmental entities.
(b) Requirement to Maintain Effort.--
(1) Reports.--Each State shall submit to the Department of
Transportation for each covered program the actual aggregate
expenditures from State funds during the period of February
17, 2009, through September 30, 2011, as compared to the
level of such expenditures from State funds that were planned
to occur during such period as certified in accordance with
subsection (a). The State shall submit the maintenance of
effort reports in the same manner and in the same timeframe
required by subsection (c), except the State is not required
to submit a maintenance of effort report on February 17,
2013. The covered agencies shall submit the reports to
Congress in accordance with subsection (c)(1).
(2) Determination of maintenance of effort.--A State is
deemed to have met its level of effort if the aggregate
amount of actual expenditures of State funds reported in the
February 17, 2012 report in accordance with paragraph (1)
meets or exceeds the aggregate amount of planned expenditures
of State funds identified in the certification required by
subsection (a).
(3) Penalty for failure to maintain effort.--If a State is
unable to maintain the level of effort certified pursuant to
subsection (a), the State will be prohibited by the Secretary
of Transportation from receiving additional limitation
pursuant to the redistribution of the limitation on
obligations for Federal-aid highway and highway safety
construction programs that occurs after August 1 for fiscal
year 2012.
(c) Periodic Reports.--
(1) In general.--Notwithstanding any other provision of
law, each grant recipient shall submit to the covered agency
from which they received funding periodic reports on the use
of the funds appropriated in this chapter for the Department
of Transportation for covered programs. Such reports shall be
collected and compiled by the covered agency and transmitted
to Congress. Covered agencies may develop such reports on
behalf of grant recipients to ensure the accuracy and
consistency of such reports.
(2) Contents of reports.--For amounts received under each
covered program by a grant recipient under this chapter for
the Department of Transportation, the grant recipient shall
include in the periodic reports information tracking--
(A) the amount of Federal funds appropriated, allocated,
obligated, and outlayed under the appropriation;
(B) the number of projects that have been put out to bid
under the appropriation and the amount of Federal funds
associated with such projects;
(C) the number of projects for which contracts have been
awarded under the appropriation and the amount of Federal
funds associated with such contracts;
(D) the number of projects for which work has begun under
such contracts and the amount of Federal funds associated
with such contracts;
(E) the number of projects for which work has been
completed under such contracts and the amount of Federal
funds associated with such contracts; and
(F) the number of direct, on-project jobs created or
sustained by the Federal funds provided for projects under
the appropriation and, to the extent possible, the estimated
indirect jobs created or sustained in the associated
supplying industries, including the number of job-years
created and the total increase in employment since the date
of enactment of this Act.
(3) Timing of reports.--Each grant recipient shall submit
the first of the periodic reports required under this
subsection not later than 1 year after the date of enactment
of the American Recovery and Reinvestment Act of 2009 and
shall submit updated reports not later than 15 months, 18
months, 2 years, 3 years, and 4 years after such date of
enactment.
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered agency.--The term ``covered agency'' means the
Federal Aviation Administration, the Federal Highway
Administration, the Federal Railroad Administration, the
Federal Transit Administration, and the Maritime
Administration of the Department of Transportation.
(2) Covered program.--The term ``covered program'' means
funds appropriated in this Act for Grants-in-Aid for
Airports'' to the Federal Aviation Administration; for
``Highway Infrastructure Investment'' to the Federal Highway
Administration; for ``Capital Grants to the National Railroad
Passenger Corporation'' to the Federal Railroad
Administration; for ``Transit Capital Assistance'', ``Fixed
Guideway Infrastructure Investment'', and ``Capital
Investment Grants'' to the Federal Transit Administration;
[[Page 32500]]
and for ``Maritime Guaranteed Loan (Title XI) Program
Account'' to the Maritime Administration.
(3) Grant recipient.--The term ``grant recipient'' means a
State or other recipient of assistance provided under a
covered program in this Act. Such term does not include a
Federal department or agency.
(e) Exemption.--Notwithstanding any other provision of law,
sections 3501-3521 of title 44 United States Code, shall not
apply to the provisions of this section.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
For an additional amount for the ``Public Housing Capital
Fund'' to carry out capital and management activities for
public housing agencies, as authorized under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) (in this
heading referred to as the ``Act''), $1,000,000,000:
Provided, That the Secretary of Housing and Urban Development
shall make the funds provided under this heading available by
competition for priority investments, including investments
that leverage private sector funding or financing for
renovations and energy conservation retrofit investments:
Provided further, That the Secretary shall obligate the funds
provided under this heading by such competition within 60
days of the date of the enactment of this Act: Provided
further, That in using the funds provided under this heading
public housing authorities shall give priority to capital
projects that can award contracts based on bids within 120
days from the date that the funds are made available to the
public housing authorities: Provided further, That in using
such funds provided under this heading public housing
agencies shall give priority consideration to the
rehabilitation of vacant rental units: Provided further, That
in using such funds provided under this heading public
housing agencies shall prioritize capital projects that are
already underway or included in the 5-year capital fund plans
required by section 5A of the Act (42 U.S.C. 1437c-1(a)):
Provided further, That notwithstanding any other provision of
law, funds provided under this heading (1) may not be used
for operating or rental assistance activities, and (2) shall
not be subject to any restriction of funding to replacement
housing uses: Provided further, That notwithstanding section
9(j) of the Act, public housing agencies shall obligate 50
percent of the funds provided under this heading within 180
days of the date on which such funds become available to the
agency for obligation, and shall expend 100 percent of such
funds within one year of the date on which such funds become
available to the agency for obligation: Provided further,
That if a public housing agency fails to comply with the 180-
day obligation requirement under the preceding proviso, the
Secretary shall recapture all funds provided under this
heading awarded to the public housing agency that remain
unobligated and reallocate such funds to agencies that are in
compliance with such requirement: Provided further, That in
administering funds appropriated or otherwise made available
under this heading, the Secretary may waive or specify
alternative requirements for any provision of any statute or
regulation in connection with the obligation by the Secretary
or the use of such funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the
environment), upon a finding that such a waiver is necessary
to expedite or facilitate the use of such funds: Provided
further, That, in addition to waivers authorized under the
preceding proviso, the Secretary may direct that requirements
relating to the procurement of goods and services arising
under State and local laws and regulations shall not apply to
funds provided under this heading.
Community Planning and Development
HOUSING TRUST FUND
For the Housing Trust Fund established pursuant to section
1338 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for
use under such section: Provided, That of the total amount
provided under this heading, $65,000,000 shall be available
to the Secretary of Housing and Urban Development only for
incremental project-based voucher assistance or project-based
rental assistance, to be allocated to States pursuant to the
formula established under such section 1338, to be used
solely in conjunction with grant funds awarded under such
section 1338.
CHAPTER 7--GENERAL PROVISIONS, THIS TITLE
tarp reduction
Sec. 1701. The limitation under section 115(a)(3) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5225(a)(3)) in effect on the (date of the enactment of this
Act is decreased by $150,000,000,000.
LIMIT ON FUNDS
Sec. 1702. All funds provided under this title shall be
subject to the requirements of section 1604 of division A of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5).
RECOVERY ACT REPORTING REQUIREMENTS
Sec. 1703. (a) Funds made available by this title shall be
subject to the reporting, transparency, and oversight
requirements established by title XV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5), on the same basis as funds made available in division
A of that Act.
(b) Amounts appropriated in division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) to
any Office of Inspector General or to the Recovery
Accountability and Transparency Board shall also be available
for the same purposes with respect to any programs, grants,
projects, and activities for which funds are made available
by this title.
TITLE II--SURFACE TRANSPORTATION EXTENSION
short title
Sec. 2001. This title may be cited as the ``Surface
Transportation Extension Act of 2009''.
federal-aid highways
Sec. 2002. (a) In General.--
(1) Applicability of provisions.--Except as provided in
this title, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the
SAFETEA-LU Technical Corrections Act of 2008 (122 Stat.
1572), titles I and VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914),
titles I and V of the Transportation Equity Act for the 21st
Century (112 Stat. 107), and title 23, United States Code
(excluding chapter 4 of that title), which would otherwise
expire on or cease to apply after September 30, 2009, or the
date specified in section 106(3) of the Continuing
Appropriations Resolution, 2010 (Public Law 111-68), are
incorporated by reference and shall continue in effect
through September 30, 2010.
(2) Authorization of appropriations.--Except as provided in
subsection (b), there are authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) for fiscal year 2010 an amount equal to the sum of
the amounts authorized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Account) for
programs, projects, and activities for fiscal year 2009 under
titles I, V, and VI of SAFETEA-LU (119 Stat. 1144) and title
23, United States Code (excluding administrative expenses
under section 104(a) and programs, projects, and activities
under chapter 4 of that title), minus $1,394,358,419.
(3) Use of funds.--
(A) Fiscal year 2010.--Except as otherwise expressly
provided in this title, funds authorized to be appropriated
under paragraph (2) for fiscal year 2010 shall be
distributed, administered, limited, and made available for
obligation in the same manner as the total amount of funds
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) for fiscal year 2009 to
carry out programs, projects, activities, eligibilities, and
requirements under SAFETEA-LU (119 Stat. 1144), the SAFETEA-
LU Technical Corrections Act of 2008 (122 Stat. 1572), titles
I and VI of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1914), titles I and V of the
Transportation Equity Act for the 21st Century (112 Stat.
107), and title 23, United States Code (excluding chapter 4
of that title).
(B) Calculation.--The amounts authorized to be appropriated
under paragraph (2) shall be calculated without regard to any
rescission or cancellation of funds or contract authority for
fiscal year 2009 under SAFETEA-LU (119 Stat. 1144) or any
other law.
(C) Distribution between programs.--Funds authorized to be
appropriated under paragraph (2) shall be distributed under
subparagraph, (A) among programs, projects, and activities
referenced in such subparagraph in the ratio that--
(i) the amount authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for
such program, project, or activity for fiscal year 2009; bear
to
(ii) the amount authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for
all such programs, projects, and activities for fiscal year
2009.
(D) Contract authority.--
(i) In general.--Except as provided in clause (ii), funds
authorized to be appropriated under this subsection shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code, and subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs
included in an Act making appropriations for fiscal year
2010.
(ii) Exceptions.--
(I) In general.--A limitation on obligations described in
clause (i) shall not apply to any obligation under--
(aa) section 125 of title 23, United States Code; or
(bb) section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000.
(II) Special rules.--Except as otherwise expressly provided
by this title, any special rule that applied in fiscal year
2009 to any program, project, or activity for which funds are
authorized to be appropriated under paragraph (2) shall
continue to apply through September 30, 2010.
Extension flexibility for certain allocated programs.--
(A) Fiscal year 2010.--
(i) In general.--Notwithstanding any other provision of
law, for fiscal year 2010, the portion of the share of funds
of a State under paragraph (2) determined by the amount that
the State received or was authorized to receive for fiscal
year 2009 to carry out sections 1307, 1702, and 1934 of
SAFETEA-LU (119 Stat. 1217, 1256, and 1485) and section
144(f)(1) of title 23, United States Code, shall be--
(I) made available to the State for programs specified in
section 105(a)(2) of title 23, United States Code (except the
high priority projects program), and in the same proportion
for each such program that--
[[Page 32501]]
(aa) the amount apportioned to the State for that program
for fiscal year 2009; bears to
(bb) the amount apportioned to the State for fiscal year
2009 for all such programs; and
(II) administered in the same manner and with the same
period of availability as such funding as administered under
programs identified in clause (i), except that no funds may
be used to carry out the project described in section
1307(d)(1) of SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).
(ii) Territories and puerto rico.--
(I) In general.--Notwithstanding any other provision of
law, the portion of the share of funds of a territory or
Puerto Rico under paragraph (2) determined by the amount that
the territory or Puerto Rico received or was authorized to
receive for fiscal year 2009 to carry out section 1934 of
SAFETEA-LU (119 Stat. 1485), shall be--
(aa) for a territory, made available and administered in
the same manner as funding is made available and administered
under section 215 of title 23, United States Code; and
(bb) for Puerto Rico, made available and administered in
the same manner as funding is made available and administered
under section 165 of title 23, United States Code.
(II) Territory defined.--In this clause, the term
``territory'' means any of the following territories of the
United States: American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, or the United States Virgin
Islands.
(B) Additional funds.--
(i) In general.--No additional funds shall be provided for
any project or activity under paragraph (3)(A) that the
Secretary of Transportation determines was sufficiently
funded before or during fiscal year 2009 to achieve the
authorized purpose of the project or activity.
(ii) Reservation and redistribution among states.--
(I) In general.--Funds made available in accordance with
paragraph (3)(A) for a project or activity described in
clause (i) shall be--
(aa) reserved by the Secretary of Transportation; and
(bb) apportioned among all States such that each State's
share of funds so apportioned is equal to the State's share
for fiscal year 2009 of funds apportioned or allocated for
the programs specified in subclause (II).
(II) Specific programs.--The programs referred to in
subclause (I) are--
(aa) the programs listed in section 105(a)(2) of title 23,
United States Code;
(bb) the program authorized by section 144(f)(1) of such
title; and
(cc) the program authorized by section 1934 of SAFETEA-LU
(119 Stat. 1485).
(iii) Distribution among programs.--Funds apportioned to a
State pursuant to clause (ii) shall be--
(I) made available to the State for programs specified in
section 105(a)(2) of title 23, United States Code (except the
high priority projects program), and in the same proportion
fir each such program that--
(aa) the amount apportioned to the State for that program
fir fiscal year 2009; bears to
(bb) the amount apportioned to the State for fiscal year
2009 for all such programs; and
(II) administered in the same manner and with the same
period of availability as such, funding is administered under
programs identified in subclause (I).
(C) Competitive distribution of certain discretionary
funds.--
(i) Projects of national and regional significance.--
Notwithstanding section 1301(m) of SAFETEA-LU (119 Stat.
1202), the Secretary shall allocate funds authorized to be
appropriated under paragraph (2) for the projects of national
and regional significance program on the basis of a
competitive selection process in accordance with sections
1301(d), 1301(e), and 1301(f) of that Act (119 Stat. 1199).
(ii) National corridor infrastructure improvement
program.--Notwithstanding section 1302 (e) of SAFETEA-LU (119
Stat. 1205), the Secretary shall allocate finds authorized to
be appropriated under paragraph (2) for the national corridor
infrastructure improvement program on the basis of a
competitive selection process in accordance with section
1302(b) of that Act (119 Stat. 1204).
(5) Extension of authorization under title v of safetea-
lu.--
(A) In general.--The programs authorized under paragraphs
(1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat.
1779) shall be continued for fiscal year 2010 at the funding
levels authorized for those programs for fiscal year 2009.
(B) Distribittion of funds.--Funds for programs continued
under subparagraph (A) shall be distributed to major program
areas under those programs in the same proportions as funds
were allocated for those program areas for fiscal year 2009,
except that designations for specific activities shall not be
required to be continued for fiscal year 2010.
(C) Additional funds.--
(i) In general.--No additional funds shall be provided for
any project or activity under this paragraph that the
Secretary of Transportation determines was sufficiently
funded before or during fiscal year 2009 to achieve the
authorized purpose of the project or activity.
(ii) Distribution.--Funds that would have been made
available under subparagraph (A) for a project or activity
but for the prohibition under clause (i) shall be distributed
in accordance with subparagraph (B).
(b) Administration Expenses.--
(1) Authorization of contract authority.--Notwithstanding
other provision of this title or any other law, there is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account), $420,562,000 for
administrative expenses of the Federal-aid highway program
for fiscal year 2010.
(2) Contract authority.--Funds authorized to be
appropriated by this subsection shall be--
(A) available for obligation, and shall be administered, in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that such
funds shall remain available until expended; and
(B) subject to a limitation on obligations for Federal-aid
highways and highway safety construction programs included in
an Act making appropriations for fiscal year 2010.
(c) Reconciliation of Funds.--The Secretary shall reduce
the amount apportioned or allocated for a program, project,
or activity continued under this section by any amount
apportioned or allocated for such program, project, or
activity pursuant to the Continuing Appropriations
Resolution, 2010 (Public Law 111-68).
(d) References.--Except as otherwise expressly provided,
any reference in this section to an Act, or a provision
contained in on Act, shall be considered to include the
amendments made by that Act or provision.
EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Sec. 2003. (a) Chapter 4 Highway Safety Programs.--Section
2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$235,000,000 for fiscal year 2010''.
(b) Highway Safety Research and Development.--Section
2001(a)(2) of such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$105,500,000 for fiscal year 2010''.
(c) Occupant Protection Incentive Grants.--
(1) Extension of program.--Section 405 of title 23, United
States Code, is amended--
(A) in subsection (a)(3) by striking ``6'' and inserting
``7''; and
(B) in subsection (a)(4)(C) by striking ``in each of the
fifth and sixth fiscal years beginning after September 30,
2003,'' and inserting ``in each subsequent fiscal year''.
(2) Authorization of appropriations.--Section 2001(a)(3) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``, and
$25,000,000 for fiscal year 2010''.
(d) Safety Belt Performance Grants.--
(1) Extension of program.--Section 406(c)(1) of title 23,
United States Code, is amended by striking ``2009'' and
inserting ``2010''.
(2) Authorization of appropriations.--Section 2001(a)(4) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``, and
$124,500,000 for fiscal year 2010''.
(e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$34,500,000 for fiscal year 2010''.
(f) Alcohol-Impaired Driving Countermeasures Incentive
Grant Program.--
(1) Extension of program.--Section 410 of title 23, United
States Code, is amended--
(A) in subsection (a)(3)(C) by striking ``in each of the
fifth, sixth, seventh, and eighth fiscal years'' and
inserting ``in each subsequent fiscal year''; and
(B) in subsection (b)(2)(C) by striking ``and 2009'' and
inserting ``, 2009, and 2010''.
(2) Authorization of appropriations.--Section 2001(a)(6) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``, and
$139,000,000 for fiscal year 2010''.
(g) National Driver Register.--Section 2001(a)(7) of such
Act (119 Stat. 1520) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``and
$4,000,000 for fiscal year 2010''.
(h) High Visibility Enforcement Program.--
(1) Extension of program.--Section 2009(a) of such Act (23
U.S.C. 402 note; 119 Stat. 1535) is amended by striking
``2009'' and inserting ``2010'.
(2) Authorization of appropriations.--Section 2001(a)(8) of
such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the second place it appears
the following: ``, and $29,000,000 for fiscal year 2010''.
(i) Motorcyclist safety.--
(1) Extension of program.--Section 2010(d)(1)(B) of such
Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by
striking ``and fourth'' and inserting ``fourth, and fifth''.
(2) Authorization of appropriations.--Section 2001(a)(9) of
such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``, and
$7,000,000 far fiscal year 2010''.
(j) Child Safety and Child Booster Seat Safety Incentive
Grants.--
(1) Extension of program.--Section 2011(c)(2) of such Act
(23 U.S.C. 405 note; 119
[[Page 32502]]
Stat. 1538) is amended by striking ``fourth fiscal year'' and
inserting ``fourth and fifth fiscal years''.
(2) Authorization of appropriations.--Section 2001(a)(10)
of such Act (11.9 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``, and
$7,000,000 for fiscal year 2010''.
(k) Administrative Expenses.--Section 2001(a)(11) of such
Act (119 Stat. 1520) is amended--
(1) by striking ``and'' the last place it appears; and
(2) by inserting after ``2009'' the following: ``, and
$18,500,000 for fiscal year 2010''.
(l) Applicability of Title 23.--Section 2001(c) of such Act
(119 Stat. 1520) is amended by striking ``2009'' and
inserting ``2010''.
(m) Drug-Impaired Driving Enforcement.--Seetion 5013(7) of
such Act (23 U.S.C. 103 note; 119 Stat. 1:540) is amended by
striking ``2009'' and inserting ``2010''.
(n) Older Driver Safety; Law Enforcement Training.--Section
2017 of such Act (23 (U.S.C. 402 note; 119 Stat. 1541) is
amended--
(1) in subsection (a)(1) by striking ``2009'' and inserting
``2010''; and
(2) in subsection (b)(2) by striking ``2009'' and inserting
``2010''.
EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS
Sec. 2004. (a) Motor Carrier Safety Grants--Section
31104(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $212,070,000 for fiscal year 2010.''.
(b) Administrative Expenses.--Section 31104(1)(1) of title
49, United States Code is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $239,828,000 for fiscal year 2010.''.
(c) High Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``2009'' and
inserting ``2010''.
(d) Grant Program.--Section 4104(c) of SAFETEA-LU (119
Stat. 1715) is amended--
(1) in paragraph (1) by striking ``2009'' and inserting
``2010'';
(2) in paragraph (2) by striking ``and 2009'' and inserting
``2009, and 2010'';
(3) in paragraph (3) by striking ``and 2009'' and inserting
``2009, and 2010'';
(4) in paragraph (4) by striking ``2009'' and inserting
``2010''; and
(5) in paragraph (5) by striking ``2009'' and inserting
``2010''.
(e) Commercial Driver's License Information System
Modernization.--Section 4123(d) of SAFETEA-LU (119 Stat.
1736) is amended--
(1) by striking ``and'' at the end of paragraph. (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding it the end the following:
``(5) $8,000,000 for fiscal year 2010.''.
(f) Outreach and Education.--Section 4127(e) of such Act
(119 Stat. 1741) is amended by striking ``and 2009'' and
inserting ``2009, and 2010''.
(g) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of such Act (119 Stat. 1744) is amended by
striking ``2009'' and inserting ``2010''.
(h) Working Group for Development of Practices and
Procedures to Enhance Federal-State Relations.--Section
4213(d) of such Act (119 Stat. 1759) is amended by striking
``2009'' and inserting ``2010''.
(i) Office of Intermodalism.--Section 5503(1) of title 49,
United States Code, is amended by striking ``2009'' and
inserting ``2010''.
EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS
SEC. 2005. (a) Extension of Federal Transit Assistance
Programs.--Except as otherwise provided in this title,
requirements, authorities, conditions, eligibilities,
limitations, and other provisions authorized under title III
of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572), title III of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2087), title III of the Transportation Equity Act for
the 21st Century (112 Stat. 338), and chapter 53 of title 49,
United States Code, which would otherwise expire on or cease
to apply after September 30, 2009, or the date specified in
section 106(3) of the Continuing Appropriations Resolution,
2010 (Public Law 111-68), are incorporated by reference and
shall continue in effect through September 30, 2010.
(b) Authorizations.--For fiscal year 2010--
(1) their shall be available from the Mass Transit Account
of the Highway Trust Fund $8,343,171,000 for each Federal
transit assistance program under section 5338(b) of title 49,
United States Code, to be allocated among such programs in
proportion to the amounts provided for each such program in
fiscal year 2009; and
(2) there is authorized to be appropriated $2,164,581,000
for each Federal transit program under subsections (c) and
(d) of section 5338 of title 49, United States Code, and for
administrative expenses under subsection (e) of such section.
(c) Exceptions.--
(1) Projects for Bus and Bus-Related Facilities and Clean
Fuels Grant Program.--The project designations contained in
section 3044 of SAFETEA-LU ( 119 Stat. 1652) shall not apply
to funds made available under subsection (b)(1).
(2) Allocations for National Research and Technology
Programs.--A program, project, or activity identified in
section 3046 of SAFETEA-LU (119 Stat 1706) that the Secretary
of Transportation determines was sufficiently funded before
or during fiscal year 2009 to achieve the authorized purpose
of the program, project, or activity shalt not be eligible
for funds authorized to be appropriated under subsection
(b)(2).
(d) Contract Authority--A grant or contract approved by the
Secretary and financed with amounts made available from the
Mass Transit Account of the Highway Trust Fund through
September 30, 2010, to carry out sections 5305, 5307, 5308,
5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of
title 49, United States Code, and section 3038 of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note; 112 Stat. 392) is a contractual obligation of the
Government to pay the Federal share of the cost of the
project.
(e) Reconciliation of Funds.--The Secretary shall reduce
the amount apportioned or allocated for a program, project,
or activity continued under this section by any amount
apportioned or allocated for such program, project, or
activity pursuant to the Continuing Appropriation Resolution,
2010 (Public Law 111-68).
(f) References.--Except as otherwise expressly provided,
any reference in this section to an Act, or a provision
contained in an Act, shall be considered to include the
amendments made by that Act or provision.
boating safety extension
Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a) by striking ``2009, and the period
from October 1, 2009, and the period from October 1, 2009,
through the date specified in section 106(3) of the first
Continuing Appropriations Resolution for Fiscal Year 2010
enacted into law, and inserting ``2010,''; and
(2) in subsection (b)(1)(A) by striking ``2009 and the
period from October 1, 2009, through the date specified in
section 106(3) of the first Continuing Appropriations
Resolution for Fiscal Year 2010 enacted into law,'' and
inserting ``2010,''.
LEVEL OF OBLIGATION LIMIITATIONS
Sec. 2007. (a) Highway Category--Section 8003(a) of
SAFETEA-LU (119 Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) for fiscal year 2010, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU
(119 Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) for fiscal year 2010, $10,338,065,000.''.
HAZARDOUS MATERIALS RESEARCH
SEC. 2008. Section 7131(e) of SAFETEA-LU (119 Stat. 1910)
is amended by striking ``2009'' and inserting ``2010''.
EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS
SEC. 2009. (a) Highway Trust Fund.--
(1) Highway Account.--Paragraph (1) of section 9503(c) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``September 30, 2009 (October 1, 2009'' and
inserting ``September 30, 2010 (October 1, 2010'', and
(B) by striking ``under'' and all that follows and
inserting ``under the Surface Transportation Extension Act of
2009 or any other provision of law which was referred to in
this paragraph before the date of the enactment of such Act
(as such Act and provisions of law are in effect on the date
of the enactment of such Act).''.
(2) Mass Transit Account.--Paragraph (3) of section
95303(e) of such Code is amended--
(A) by striking ``October 1, 2009'' and inserting ``October
1, 2010'', and
(B) by striking ``in accordance with'' and all that follows
and inserting ``in accordance with the Surface Transportation
Extension Act of 2009 or any other provision of law which was
referred to in this paragraph before the date of the
enactment of such Act (as such Act and provisions of law are
in effect on the date of the enactment of such Act).''.
(3) Exception to Limitation on Transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by striking
``September 30, 2009 (October 1, 2009'' and inserting
``September 30, 2010 (October 1, 2010''.
(b) Sport Fish Restoration and Boating Trust Fund.--
(1) In General.--Paragraph (2) of section 9504(b) of such
Code is amended--
(A) by striking ``(as in effect'' in subparagraph. (A) and
all that follows in such subparagraph and inserting ``(as in
effect on the date of the enactment of the Surface
Transportation Extension Act of 2009),'',
(B) by striking ``(as in effect'' in subparagraph (B) and
all that follows in such subparagraph and inserting ``(as in
effect on the date of the enactment of the Surface
Transportation Extension Act of 2009), and'', and
(C) by striking ``(as in effect'' in subparagraph (C) and
all that follows in such subparagraph and inserting ``(as in
effect on the date of
[[Page 32503]]
the enactment of the Surface Transportation Extension Act of
2009).''.
(2) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October
1, 2009'' and inserting ``October 1, 2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on September 30, 2009.
DETERMINATION OF HIGHWAY TRUST FUND BALANCES
Sec. 2010. (a) Restoration of Certain Foregone Interest to
Highway Trust Fund.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 (relating to determination of
trust fund balances after September 30, 1998) is amended--
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraph:
``(2) Restoration of foregone interest.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated (without fiscal year limitation)--
``(A) $14,700,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) of the Highway Trust Fund, and
``(B) $4,800,000,000 to the Mass Transit Account of the
Highway Trust Fund.''.
(b) Repeal of Provision Prohibiting Crediting of Interest
to Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(f) of such
Code is amended by striking subparagraph (B).
(2) Conforming amendments.--Such paragraph, as amended by
paragraph (1), is further amended--
(A) by striking ``, and'' at the end of subparagraph (A)
and inserting a period, and
(B) by striking ``1998'' in the matter preceding
subparagraph (A) and all that follows through ``the opening
balance'' and inserting ``1998, the opening balance''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITS
Sec. 2011. (a) In General.--Subsection (c) of section 9503
of the Internal Revenue Code of 1986 is amended by striking
paragraph (2) and by redesignating paragraphs (3), (4), (5),
and (6) as paragraphs (2), (3), (4), and (5).
(b) Conforming Amendments.--
(1) Section 9502(a) of such Code is amended by striking
``section 9503(c)(7)'' and inserting ``section 9503(c)(5)''.
(2) Section 9503(b)(4)(D) of such Code is amended by
striking ``paragraph (4)(D) or (5)(B)'' and inserting
``paragraph, (3)(D) or (4)(B)''.
(3) Section 9503(c)(2) of such Code, as redesignated by
subsection (a), is amended by adding at the end the following
sentence: ``The amounts payable from the Highway Trust Fund
under the preceding sentence shall be determined by taking
into account only the portion of the taxes which are
deposited into the Highway Trust Fund.''.
(4) Section 9503(e)(5)(A) of such Code is amended by
striking ``paragraphs (2), (3), and (4)'' and inserting
``paragraphs (2) and (3)''.
(5) Section 9504(a) of such Code is amended by striking
``section 9503(c)(4), section 9503(c)(5)'' and inserting
``section 9503(c)(3), section 9503(c)(4)''.
(6) Section 9504(b)(2) of such Code is amended by striking
``section 9503(c)(5)'' and inserting ``section 9503(c)(4)''.
(7) Section 9504(e) of such Code is amended by striking
``section 9503(c)(4)'' and inserting ``section 9503(c)(3)''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid, and credits allowed with respect
to fuel used, in calendar quarters beginning after the date
of the enactment of this Act.
FEDERAL SHARE
Sec. 2012. (a) In General.--Notwithstanding any other
provision of law, the Federal share of the cost of a covered
project or activity (or portion of a covered project or
activity) funded with amounts obligated during the period
beginning on the date of enactment of this Act and ending on
September 30, 2010, shall be, at the option of the recipient,
up to 100 percent.
(b) Covered Project or Activity Defined.--
(1) In general.--In this section, the term ``covered
project or activity'' means a project or activity eligible
for assistance under titles I through VI of SAFETEA-LU (119
Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008
(122 Stat. 1572), titles 1 through VI of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1914), titles I through V of the Transportation Equity Act
for the 21st Century (112 Stat. 107), title 23, United States
Code, chapter 53 of title 49, United States Code, chapter 303
of title 49, United States Code, chapter 303 of title 49,
United States Code, or part B of subtitle VI of title 49,
United States Code.
(2) Exclusions.--Notwithstanding paragraph (1), the term
does not include a project or activity funded pursuant to--
(A) seciton 1301 or 1302 of SAFETEA-LU (119 Stat. 1198,
1204); SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572), titles I through VI
of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1914), titles I through V of the
Transportation Equity Act for the 21st Century (112 Stat.
107), title 23, United States Code, chapter 303 of title 49,
United States Code, or part B of subtitle VI of title 49,
United States Code.
(2) Exclusions.--Notwithstanding paragraph (1), the term
does not include a project or activity funded pursuant to
Chapter 53 of title 49, United States Code,
(A) section 1301 Or 1302 of SAFETEA-LU (119 Stat. 1198,
1204);
(B) section 5309(d) or 5309(e) of title 49, United States
Code;
(C) the national infrastructure investments program in the
Office of the Secretary of Transportation; or
(D) section 122 of the Department of Transportation
Appropriations Act, 2010.
(c) References.--Any reference in this section to an Act,
or a provision contained in an Act, shall be considered
include the amendments made by that Act or provision.
buy america requirements for highway and public transportation projects
Sec. 2013. (a) Highways.--Section 313 of title 23, United
States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (b) the following:
``(c) Requirements for Issuance of Waivers.--
``(1) Public interest waivers.--The Secretary may issue a
waiver under subsection (b)(1) only after the Secretary has
considered the potential impacts of the waiver on domestic
manufacturing employment.
``(2) Insufficient domestic source waivers.--The Secretary
may issue a waiver under subsection (b)(2) with respect to a
material or product only if the Secretary publishes notice of
the waiver on the Internet for a period of at least 5
business days prior to issuance of the waiver and a
sufficient domestic source of the material or product does
not identify itself during the period.
``(d) Transparency of Waivers.--
``(1) In general.--When the Secretary receives a written
request for a waiver under this section, the Secretary
shall--
``(A) publish the request on the Internet within 5 business
days of the date of receipt of the request; and
``(B) if the Secretary decides to issue a waiver based on
the request, publish on the Internet, within 30 days
following the date of issuance of the waiver, a detailed
written justification as to why the waiver is necessary,
including an identification of the amount of Federal funds
associated with the waiver.
``(2) Employment impact statement.--In issuing a waiver
based on a finding under subsection (b)(1), the Secretary
shall include, as part of the Secretary's written
justification for the waiver decision, a statement detailing
the short- and long-term impact of the decision on domestic
manufacturing employment.''; and
(3) by adding at the end the following:
``(1) Application to Bridge Projects.--In the case of a
bridge project, the requirements of this section apply to all
construction contracts carried out within the scope of the
applicable decision under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and carried out on the
bridge from abutment to abutment (including the abutments)
regardless of the funding source of the contracts if at least
one contract for construction with respect to the bridge is
funded with amounts made available under this title.''.
(b) Public Transportation.--Section 5323(j) of title 49,
United States Code, is amended--
(1) in paragraph (2)(C) in the matter preceding clause (i)
by inserting ``, but excluding a rolling stock prototype''
after ``equipment'';
(2) by redesignating paragraphs (3) through (9) as
paragraphs (5) through (11), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Requirements for issuance of waiver.--
``(A) Public interest waivers.--The Secretary may issue a
waiver under paragraph (2)(A) only after the Secretary has
considered the potential impacts of the waiver on domestic
manufacturing employment.
``(B) Insufficient domestic source waivers.--The Secretary
may issue a waiver under paragraph (2)(B) with respect to a
material or product only if the Secretary publishes notice of
the waiver on the Internet for a period of at least 5
business days prior to issuance of the waiver and a
sufficient domestic source of the material or product does
not identify itself during the period.
``(4) Transparency of waivers.--
``(A) In General.--When the Secretary receives a written
request for a waiver under this subsection, the Secretary
shall--
``(i) publish the request on the Internet within 5 business
days of the date of receipt of the request; and
``(ii) if the Secretary decides to issue a waiver based on
the request, publish on the Internet, within 30 days
following the date of issuance of the waiver, a detailed
written justification as to why the waiver is necessary,
including an identification of the amount of Federal funds
associated with the waiver.
``(B) Employment impact statement.--In issuing a waiver
based on a finding under paragraph (2)(A), the Secretary
shall include, as part of the Secretary's written
justification of the waiver decision, a statement detailing
the short- and long-term impact of the decision on domestic
manufacturing employment.''.
(c) Implementation.--
(1) Final guidance.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue final
guidance to carry out the amendments made by this section.
(2) Effective date.--The requirements of the amendments
made by subsections (a) and (b)
[[Page 32504]]
shall begin to apply only after issuance of final guidance by
the Secretary under paragraph (1).
(d) Semiannual Report.--Not later than 6 months after the
date of enactment of this Act, and semiannually thereafter
through September 30, 2011, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Education and Labor of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report on the number of waivers issued by the
Secretary of Transportation under section 313(b) of title 23,
United States Code, and section 5323(j)(2) of title 49,
United States Code, the reasons relied upon for issuing the
waivers, and the amount of Federal funds associated with each
waiver and in total for the period examined.
TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
General Provision, This Chapter
RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF
AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT
Sec. 3101. (a) In General.--To the extent permitted by the
Constitution, and notwithstanding any other period of
limitations, in the case of an eligible complaint alleging
discrimination in violation of the Equal Credit Opportunity
Act (15 U.S.C. 1691) involving a credit program of the
Department of Agriculture, a complainant may, before the end
of the filing period--
(1) file a civil action under subsection (c); or
(2) request administrative review under subsection (d).
(b) Eligible Complaint.--For purposes of this section, the
term ``eligible complaint'' means any written complaint--
(1) that is not employment related;
(2) that was filed with the Department of Agriculture after
December 31, 1997, and before the earlier of--
(A) 2 years after the date of the alleged violation of the
Equal Credit Opportunity Act; and
(B) the date of the enactment of this Act; and
(3) with respect to which the complainant--
(A) was not a party to the consent decree in the case
entitled ``Pigford v. Glickman'', approved by the United
States District Court for the District of Columbia on April
14, 1999; and
(B) has not obtained relief from the Department of
Agriculture or a court of competent jurisdiction.
(c) Civil Action.--A civil action may be filed under this
subsection if, with respect to the eligible complaint, the
complainant--
(1) has not requested administrative review; or
(2) has requested administrative review, and the Secretary,
with respect to each request, has either--
(A) issued a determination; or
(B) failed to issue a determination by a date that is 180
days after the date such request was made.
(d) Administrative Review.--Administrative review may be
requested under this subsection as follows:
(1) Determination on the merits.--A complainant may request
a determination on the merits if the complainant, with
respect to the eligible complaint, has not filed a civil
action.
(2) Hearing on the record--A complainant may request a
hearing on the record if the complainant, with respect to the
eligible complaint--
(A) has not filed a civil action;
(B) has requested a determination on the merits, and the
Secretary has not issued such determination by the issuance
deadline in subsection (f)(2)(A); and
(C) requests such hearing no later than 180 days after the
issuance deadline in subsection (f)(2)(A).
(e) Informal Resolution.--Notwithstanding any other
provision of this section, the Secretary may informally
resolve an eligible complaint with a complainant.
(f) Special Rules for Administrative Review.--For purposes
of this section:
(1) Requests for Administrative Review.--A request for
administrative review shall be--
(A) in writing; and
(B) filed in accordance with procedures established by the
Secretary.
(2) Responsibility of secretary.--If a complainant requests
a determination, on the merits under subsection (d)(1), then,
unless a complainant, with respect to the eligible complaint,
files a civil action or requests a hearing on the record, the
Secretary shall, with respect to the eligible complaint, take
the following actions:
(A) Issuance of determination.--The Secretary shall, not
later than an issuance deadline that is 1 year after the date
on which the complainant requests a determination on the
merits--
(i) investigate the eligible complaint; and
(ii) issue a written determination.
(B) Notice of failure to issue timely determination.--If
the Secretary does not issue a written determination by the
issuance deadline in subparagraph (A), the Secretary shall
promptly issue to the Complainant, in writing and by
registered mail, notice--
(i) that the Secretary has not issued a timely
determination; and
(ii) of the period of time during which the complainant may
bring a civil action or request a hearing on the record.
(3) Finality of determination with respect to hearing on
the record.--A determination with respect to a hearing on the
record shall be final.
(4) Judicial review of administrative determination.--A
determination on the merits or a determination with respect
to a hearing on the record shall be subject to de novo
review.
(g) Filing Period.--
(1) In general.--For purposes of this section, the term
``filing period'' means the 2-year period beginning on the
date of enactment of this Act.
(2) Tolling.--The running of the filing period in paragraph
(1), for the purpose of filing a civil action under
subsection (c) or requesting a hearing on the record under
subsection (d)(2), shall be tolled for the period that, with
respect to the eligible complaint--
(A) begins on the date of a request for a determination on
the merits; and
(B) ends on the date on which the Secretary issues a
determination with respect to a determination on the merits
or a hearing on the record.
(h) Relief.--
(1) Amount.--Subject to paragraph (2), a complainant shall,
under subsection (a), and may, under subsection (e), be
awarded such relief as the complainant would be afforded
under the Equal Credit Opportunity Act, including--
(A) actual damages;
(B) the costs of the action, together with a reasonable
attorney's fee; and
(C) debt relief; including--
(i) write-downs or write-offs of the principal on a loan;
(ii) write-downs or write-offs of the interest on a loan;
(iii) reduction of the interest rate on a loan;
(iv) waiver or reduction of penalties with respect to a
loan; or
(v) other modification of the terms of a loan.
(2) Limitations on relief.--
(A) In general.--The total amount awarded under this
section for all claims shall not exceed $100,000,000.
(B) Actual damages, costs, and attorney's fees.--The sum of
the total amount awarded under paragraph (1)(A) for all
claims, plus the total amount awarded under paragraph (1)(B)
for all claims, shall not exceed $40,000,000.
(C) Debt relief.--The total amount awarded under paragraph
(1)(C) for all claims shall not exceed $60,000,000.
(3) Exemption from taxation--Any award under clauses (ii),
(iii), or (iv) of subparagraph (C) of paragraph (1) shall not
be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1986.
(i) Funding.--
(1) There is hereby appropriated to the Secretary, for
relief awarded under subsection (h)(1), $100,000,000, to
remain available until expended.
(2) Of the funds derived from interest on the cushion of
credit payments including funds in the current fiscal year,
as authorized by section 313 of the Rural Electrification Act
of 1936, an additional $100,000,000 shall not be obligated
and an additional $100,000,000 are rescinded.
(j) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of Agriculture.
CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Small Business Administration
BUSINESS LOANS PROGRAM ACCOUNT
For an additional amount for ``Business Loans Program
Account'' for fee reductions and eliminations under section
501 of division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) and for the cost of guaranteed
loans under section 502 of such division, $354,000,000:
Provided, That such cost shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That authority to guarantee loans under section 502 of
division A of the American Recovery and Reinvestment Act of
2009 shall remain in effect through September 30, 2010,
notwithstanding subsection (f) of such section.
General Provision, This Chapter
RESCISSIONs
Sec. 3201. The following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
(1) ``National Telecommunications and Information
Administration--Digital-to-Analog Converter Box Program'' in
the Department of Commerce, $111,000,000.
(2) ``Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)'' of the Department of
Agriculture, $243,000,000, to be derived from unobligated
balances available from amounts placed in reserve in title I
of division A of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5; 123 Stat. 115).
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
General Provisions, This Chapter
ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
Sec. 3301. (a)(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(A) by striking ``December 31, 2009'' each place it appears
and inserting ``June 30, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``June 30, 2010''; and
(C) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``November 30, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed
Workers and Struggling Families Act, as
[[Page 32505]]
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat.
438), is amended--
(A) in paragraph (1)(B), by striking ``January 1, 2010''
and inserting ``July 1, 2010'';
(B) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``July 1, 2010''; and
(C) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``December 31, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers
and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note; 123 Stat. 444), is amended--
(A) by striking ``January 1, 2010'' each place it appears
and inserting ``July 1, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010'' and
inserting ``December 1, 2010''.
(4) Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``May 30, 2010'' and inserting ``November
30, 2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``by reason of'' and all that follows and
inserting the following: ``by reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling Families
Act;
``(B) the amendments made by sections 2 through 4 of the
Worker, Homeownership, and Business Assistance Act of 2009;
and
``(C) the amendments made by section 3301(a)(1) of the Jobs
for Main Street Act, 2010; and''.
EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS
Sec. 3302. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) is
amended by striking ``December 31, 2009'' and inserting
``June 30, 2010''.
(b) Extension of Maximum Duration of Assistance.--
Subsection (a)(2)(A)(ii)(I) of such section is amended by
striking ``9 months'' and inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of
such section is further amended by adding at the end the
following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively and maintain
cobra coverage.--In the case of any premium for a period of
coverage during an assistance eligible individual's
transition period, such individual shall be treated for
purposes of any COBRA continuation provision as having timely
paid the amount of such premium if--
``(i) such individual was covered under the COBRA
continuation coverage to which such premium relates for the
period of coverage immediately preceding such transition
period, and
``(ii) such individual pays, not later than 60 days after
the date of the enactment of this paragraph (or, if later, 30
days after the date of provision of the notification required
under subparagraph (D)(ii)), the amount of such premium,
after the application of paragraph (1)(A).
``(B) Refunds and credits for retroactive premium
assistance eligibility.--In the case of an assistance
eligible individual who pays, with respect to any period of
COBRA continuation coverage during such individual's
transition period, the premium amount for such coverage
without regard to paragraph (1)(A), rules similar to the
rules of paragraph (12)(E) shall apply.
``(C) Transition period.--
``(i) In general.--For purposes of this paragraph, the term
`transition period' means, with respect to any assistance
eligible individual, any period of coverage if--
``(I) such period begins before the date of the enactment
of this paragraph, and
``(II) paragraph (1)(A) applies to such period by reason of
the amendment made by section 3302(b) of the Jobs for Main
Street Act, 2010.
``(ii) Construction.--Any period during the period
described in subclauses (I) and (II) of clause (i) for which
the applicable premium has been paid pursuant to subparagraph
(A) shall be treated as a period of coverage referred to in
such paragraph, irrespective of any failure to timely pay the
applicable premium (other than pursuant to subparagraph (A))
for such period.
``(D) Notification.--
``(i) In general.--In the case of an individual who was an
assistance eligible individual at any time on or after
October 31, 2009, or experiences a qualifying event
(consisting of a reduction of hours or termination of
employment) relating to COBRA continuation coverage on or
after such date, the administrator of the group health plan
(or other entity) involved shall provide an additional
notification with information regarding the amendments made
by the Jobs for Main Street Act, 2010 within 60 days after
the date of the enactment of such Act or, in the case of a
qualifying event occurring after such date of enactment,
consistent with the timing of notifications under paragraph
(7)(A).
``(ii) To individuals who lost assistance.--In the case of
an assistance eligible individual described in subparagraph
(A)(i) who did not timely pay the premium for any period of
coverage during such individual's transition period or paid
the premium for such period without regard to paragraph
(1)(A), the administrator of the group health plan (or other
entity) involved shall provide to such individual, within the
first 60 days of such individual's transition period, an
additional notification with information regarding the
amendments made by the Jobs for Main Street Act, 2010,
including information on the ability under subparagraph (A)
to make retroactive premium payments with respect to the
transition period of the individual in order to maintain
COBRA continuation coverage.
``(iii) Application of rules.--Rules similar to the rules
of paragraph (7) shall apply with respect to notifications
under this subparagraph.''.
(d) Clarifications relating to Section 3001 of ARRA.--
(1) Clarification that eligibility and notice is based on
timing of qualifying event.--Subsection (a) of such section
is amended--
(A) in paragraph (3)(A)--
(i) by striking ``at any time'' and inserting ``such
qualified beneficiary is eligible for COBRA continuation
coverage related to a qualifying event occurring''; and
(ii) by striking ``, such qualified beneficiary is eligible
for COBRA continuation coverage''; and
(B) in paragraph (7) (A), by striking ``become entitled to
elect COBRA continuation coverage and inserting ``have a
qualifying event relating to COBRA continuation coverage''.
(2) Clarification regarding retiree coverage.--Subsection
(a)(2)(A)(i) of such section is amended by inserting
``coverage under a retiree health plan,'' after ``other
than''.
(3) Clarification regarding cobra continuation resulting
from reductions in hours.--Subsection (a) of such section is
further amended--
(A) in paragraph (3)(C), by inserting before the period at
the end the following: ``or consists of a reduction of hours
followed by such an involuntary termination of employment
during such period''; and
(B) by adding at the end the following:
``(17) Special rules in case of individuals losing coverage
because of a reduction of hours.--
``(A) New election period.--
``(i) In general.--For the purposes of the COBRA
continuation provisions, in the case of an individual
described in subparagraph (C) who did not make (or who made
and discontinued) an election of COBRA continuation coverage
on the basis of the reduction of hours of employment, the
involuntary termination of employment of such individual
after the (date of the enactment of the Jobs for Main Street
Act, 2010, shall be treated as a qualifying event.
``(ii) Counting cobra duration period from previous
qualifying event.--In any case of an individual referred to
in clause (i), the period of such individual's continuation
coverage shall be determined as though the qualifying event
were the reduction of hours of employment.
``(iii) Construction.--Nothing in this paragraph shall he
construed as requiring an individual referred to in clause
(i) to make a payment for COBRA continuation coverage between
the reduction of hours and the involuntary termination of
employment.
``(iv) Preexisting Conditions.--With respect to an
individual referred to in clause (i) who elects COBRA
continuation coverage pursuant to such clause, rules similar
to the rules in paragraph (4)(C) shall apply.
``(B) Notices.--In the case of an individual described in
subparagraph, (C), the administrator of the group health plan
(or other entity) involved shall provide, during the 60-day
period beginning on the date of such individual's termination
of employment, an additional notification described in
paragraph (7)(A), including information on the provisions of
this paragraph. Rules similar to the rules of paragraph (7)
shall apply with respect to such notification.
``(C) Individuals described.--Individuals described in this
subparagraph are individuals who are assistance eligible
individuals on the basis of a qualifying event consisting of
a reduction of hours occurring during the period described in
paragraph (3)(A) followed by an involuntary termination of
employment insofar as such termination of employment occurred
after the date of the enactment of the Jobs for Main, Street
Act, 2010.''.
(4) Clarification of period of assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``of
the first month''.
(5) Enforcement.--Subsection (a)(5) of such section is
amended by adding at the end the lowing: ``In addition to
civil actions that may be brought to enforce applicable
provisions of such Act or other laws, the appropriate
Secretary or an affected individual may bring a civil action
to enforce such determinations and for appropriate relief. In
addition, such Secretary may assess a penalty against a plan
sponsor or health insurance issuer of not more than $110 per
day for each failure to comply with such, determination of
such Secretary after 10 days after the date of the plan
sponsor's or issuer's receipt of the determination.''
(6) Amendments relating to section 3001 of arra.--
(A) Subsection (g) of section 35 of the Internal Revenue
Code of 1986 is amended by striking ``section 3002(a) of the
Health Insurance Assistance for the Unemployed Act of 2009''
and inserting ``section 3001(a) of title III of division B of
the American Recovery and Reinvestment Act of 2009''.
(B) Section 139C of such Code is amended by striking
``section 3002 of the Health Insurance Assistance for the
Unemployed Act of 2009'' and inserting ``section 3001 of
title III of division B of the American Recovery and
Reinvestment Act of 2009''.
(C) Section 6432 of such Code is amended--
(i) in subsection (a), by striking ``section 3002(a) of the
Health Insurance Assistance for the Unemployed Act of 2009''
and inserting ``section 3001(a) of title III of division B of
the American Recovery awl Reinvestment Act of' 2009'';
[[Page 32506]]
(ii) in subsection (c)(3), by striking ``section
3002(a)(1)(A) of such Act'' in subsection (c)(3) and
inserting ``section 3001(a)(1)(A) of title III of division B
of the American Recovery and Reinvestment Act of 2009''; and
(iii) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively, and inserting after
subsection (d) the following new subsection:.
``(e) Employer Determination of Qualifying Event as
Involuntary Termination.--For purposes of this section, in
any case in which--
``(1) based on a reasonable interpretation of section
3001(a)(3)(C) of division B of the American Recovery and
Reinvestment Act of 2009 and administrative guidance
thereunder, an employer determines that the qualifying event
with respect to COBRA continuation coverage for an individual
was involuntary termination of a covered employee's
employment, and
``(2) the employer maintains supporting documentation of
the determination, including an attestation by the employer
of involuntary termination with respect to the covered
employee,
the qualifying event for the individual shall be deemed to be
involuntary termination of the covered employee's
employment.''.
(D) Subsection (a) of section 6720C of such Code is amended
by striking ``section 3002 (a) (2)(C) of the Health Insurance
Assistance for the Unemployed Act of 2009'' and inserting
``section 3001(a)(2)(C) of title III of division B of the
American Recovery and Reinvestment Act of 2009''.
(e) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
3001 of division B of the American Recovery and Reinvestment
Act of 2009 to which they relate, except that--
(1) the amendments .made by subsections (d)(2) and (d)(3)
shall apply to periods of coverage beginning after the date
of the enactment of this Act; and
(2) the amendment made by subsection (d)(5) shall take
effect on the date of the enactment of this Act.
extension of recovery act increase in fmap
Sec. 3303. Section 5001 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) is amended--
(1) in subsection (a)(3), by striking ``first calendar
quarter'' and inserting ``first 3 calendar quarters'';
(2) in subsection (b)(2), by inserting before the period at
the end the following: ``and such paragraph shall not apply
to calendar quarters beginning on or after October 1, 2010'';
(3) in subsection (c)(4)(C)(ii), by striking ``December
2009'' and ``January 2010'' and inserting ``June 2010'' and
``July 2010'', respectively;
(4) in subsection (d), by inserting ``ending before October
1, 2010'' after ``entire fiscal years'' and after ``with
respect to fiscal years'';
(5) in subsection (g)(1), by striking ``September 30,
2011'' and inserting ``March 31, 2012''; and
(6) in subsection (h)(3), by striking ``December 31, 2010''
and inserting ``June 30, 2011''.
repeal of earned income threshold for determining refundable portion of
child tax credit
Sec. 3304. (a) In General.--Clause (i) of section
24(d)(1)(B) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(i) 15 percent of the taxpayer's earned income (within
the meaning) of section 32) which is taken into account in
computing taxable income, or''.
(b) Conforming Amendments.--Subsection (d) of section 24 of
such Code is amended--
(1) by striking paragraph (3), and
(2) by striking paragraph (4).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.
(d) Application of EGTRRA Sunset.--The amendments made by
subsection (a) and (b)(1) shall be subject to title IX of the
Economic Growth and Tax Relief Reconciliation Act of 2001 in
the same manner as the provision of such Act to which such
amendment relates.
HHS POVERTY GUIDELINES
Sec. 3305. Notwithstanding section 673(2) of the Omnibus
Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any
other provision of law, the poverty line for 2010 issued by
the Secretary of Health and Human Services under such section
673(2) shall be not lower than the poverty line so issued on
January 23, 2009 (74 Fed. Reg. 14). This section shall have
no effect on such Secretary's revision of the poverty line
for 2011.
REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS and
federally assisted programs
Sec. 3306. (a) In General.--Subchapter A of chapter 65 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF
FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law, any refund (or advance payment with respect to a
refundable credit) made to any individual under this title
shall not be taken into account as income, and shall not be
taken into account as resources for the month of receipt and
the following 11 months, for purposes of determining the
eligibility of such individual (or any other individual) for
benefits or assistance (the amount or extent of benefits or
assistance) under any Federal program or under any State or
local program financed in whole or in part with Federal
funds.
``(b) Termination.--Subsection (a) shall not apply to any
amount received after December 31, 2010.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 6109. Refunds disregarded in the administration of
Federal programs and Federally assisted programs.''.
(c) Effective Date.--The amendment made by this section
shall apply to amounts received after December 31, 2009.
PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO
QUALIFIED NON-ATTORNEY REPRESENTATIVES
Sec. 3307. (a) Permanent Extension of Attorney Fee
Withholding Procedures to Title XVI.--
(1) In general.--Section 302 of the Social Security
Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is
amended--
(A) in the section heading, by striking ``TEMPORARY''; and
(B) in subsection (c), by striking ``Effective Date.--''
and all that follows through ``The amendments'' and inserting
``Effective Date.--The amendments'', and by striking
paragraph (2).
(2) Clerical amendment.--The item relating to section 302
in the table of contents in section 1(b) of such Act is
amended by striking ``Temporary extension'' and inserting
``Extension''.
(b) Permanent Extension of Fee Withholding Procedures to
Qualified Non-Attorney Representatives.--
(1) In general.--Section 206 of the Social Security Act (42
U.S.C. 406) is amended by adding at the end the following new
subsection:
``(e)(1) The Commissioner shall provide for the extension
of the fee withholding procedures and assessment procedures
that apply under the preceding provisions of this section to
agents and other persons, other than attorneys, who represent
claimants under this title before the Commissioner.
``(2) Fee-withholding procedures may be extended under
paragraph (1) to any nonattorney representative only if such
representative meets at least the following prerequisites:
``(A) The representative has been awarded a bachelor's
degree from an accredited institution of higher education, or
has been determined by the Commissioner to have equivalent
qualifications derived from training and work experience.
``(B) The representative has passed an examination, written
and administered by the Commissioner, which tests knowledge
of the relevant provisions of this Act and the most recent
developments in agency and court decisions affecting this
title and title XVI.
``(C) The representative has secured professional liability
insurance, or equivalent insurance, which the Commissioner
has determined to be adequate to protect claimants in the
event of malpractice by the representative.
``(D) The representative has undergone a criminal
background check to ensure the representative's fitness to
practice before the Commissioner.
``(E) The representative demonstrates ongoing completion of
qualified courses of continuing education, including
education regarding ethics and professional conduct, which
are designed to enhance professional knowledge in matters
related to entitlement to, or eligibility for, benefits based
on disability under this title and title XVI. Such continuing
education, and the instructors providing such education,
shall meet such standards as the Commissioner may prescribe.
``(3)(A) The Commissioner may assess representatives
reasonable fees to cover the cost to the Social Security
Administration of administering the prerequisites described
in paragraph (2).
``(B) Fees collected under subparagraph (A) shall be
credited to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, or
deposited as miscellaneous receipts in the general fund of
the Treasury, based on such allocations as the Commissioner
determines appropriate.
``(C) The fees authorized under this paragraph shall be
collected and available for obligation only to the extent and
in the amount provided in advance in appropriations Acts.
Amounts so appropriated are authorized to remain available
until expended for administering the prerequisites described
in paragraph (2).''.
(2) Conforming amendments.--
(A) Section 1631(d)(2)(A) of such Act (42 U.S.C.
1383(d)(2)(A)) is amended--
(i) in clause (iv), by striking ``and'' at the end;
(ii) in clause (v), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(vi) by substituting, in subsection (e)(1)--
``(I) `subparagraphs (B) and (C) of section 1631(d)(2)' for
`the preceding provisions of this section'; and
``(II) `title XVI' for `this title'.''.
(B) Section 303(e)(2) of the Social Security Protection Act
of 2004 (Public Law 108-203; 118 Stat. 523) is amended by
striking ``and final report'' in the heading and by striking
the last sentence.
(3) Effective date.--The Commissioner of Social Security
shall provide for full implementation of the provisions of
section 206(e) of the Social Security Act (as added by
paragraph (1)) and the amendments made by paragraph (2) not
later than March 1, 2010.
CHAPTER 4--GENERAL PROVISIONS, THIS TITLE
EMERGENCY DESIGNATIONS
Sec. 3401. (a) In general.--Each amount in this title is
designated as an emergency requirement and necessary to meet
emergency needs
[[Page 32507]]
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
(b) PAYGO.--All applicable provisions in this title are
designated as an emergency for purposes of pay-as-you-go
principles.
TITLE IV--GENERAL PROVISIONS, THIS ACT
PERIOD OF AVAILABILITY
Sec. 4001. No part of any appropriation contained in this
Act shall remain available for obligation beyond September
30, 2010, unless expressly so provided herein.
Buy America
Sec. 4002. All funds provided under this Act shall be
subject to the requirements of section 1605 of division A of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5).
This Act may be cited as the ``Jobs for Main Street Act,
2010''.
The SPEAKER pro tempore. The motion shall be debatable for 1 hour
equally divided and controlled by the Chair and ranking minority member
of the Committee on Appropriations.
The gentleman from Wisconsin (Mr. Obey) and the gentleman from
California (Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. OBEY. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the pending legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. OBEY. Madam Speaker, I think people understand what this
legislation is--it is an effort to redirect some $75 billion from TARP
funds that in the past have been directed to help Wall Street. Instead,
direct them to Main Street to try to help Americans who are struggling
to hang onto their jobs, their houses, and their health care. I think
the need for it is obvious, and I urge passage.
I reserve the balance of my time.
Mr. LEWIS of California. Madam Speaker, Chairman Obey calls this
legislation the Jobs for Main Street Act; I call it economic insanity.
Truly, this is one of those rare occasions when I hardly know where to
begin.
It is because of legislation like this and the manner in which it was
produced that the public has lost faith in this Congress and why
confidence in Washington is at an all-time low.
This legislation repeats the failures of the so-called ``Recovery
Act'' by pouring another $150 billion into programs included in the
original stimulus package that have so far failed to produce real
results or real jobs.
Secondly, this legislation adds an additional $150 billion to a
budget deficit that has already tripled in the last year. The Democrat
majority claims that this spending is offset with funds from the TARP
program, but under present law these dollars are already dedicated to
reducing our debt. The public should not be fooled; every dollar will
come out of the Treasury and taxpayers will be footing the bill.
Further, this legislation is a virtual mystery to almost every single
Member of the House. I think we got the basic material like at 11
o'clock last night, I think. Its contents were released just shy of
midnight last night for most, and there is no way for anyone to have
read or understood it completely. How much thought or Member input
really went into it? I dare say very, very little.
Ironically, it was Chairman Obey who said on December 11, 2006, We
will work to restore an accountable, above-board, transparent process
for funding decisions and put an end to the abuses that have harmed the
credibility of the Congress. This is a demonstration project of just
how serious Mr. Obey was about that.
Let me take just a moment to outline the transparent process by which
this legislation comes before us today. Chairman Obey instructed his
majority staff not to share any details or information with the
minority staff about the bill. Chairman Obey's staff sent the bill to
the Rules Committee at 11 o'clock last night. It has had no hearings,
no markup, and is prevented from being amended on the House floor
today. Mr. Speaker, martial law in the House of Representatives is
hardly change that we can believe in.
Yet another irony in today's debate is that the Democrat majority has
suddenly found religion by championing so-called ``PAYGO'' rules. This
is occurring at the very same time that they are proposing to spend
another $150 billion and even as they have voted to increase the debt
limit. We pass the debt limit, spend another $150 billion.
Not long ago, small business in America was the backbone and the
lifeblood of our national economy. Today, higher taxes and excessive
government regulations have small business in a stranglehold, and
that's even before Congress puts its stamp of approval on government-
run health care.
With all this reliance on Uncle Sam, why don't we just put everyone
in the United States on the Federal Government payroll and call it a
day? In essence, that's what this fatally flawed process attempts to
do.
{time} 1645
According to Transportation Weekly, ``Even if you only count title I
of the stimulus II bill as an appropriations bill, it would still be
the third largest fiscal year 2010 discretionary appropriations bill--
bigger than Agriculture, Commerce-Justice, Energy and Water, Financial
Services, Homeland Security, Interior and Environment, legislative
branch, State/foreign operations, and the THUD bill.''
Imagine what Ranking Member David Obey's reaction would have been had
a GOP majority moved a supplement of this size to the House floor on
less than 24-hours' notice and with no committee markup? Can you
imagine the screaming from the rooftops? We have seen that before.
On more than one occasion, my friend, the majority leader, has
suggested that the House minority has become the so-called party of
``no,'' but he forgot to finish the sentence. House Republicans are the
party of no more spending beyond our means. We are the party of no more
increases to the historic debt limit. Republicans in the House are the
party of no more busting the spending cap and calling it ``emergency
spending.''
Our country's economy will never recover as long as Congress
continues making the same mistakes over and over again. Spending by
this House majority is unconstrained and unsustainable. Billions and
billions and billions spent on the continued expansion of government
will only exacerbate our financial troubles and will bring little or no
relief to those without jobs.
Through this legislation, Congress is demonstrating once again that
it is both unwilling and incapable of restraining its appetite to
spend. This is nothing short of a taxpayer-funded Christmas shopping
spree, financed with money borrowed from the Chinese.
I appeal to my friends, the Blue Dogs, to take a stand on this
legislation. If you are serious about making a statement, this is your
chance. Are the Blue Dogs serious about deficit reduction? If so, then
vote ``no.''
Madam Speaker, simply put, this is an awful bill produced through a
dreadful process. I strongly urge a ``no'' vote.
I reserve the balance of my time.
Mr. OBEY. Madam Speaker, I thank the gentleman for his support.
I now yield 4 minutes to the distinguished gentleman from Minnesota
(Mr. Oberstar).
Mr. OBERSTAR. I thank the distinguished Chair of the Appropriations
Committee, my good friend from across the waters in Wisconsin, Mr.
Obey, and I applaud him for his extraordinary persistence and
leadership in bringing to us this Jobs for Main Street Act. He has been
consistent, persistent, forceful, vocal, and very laser beam-oriented
on creating jobs.
Madam Speaker, in this Jobs for Main Street, $39 billion is allocated
to additional transportation and infrastructure investment to create
and sustain family-wage construction jobs and, at the same time,
rebuilding the Nation's highways and bridges and wastewater treatment
systems.
We extend in this provision the highway and highway safety and
transit
[[Page 32508]]
programs through September 30, 2010. There is $27.5 billion for
highways, $8.4 billion for transit, as in the current Recovery Act.
There is $800 million for Amtrak, $500 million for airports where an
extraordinary success was achieved with nearly all of the airport
projects being either completed or under contract on the job, improving
our airport capacity. There is $1 billion for the Clean Water State
Revolving Loan Funds to improve wastewater treatment facilities and to
build new ones where they don't exist today. There is $715 million for
the Corps of Engineers, and there is $100 million for ship construction
to help our maritime interests.
We have a highly successful record on that portion of the stimulus
that comes from the Committee on Transportation and Infrastructure from
which both Mr. Obey and the distinguished Republican leader are
graduates.
There are 220,000 direct jobs on over 8,000 projects. There are
630,000 direct jobs and jobs in the supply chain, supplying asphalt,
cement, pipe, concrete, and culverts for this program. There is $10
billion paid in payroll checks and $179 million in unemployment
insurance compensation checks avoided, and there is $230 million in
taxes paid to the Federal Government by those on these jobs, and there
is more to come.
The results: There are 28,000 miles of highway pavement--improved,
widened, expanded--underway right now. That is what we have achieved to
this day, and we have more to come. There are 1,200 bridges restored,
repaired, replaced, and with this addition in the Jobs for Main Street
Act, we will have 56,000 miles of pavement rebuilt in the coming year.
That will be 10,000 miles more than the entire Interstate Highway
System just in this one bill.
That is an investment in America.
I assure my colleagues that this Committee on Transportation and
Infrastructure will continue its vigorous oversight and accountability
and transparency. Every month, every Member has received this report
from our committee, a report with 14 categories of progress for each
State under these key programs. You can track how many funds are
associated with projects completed, how many projects are underway, the
total job hours created and sustained, and the total payroll for hours
created or sustained in every month for every State.
We are making this clear that we are accountable and that we are
investing in America and that we will continue to do this under the
Jobs for Main Street program.
Madam Speaker, I rise in strong support of H.R. 2847, the ``Jobs for
Main Street Act, 2010''.
This bill provides more than $39 billion of additional transportation
and infrastructure investment to help create and sustain family-wage
construction jobs and rebuild our Nation's infrastructure. The bill
also extends the highway, highway safety, and public transit programs
for the current fiscal year, through September 30, 2010.
One-half of the $75 billion provided by H.R. 2847 is dedicated to
transportation infrastructure investment, including: $27.5 billion for
highways, $8.4 billion for transit, $800 million for Amtrak, $500
million for airports, and $100 million for ship construction.
In addition, H.R. 2847 provides $11 billion for other infrastructure
investment, including $1 billion for Clean Water State Revolving Funds
and $715 million for Corps of Engineers infrastructure investments.
Each of these investments is paid for--we use the Wall Street bailout
funds to rebuild Main Street.
These investments will build upon the investments already underway
pursuant to the American Recovery and Reinvestment Act of 2009 (P.L.
111-5) (Recovery Act), and will create and sustain more than 1 million
good, family-wage jobs.
The transportation and infrastructure investments of the Recovery Act
have already played a key role in putting Americans back to work.
Federal agencies, States, and their local partners have demonstrated
they can deliver transportation and infrastructure projects and create
urgently needed employment in the tight timeframes set forth in the
Recovery Act. This Act has already resulted in almost 7,900 highway and
transit projects breaking ground as well as hundreds of thousands of
workers getting off the bench and back on the job all across the
Nation.
However, we have only begun to stem the tide of unemployment caused
by the worst recession since the Great Depression. More than 1.7
million construction workers are out of work and the unemployment rate
in construction is 19.4 percent--the highest unemployment rate of any
industrial sector. In addition, the private sector construction market
has collapsed. At a recent hearing of the Committee on Transportation
and Infrastructure, the president of an asphalt supply company
testified that, although historically his company has received one-half
of its work from the private sector and one-half of its work from the
public sector, 98.5 percent of his current business is public sector
work.
To make matters worse, State budget crises are severely limiting
States' ability to move fcrward with their own infrastructure programs
or find matching funds for Federal transportation programs.
Although the critical investments made by the Recovery Act have
stemmed the tide of unemployment in the construction industry, they
have not been sufficient to completely counteract the loss of private
sector and State investments.
Congress must act now to pass the ``Jobs for Main Street Act, 2010'',
and build upon the successes of the Recovery Act.
The Jobs Act ``doubles down'' on the highway and transit investments
of the Recovery Act and will immediately create and sustain jobs. The
Jobs Act provides almost $36 billion for highway and transit investment
and much of it can be, and will be, put to use within 90 days for
ready-to-go projects.
According to a December 2009 American Association of State Highway
and Transportation Officials, AASHTO, survey of State Departments of
Transportation, there are 7,497 ready-to-go highway and bridge
projects, totaling $47.3 billion. Furthermore, according to a December
2009 American Public Transportation Association, APTA, survey, there
are thousands of ready-to-go transit projects, totaling $15 billion.
In addition, Congress must also act now to extend the core Federal
highway, highway safety, and transit programs. The long-term
authorization for these programs, SAFETEA-LU, expired on September 30,
2009. Since then, these programs have been extended on a short-term
basis at a funding level that is about $12 billion below the fiscal
year 2009 authorized level. H.R. 3326, the fiscal year 2010 Defense
appropriations bill, will provide an additional short-term extension of
these programs, to February 28, 2010, but still at the reduced funding
level.
H.R. 2847 includes the Surface Transportation Extension Act (STEA) of
2009, which extends the highway, highway safety, and transit programs
through September 30, 2010, at the levels assumed in the FY 2010 budget
resolution. This one-year extension will provide greater certainty for
States in their transportation planning, and increase funding to nearly
the FY 2009 authorized level.
STEA also includes provisions that will stabilize the Highway Trust
Fund. Specifically, STEA restores to the Highway Trust Fund interest
payments foregone on the Trust Fund's previous cash balances. Since
1998, the Trust Fund has been the only major Federal trust fund that
does not accrue interest. The restoration of interest for this period,
1998-2009, results in transferring $14.7 billion to the Highway Account
of the Highway Trust Fund, and $4.8 billion to the Mass Transit Account
of the Highway Trust Fund.
In addition, STEA allows the Highway Trust Fund to accrue interest on
all balances going forward, which will increase Trust Fund receipts by
an estimated $500 million to $1 billion annually, in the near-term.
Finally, under STEA, the General Fund, rather than the Highway Trust
Fund, will support longstanding fuel tax exemptions, such as those
provided to State and local governments. Full refund payments will
continue to be made from the General Fund, but the Highway Trust Fund
will no longer bear the cost of these refunds. The end user will see no
change in their process for obtaining a refund. This provision will
increase Trust Fund revenues by about $1.7 billion annually, for a
total of $9.8 billion over six years.
I regret that the Other Body was unable to complete action on a
multi-year surface transportation bill this year. I urge the Senate to
focus on the needs of the millions of Americans who are without jobs or
who are in danger of losing their jobs, Americans who are struggling to
provide for their families, and desperately need the jobs that would be
created not only by the bill before us today, but also by a long- term
authorization of surface transportation programs.
I urge my colleagues to join me in supporting H.R. 2847, the ``Jobs
for Main Street Act, 2010''.
[[Page 32509]]
Mr. LEWIS of California. Madam Speaker, I yield 2 minutes to the
gentleman from Georgia, Jack Kingston.
Mr. KINGSTON. I thank the gentleman for yielding.
Madam Speaker, I want to say, in January, the President rushed
through a massive stimulus bill of $787 billion, which was supposed to
be targeted and timely for shovel-ready projects. We had to do this to
keep unemployment from going to 8 percent. Well, now it's at 10
percent. Rather than going back into the stimulus program and doing
major surgery, we are adding yet another spending bill from a different
account.
To begin with, the stimulus bill only had about 27 percent in public
works-type projects. Most of it went to plus-up pet political projects
of Congress and to create 31 brand new Federal Government programs.
Even then, 12 percent of the money is all that has left town. Most of
it is still in Washington, D.C.
To give you some examples, there is a Smart Grid program of $4.5
billion. None of the funds have been spent. There is a $2.2 billion
alternative fuel program. None of those funds have been spent. There is
a $4 billion energy innovative technology loan program. Only $2 million
has been spent. There is an $8 billion high-speed rail project of which
zero funds have been spent. There is $1 billion for the COPS grants
program, and no funds from it have left Washington, D.C.
Before we go spending additional money, wouldn't it make sense to try
to figure out what the logjam is?
You can go to the Web site of the stimulus program, and you can see
the jobs that were created in the 99th District of the Virgin Islands
or in the 42nd District of Connecticut. The only problem is there are
no such districts. They are fictitious numbers. You could go to
Augusta, Georgia, and look at the housing projects where 317 jobs were
created. Only it really wasn't for creating jobs. It was a bonus for
existing employees. Again, from the administration's Web site, $937
million was spent on 10,000 projects from which no jobs were created.
The stimulus program is not working. We need to revamp it.
Another reason we don't have jobs under this administration is
because of the cap-and-trade policy.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEWIS of California. I yield an additional 30 seconds to the
gentleman from Georgia.
Mr. KINGSTON. The cap-and-trade proposal is a scheme based on some
phony numbers, not all of the numbers. Incidentally, I don't recommend
Al Gore's book to anybody, but if you have time for reading today, keep
that one in mind. It's going to run jobs overseas. We need to take a
look at it. Particularly, it needs to be based on real numbers, not on
phony numbers.
The health care policy is an 8 percent tax on small businesses with a
myriad of new rules and regulations with the possibility of lawsuits.
There is the banking bill, which is just going to crunch credit all
over America. This is not the right thing to do at the last minute.
Mr. OBEY. Madam Speaker, I yield 3 minutes to the distinguished
gentleman from California (Mr. George Miller), chairman of the
Education and Labor Committee.
Mr. GEORGE MILLER of California. I thank the gentleman for yielding,
and I thank him for all of his work on this legislation.
Madam Speaker, today, Congress has the opportunity to continue the
effort to rebuild the American economy. We have made significant
progress since January when more than 600,000 people were losing their
jobs. Last month, it was 11,000--a dramatic improvement. In fact, in
November, a year ago, it was over 700,000 people who were losing their
jobs. I don't know what the figure has to be before the Republicans
decide they ought to help Americans keep their jobs, to find new jobs,
and to get jobs so they can support their families.
The fact is, every day, as to the Recovery Act, which they want to
continue to lampoon and the rest of it, more and more economists and
more and more fiscal analysts of the markets in this country are
telling us that the Recovery Act is the reason that we have moved from
a negative GDP to a positive GDP. It is the reason we have saved or
created more than 1.6 million jobs. Those aren't our words. Those are
the words of the people who are in the private sector who are talking
about this market.
What are they warning us about now?
It's not just the traditional jobs. It's a question of--and this
comes again from private analysts--whether or not local governments
which are somewhere between $200 billion and $300 billion underwater
because of the economy, because of the recession and because of their
loss of receipts and revenues can create a wave of unemployment that
will swamp the good news that is taking place and the news that we hope
will get better and that we think will get better. It can overwhelm the
positive job numbers that we are starting to see, and it can create
that kind of problem.
It also means that, once again, we can see--and what this legislation
prevents--is that wave of layoffs in teachers, in firefighters, in
police, and in first responders because we know that that's about
keeping our communities healthy and safe. It's about making sure that
our kids do not become the victims of this economy because of the
layoffs, the shorter school days, the larger classes that are taking
place, and the shorter school years. The States are going to struggle
with this.
We know from the private sector, if you look around at what has taken
place in this recession, that the leaders in the private sector
decided, in this kind of economy, this is when you want to invest in
your future. That is what we are doing. We are investing in the future
of our children and of our young people going to college. We are
creating additional slots so they can get into community colleges, so
that they can get job training, and so that they can have teachers and
decent class sizes. That is what this legislation is about.
It's about trying to create job opportunities, and it's about holding
onto job opportunities for American families. It's also to make sure
that their children do not lose a year of educational opportunity and
so that they do not slide back from the progress that we're seeing. All
across this country, as the test scores are getting better and as
proficiency is getting better among fourth graders and eighth graders,
that is the progress that we have made. This recession could wreck it
all, and we've seen it all across the country.
Rio Vista, Texas, laid off 15 percent of its teachers. Dearborn,
Michigan, just approved 200 teacher layoffs. The LA Unified School
District laid off 2,000 teachers and maybe another 1,500 teachers next
year.
You can stop that from happening. You can stop that from happening by
voting for this legislation.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. OBEY. I yield the gentleman an additional 1 minute.
Mr. GEORGE MILLER of California. This is about our future. This is
about a jobs program that is paid for. This is about taking the money
that was dedicated to working on Wall Street and making sure that it
works for Main Street. This is your opportunity so that you can go home
and say that you did everything you could to try to maintain the
positive direction that the economy is starting to indicate, but we are
not there yet.
Again, if you listen to the analysts, it can be overwhelmed by the
loss of jobs and by the wave of unemployment that could take place at
State and local governments, and our children's educational
opportunities can be overwhelmed.
Mr. Oberstar laid out the infrastructure piece that is so important
in terms of the investment, not only in jobs, but in terms of the
investment in the future of this country in highways and transit. This
is about human capital. This is about whether or not we can retain
first responders, teachers and whether or not we can retain the growth,
economic proficiency, and achievement that our children are getting in
school today.
[[Page 32510]]
Let's not lose that because, through no fault of their own, the
recession whacked their teachers, whacked their classrooms, whacked
their school districts, and then all of a sudden, those opportunities
were gone. We should not let that happen. We can vote against its
happening today. We can vote for a jobs bill that works on Main Street.
{time} 1700
Mr. LEWIS of California. Madam Speaker, I am very pleased to
recognize the gentleman from New Jersey (Mr. Frelinghuysen) for 2
minutes.
Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
Madam Speaker, there is no question that the American people are
hurting. Since the start of this recession in 2007, 6.9 million people
have lost their jobs. A third of those without jobs have been
unemployed for more than 6 months. That's a post-World War II high.
Clearly Congress needs to find a way to spur private sector job
creation, a bipartisan way, not one rammed through without public
hearings. Madam Speaker, a famous son of New Jersey once said, and
that's Yogi Berra, ``It's deja vu all over again.''
Congress and the President enacted in February a trillion-dollar
stimulus package with the promise that its shovel-ready spending would
keep unemployment from exceeding 8 percent. While the Nation's official
unemployment is 10 percent, the real unemployment and underemployment
now exceed 17 percent.
Yet the majority is suggesting that we double down on spending
borrowed dollars in many of the same areas touched by the first
stimulus. For example, only 7 percent of the $2 billion in the stimulus
bill for the Army Corps of Engineers civil construction has been spent.
Yet this bill adds another $750 million.
Only 8 percent of the $1 billion in the stimulus for Bureau of
Reclamation water projects has been spent. This legislation includes
another $100 million.
The stimulus contained $4 billion for Energy Innovation Loans. Just
10 percent has been spent since February. So let's make sure to approve
another $1 billion.
Of the $36 billion the Department of Energy has been given, about
$955 million has been spent and only $17.5 billion has been obligated.
If this isn't bad enough, where is the funding coming from? It's
coming from the TARP program, Troubled Asset Relief Program. That
money, when it is paid back, is supposed to go to reduce the deficit.
Here we are spending.
I rise to oppose this bill. This bill needs to be opposed.
Mr. OBEY. I yield 1 minute to the distinguished gentleman from
Georgia (Mr. Scott).
Mr. SCOTT of Georgia. Thank you very much, Mr. Chairman. I appreciate
you giving me a minute to speak on this.
This is the single most important issue facing the American people,
jobs. You talk about troubled assets, what greater troubled assets do
we have than jobs and homes? These are the troubled assets that the
American people want us to respond to.
Throughout the length and breadth of this country, small towns,
country towns, from Michigan, Ohio, throughout wherever it is, people
are concerned about jobs. The misery index is high, the depression
index is high. Do you know what a job means?
Here we have got $75 billion. What better place to put it than in
small businesses, into the heart and the soul of the American economy,
at the middle and at the bottom where people will spend it.
Ladies and gentlemen of this Congress, this is Christmastime. Next
week is Christmas. What better Christmas gift can we give the American
people than this jobs bill that will put our people back to work, that
will build our homes, that will help our families, that will give them
hope where they need it. They deserve this Christmas present this day.
Mr. LEWIS of California. Madam Speaker, it is my honor to recognize
the ranking member of the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies, the gentleman from Kansas,
for 3 minutes, Mr. Tiahrt.
Mr. TIAHRT. I thank the gentleman from California.
Madam Speaker, 10 months ago we stood here and told you the stimulus
bill would not help the economy recover. We told you it would not work
because the $787 billion plus interest would only grow the size of
government. You can't grow the economy from the government down. You
have to grow it from the ground up.
By any standard, we were right. Now we have news accounts of how the
money was spent, mostly on government workers writing more government
regulations. Then there was the news about the pay raises for Head
Start teachers and the buyouts for university professors and
unemployment is double digits. It's 10 percent.
Today on the floor we have the ``son of the stimulus'' bill. It's
another $154 billion of failed economic policies that will only prolong
the economic pain.
This bill includes another $750 million for green jobs on top of the
previous bill's $750 million. So far, no green jobs have been created.
The ``son of the stimulus'' adds $23 billion to State and local
governments on top of the $53 billion in the stimulus bill.
You can't isolate State and local governments from the recession. If
you do, they will do nothing to help with the recovery. History tells
us what works. When we have the opportunity in America, new ideas come
into the marketplace and the economy will grow. When the economy grows,
the Federal revenue grows without raising taxes.
Here is how you create opportunity: stop spending, stop borrowing.
You can't grow the economy from the government down. Freeze
regulations, audit every one of them and only keep the ones where the
benefit exceeds the cost.
Keep taxes low. When you do, people save. They invest; they spend.
All of that's good for the economy. Lower health care costs, not by
taking over with the government, but by addressing defensive medicine,
by addressing tort reform and by incorporating free market principles
and then become energy independent. That alone would solve your
unemployment problem.
Now, it's true that providing the opportunity for the economy to grow
does not pay back the government unions for all they have done for you
in the last election. Government unions should be pleased with this
bill, but the American taxpayers should not. They should be angry.
For those that are unemployed workers, well, we are sorry, because
this bill will not do anything for the unemployment rate. It's a failed
economic policy that only pays back those who invested in the last
election for the majority party.
Madam Speaker, I would ask my colleagues to vote ``no'' on this
legislation and, instead, do something that will help the economy
recover by providing opportunity for the unemployed workers.
Mr. OBEY. Madam Speaker, I yield myself 2 minutes.
Madam Speaker, when President Bush left office, we were losing over
700,000 jobs a month. We passed the economic recovery package, and we
have gotten that down to about 11,000 jobs a month. That's not enough,
but it's terrific progress.
I am somewhat bemused, however, by all of the comments by our friends
on the minority side of the aisle denouncing the recovery package and
saying that it didn't work. Not a single one of them voted for it on
this House floor.
But if you check newspaper accounts around the country, you will see,
for instance, that the minority leader, in a June 15 press statement,
said that he was pleased that Federal officials stepped in and ordered
Ohio to use all of its construction dollars for shovel-ready projects
that will create much-needed jobs.
The minority whip vowed to shed partisan politics to help the
economy. He met with transportation officials about how his home State
of Virginia could apply for stimulus grants to build a rail line.
The minority chief deputy whip, in his own press release, outright
praised
[[Page 32511]]
the courthouse in his district receiving funds from the recovery
package to build a new courthouse. He said, ``I applaud this funding
for the Bakersfield Federal courthouse.''
My Republican colleague from New Jersey (Mr. Lance) announced by a
press release that his district received $13 million from the Recovery
Act for local flood control projects. ``This is outstanding news,'' he
said. He even sent a letter to President Obama asking for speedy
release of those recovery funds.
Another of our colleagues from Michigan on that side of the aisle
issued a press release saying he was pleased to announce that his
international airport would receive $12.7 million from funds received
by the Recovery Act.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. OBEY. I yield myself 1 additional minute.
Another of our colleagues on the minority side from Illinois said,
``There is no question these grants will be of assistance in creating
jobs.''
I can go on and on and on citing Member after Member who denounced
the bill on the House floor and then went home to their districts and
issued grandiose press releases expressing their support for the
results of the recovery package.
I have a little difficulty following that ping pong ball when it's
bouncing on both sides of the table. I have a little difficulty
following the folks on that side of the aisle when they decide to fall
off both sides of the same horse. I wish you would make up your mind:
which do we believe, your statements that you make at home or the
statements and the votes you cast on this House floor?
Mr. LEWIS of California. I yield 2 minutes to the gentlewoman from
Missouri, who is the ranking member on the Financial Services and
General Government Subcommittee, Mrs. Emerson.
Mrs. EMERSON. Madam Speaker, I want to say a couple of things first.
Number one, I don't know if the American people realize that since 2007
this Congress has increased spending on nondefense, nonveterans
discretionary spending and, including the stimulus in that, by 85
percent, 85 percent. In so doing, we still have 30 percent unemployment
in the construction trades in the State of Missouri, and there is no
excuse for that. This bill does very little to help that, very, very
little.
As a matter of fact, some of the stimulus money that went to create
new jobs in my congressional district--actually, our job training
people were told that anybody who is in job training counted as a new
job. Now that's disingenuous at best, and it's not fair to a person who
is being counted as having a job and one is not there waiting for them
when they graduate.
I really want to talk today about my concerns about the use of TARP
funds to offset additional government spending. You know, when we
debated this legislation, we were told the funds were going to be
repaid and that in the long term the Federal Government could make
money on the TARP program.
However, today we are debating whether to use TARP funds, which the
administration really had no plans to spend, as an offset for yet more
government spending. This is a gimmick extraordinaire.
We just debated a bill to increase the debt limit to $12.4 trillion.
Using this budget gimmick as an offset for $75 billion in new spending
is not going to reduce the debt one bit. Every economist in America
says if we don't reduce the debt in this country, then our economy will
go away.
It is going to ensure, this bill does, that our government debt is
going to continue to grow, increasing our dependence on China, on other
foreign investors and increasing the financial burden on our children
and grandchildren.
Mr. OBEY. Could I inquire how much time is left on both sides.
The SPEAKER pro tempore. The gentleman from Wisconsin has 17\1/2\
minutes remaining, and the gentleman from California has 14 minutes
remaining.
Mr. OBEY. I yield 3 minutes to the distinguished chairman of the Ways
and Means Committee (Mr. Rangel).
Mr. RANGEL. Chairman Obey, let me thank you for not just saying what
are we going to do about the jobs, but bringing this all together and
doing something about it. One of our great Presidents, Jack Kennedy,
once said that sometimes your party just asks too much of you.
I know that's what my Republican friends must feel today, because
there is no question in my mind that they have just as much compassion
in their heart for those jobless people as we do. They know, as we do,
that those who have lost their homes, lost their dignity, lost their
job, didn't do it by being Democrats or being Republicans.
I recognize that when you go in a room and make a decision to say
``no,'' you are kind of stuck with it, so we are not naive enough to
believe that I can change your mind about what you already decided, but
I do hope that when you go back to your home districts, and you
recognize what is happening to people who are jobless, many of whom are
hopeless, many have lost their skills and many who hope soon it will
not continue, have lost what it's like to believe that in this great
country there is no limit to how far that you could go.
{time} 1715
So maybe next year would be different. Maybe the guys in the street
will be following you around, as we find people grabbing Members of the
Congress, saying, Hey, my dad needs a job, Congressman, Congresswoman,
can you help?
We're trying to help. It was a big crisis and a lot of blame to go
around. But collectively someone thought that TARP would work. Well, it
had some successes. One thing is certain: We're not going back there.
This time it's not the banks. It's not Wall Street in my area. It's now
going to be Main Street, so that once again you have an opportunity to
explain what are you doing in the Congress.
Well, I know it didn't go over big to say that you were bailing out
banks. It certainly didn't go over in my district. How about we're
trying to bail out our people. We're trying to restore the hope and
confidence they had. We're trying to keep kids in school. We're trying
to put food on their table. Sure, we talk about food stamps and food
pantry, but we're trying to restore that dignity that make Americans so
much different from other people.
In the Ways and Means Committee, where we have jurisdiction over
COBRA, this is another step to have dignity. You lose your job, you
lose your health care. What a terrible thing to be looking for work and
you're sick and you can't even go to the doctor. Worse still, if there
are sick people in your family and you don't have the insurance. Well,
the Federal Government comes in not with handouts but saying can we
give you a hand with your responsibility to provide health care? And
that's what we've done on our committee.
We've taken unemployment benefits. You know, you can get enough
checks for the length of time----
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. OBEY. I yield the gentleman an additional 1 minute.
Mr. RANGEL. Thank you, Mr. Chairman.
In any event, we got aid out there for school construction. It's not
just to make certain that we have a place for our kids to learn to
become the leaders of tomorrow but also that people can get bricks and
mortar and rebuild those schools and renovate those schools, and that's
what we're doing.
We've been able to make certain that at least the Ways and Means
Committee can join in with the other committees, under the leadership
of our great Speaker and Dave Obey, to be able to say this is not all
that we want to do; this is all that we can do.
Maybe over the holidays you might be able to get back to your
leadership and say, We've been faithful. But we've found out that many
in our districts have lost jobs, lost their home, lost their health
insurance, and really lost hope. Just saying ``no'' is not going to
work.
[[Page 32512]]
Mr. LEWIS of California. Madam Speaker, I yield 2 minutes to the
gentleman from Michigan (Mr. Camp), ranking member of the Ways and
Means Committee.
Mr. CAMP. I thank the gentleman for yielding.
Albert Einstein once said, ``The definition of insanity is doing the
same thing over and over again and expecting different results.''
Yet even though their stimulus bill hasn't created a single job and
has resulted in 10 percent unemployment, House Democrats have brought
to the floor today a stimulus II bill that explicitly amends,
continues, or expands numerous provisions of their failed stimulus I
bill.
And here's a graphic depiction of this insanity.
How does spending more on the Bureau of Reclamation create jobs now
when it didn't before? How does transit capital assistance create jobs
now when it didn't before? And how do more loan guarantees create jobs
now when they didn't before?
This is a ``son of stimulus'' bill. Let's stop the insanity. Vote
``no.''
Mr. OBEY. Madam Speaker, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Frank), the chairman of the banking committee.
Mr. FRANK of Massachusetts. Madam Speaker, the assertion that the
economic recovery bill, the stimulus bill, has created no jobs is, I
must say, one of the least intellectually supportable statements I have
heard on this House floor, and I've been here a long time. There's an
argument about how much and how little, but no competent economist
denies that it helped create jobs.
Here's where we are: The fact is that the Obama recovery from the
Bush recession has been going more slowly than many of us would like,
but it is undeniable by every statistic it is going forward.
Now, if you listen to my Republican colleagues, you learn that the
third worst day in American history was January 21, 2009. The worst
day, of course, was Pearl Harbor, and then we had the terrible mass
murders of 2001. But to pick a day when there were no mass deaths, what
was the worst day? January 21, 2009, because according to this debate,
guess what happened on January 21, 2009? The Federal budget, which was
apparently in surplus, all of a sudden punched into deficit.
Unemployment suddenly appeared. The war in Afghanistan, by the way, was
going wonderfully until January 21, 2009. There were no bailouts until
January 21, 2009. Some of you may have thought they happened in
September of last year, but, no, apparently it all started on January
21, 2009.
And not only that--and I have to say I'm quoting my partner, Jim,
here--it was one of the worst outbreaks of disease in American history.
Mass amnesia seized the Republican Party on January 21, 2009. They
forgot that the Bush recession started under President Bush in 2007,
after they had controlled both the House and the Senate and the
Presidency for the longest time. They forgot that the deficit had
mushroomed under them. They forgot that trying to pay for two wars with
five tax cuts was kind of a bad idea, and at least you shouldn't be
surprised it resulted in a deficit.
So what we are now doing is trying to undo that. And adults
understand that you cannot go from a terrible decline to rapid increase
without passing through a transitional period. We are passing through
it by every economic statistic.
Now, I agree the situation was worse than we thought, and it is
getting better more slowly than we had hoped, but it is clearly getting
better. And, again, if you listen to my Republican colleagues, the
world began on January 21, 2009. I know some of them thought it started
4,000 years ago, and they didn't believe in evolution. I didn't think
they thought it all started when Barack Obama became President.
We do try here to help. I was astounded to hear the gentleman from
Michigan say it hasn't created one job. Madam Speaker, tell that to the
cops and firefighters in my district who were rehired because of this.
Tell that to the people now working to clean up a Superfund site in my
district which was funded by this bill. This denial of reality to evade
responsibility for the dilemma we are in is breathtaking.
So I want to congratulate the gentleman from Wisconsin, who has been
the most consistent advocate of social fairness and economic
effectiveness that we've had, for a wonderful bill.
Mr. LEWIS of California. Madam Speaker, it's my privilege to yield 2
minutes to the gentleman from Texas (Mr. Hensarling), Chairman Frank's
great friend from the committee.
Mr. HENSARLING. I thank the gentleman for yielding.
You know, repeating failure over and over might be amusing if it
wasn't for the fact that so many of our countrymen are suffering.
I heard the distinguished chairman of the Financial Services
Committee share with us his history lesson, but also I might add if we
look at press reports, clearly Democrats have had trouble counting jobs
in America.
What we do know is that the Department of Labor says that we still
have double-digit unemployment under this President and this Democratic
Congress. What we know is that the Department of Labor says that since
the first stimulus bill was passed, to add an extra trillion dollars of
spending and debt for future generations to pick up, that 3.6 million
of our fellow countrymen have lost their jobs.
The history lesson that I hope my friends on the other side of the
aisle would learn is that you cannot spend your way into more jobs. You
cannot borrow your way into more jobs. And you cannot bail out your way
into more jobs. And, Madam Speaker, the legislation they bring before
us does exactly that. It's more of the same. It is ``son of stimulus.''
Spend another $150 billion of taxpayer money. How many more jobs have
to be lost? It wasn't an hour ago that this body just voted for $290
billion more of debt ceiling, borrowing the money from the Chinese,
sending the bill to our children and grandchildren. How many more jobs
have to be lost? Bailout funds, bailout funds for the States, bailout
funds for the municipalities. How many more bailouts, how many more
jobs have to be lost?
In this economy, small business, they want to create the jobs, but
take away your trillion-dollar takeover of health care, take away your
$600 billion national energy tax, take away your perpetual Wall Street
bailout bill, and jobs will come back to America.
Those are the policies that we need, Madam Speaker.
Mr. OBEY. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Speaker, I rise in support of this jobs bill.
We have seen 23 straight months of job losses. What does this mean?
It means that families are under a huge stress. It means there are
hungry children in the United States of America. It means a lost
generation of American workers.
We owe a response to those families contending with joblessness and
the financial havoc it wreaks on their lives. It is not only the moral
thing to do; it is our obligation as legislators and as citizens.
I urge my colleagues to support this bill. It redirects $75 billion
of TARP funds, money that was spent on Wall Street, and it moves it
toward key infrastructure investments, which will provide jobs now. It
provides a foundation for long-term prosperity. It helps to stabilize
our public sector workforce. It supports teachers, police officers,
firefighters, and other public servants. And as important, it cuts
taxes for 16 million struggling families by making the child tax credit
available to working families with children.
They lost their jobs. They lost their health benefits. Their work
hours were cut short. And, yes, their child tax credit was decreased.
Refundable tax credits are the most fiscally stimulative policies that
we can put into place. Don't listen to me. Listen to economists. And it
puts money into the hands of families who are living today paycheck to
paycheck, and their spending in turn leads to a strong boost in
[[Page 32513]]
job creation. Let's put that TARP money to work where it always
belonged, in the hands of the American people.
I urge my colleagues to support this bill. We need to get America
back to work.
Mr. LEWIS of California. Madam Speaker, it's my privilege to yield 2
minutes to the gentleman from Virginia (Mr. Cantor), the Republican
whip.
Mr. CANTOR. I thank the gentleman from California.
Madam Speaker, Winston Churchill once said that, ``All men make
mistakes, but only wise men learn from their mistakes.''
Today it is apparent that Congress has not learned anything. The bill
on the floor today is just another round of spending that doubles down
the failure of last February's so-called stimulus plan while ballooning
the deficit.
The first stimulus plan and bill failed to hold down unemployment,
but it successfully increased our reliance on borrowed money. Worse, a
lot of the money designated for infrastructure, those shovel-ready
projects we all heard about, hasn't even gotten out of Washington yet.
Why is it still here if it was designed to create jobs?
Sadly, pouring billions into the very same programs will meet a
similar dismal fate. Just as bad, this legislation continues to fall
hopelessly short of providing real relief to small businesses so they
can resume hiring, investing, and expanding.
Now is not the time to spend an additional $150 billion we don't
have. It's time to come together to ease the burden on small businesses
and to start giving them a sense of certainty so they can go about the
business of creating jobs and prosperity.
Madam Speaker, I urge a ``no'' vote on this so-called ``jobs'' bill.
{time} 1730
Mr. OBEY. I yield 1 minute to the distinguished gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Only the lack of clarity and poor eyesight
can call this the so-called jobs bill, because if we've looked over the
last year, the American Recovery and Reinvestment Act helped save 3.5
million jobs. They named Chairman Bernanke as the person of the year,
but his twin was the work that was done on this floor by the Democratic
leadership to invest in America. My district has a 9 percent
unemployment. In Saturday's Washington Post, three parents were seen
with lights out and children who are hungry. Oh, yes, this sounds like
spend, spend, spend, but I tell you, if we can invest a billion dollars
in infrastructure, we create 27,800 jobs, and I'm proud to invest 35
billion of those dollars in fixing the highways and the roads of
America.
I am glad 150,000 Americans will now be able to get training in high
professional jobs, and I am glad that we are working on a metro system
that will create jobs in our district.
Vote for this bill. It's jobs, jobs, jobs. Get good glasses and
you'll see that.
Mr. LEWIS of California. Madam Speaker, by way of inquiry of my
chairman, aside, Mr. Chairman, from the unprecedented and secretive
process by which this bill was put together and is being brought to the
floor, the rule before us contained a most unusual provision to allow
the chairman to submit a report explaining the legislation. It would be
very helpful to all Members before we vote on over $154 billion in
spending to actually have the benefit of the chairman's explanation.
I, for one, have not only not seen this report, I didn't even know he
was writing one. Therefore, I would ask the chairman, is there a copy
of this report, and will you make it available now so that Members will
have a chance to see it before we vote on this bill?
Mr. OBEY. Well, I find it very interesting that the gentleman has not
raised this point with respect to the Defense appropriations bill. But
let me simply say that the explanatory statement for this bill is very
short. It is on our Web site. It was posted there this morning.
Mr. LEWIS of California. The chairman certainly might have given us
the courtesy of communicating that that was his intention ahead of
time. And it's very clearly stated within the report that the Members
would have it available to them. Obviously, the chairman has chosen to
ignore that side of the responsibility.
With that, I reserve the balance of my time.
Mr. OBEY. Might I inquire how much time is remaining on both sides?
The SPEAKER pro tempore. The gentleman from Wisconsin controls 7\1/2\
minutes, and the gentleman from California controls 8 minutes.
Mr. OBEY. I yield 1 minute to the distinguished gentleman from
Pennsylvania (Mr. Fattah).
Mr. FATTAH. Madam Speaker, I rise in support of this legislation. The
Republican minority has been fairly consistent. When we focused on
health care, they said, well, 85 percent of the people in the country
have health care, so let's not turn things upside down, let's not
sacrifice too much to try to deal with the tens of millions who don't
have it; 85 percent have it.
On the jobs front, 90 percent of the people in the country have jobs.
So I can see their lack of empathy for the 10 percent who don't, and
they don't see a need for us to act. But as we come to this holiday
season, as we look and see many of our citizens who not only have not a
job at this moment, mainly because of policies enacted, this
unwarranted war in Iraq and fiscal policies that have had us a double-
digit national debt in the trillions before Barack Obama was sworn into
office, but they don't really see a need for us to do a great deal of
effort here to try to put Americans back to work.
I want to thank the chairman for authoring this legislation which is
bifurcated, both focused on jobs and also in helping people in a
difficult moment. That's what I think America ought to be about. I rise
in support of this legislation.
Mr. OBEY. Could I inquire of the gentleman how many speakers he has
remaining.
Mr. LEWIS of California. We have no speakers remaining. I might make
a few remarks after I hear what the chairman has to say.
Mr. OBEY. Well, I am the last speaker, and since I have the right to
close, I would suggest you use your time and then we'll use ours.
Mr. LEWIS of California. Can you give me an idea how much of your
time you intend to take?
Mr. OBEY. The remainder of the time.
Mr. LEWIS of California. Ten minutes?
Mr. OBEY. No, we don't have 10 minutes.
The SPEAKER pro tempore. The gentleman from Wisconsin controls 6\1/2\
remaining minutes, and the gentleman from California 8 minutes.
Mr. LEWIS of California. I think it would be very important for the
Members to know, Madam Speaker, that up to this point, only about 15
percent of the first piece of this package has been spent, so Stimulus
I is a long ways away from being spent. And I think we all know that
the agencies are awash in money coming through the pipeline, and they
wonder where it's going to go from here. It's significant to know that
as we spend the people's money in this process, with very, very little
information available to our Members, the majority is choosing to push
another $150 billion down that pipeline, regardless of what has been
spent already.
It seems to me that one of the lessons to be learned here is that the
American people are much smarter than we give them credit for. They
know that just throwing money at every perceived problem out there is
no way to solve such a problem. In the meantime, I will listen with
interest to my chairman's closing remarks.
I yield back the balance of my time.
Mr. OBEY. Madam Speaker, we have heard three times at least now our
friends on the minority side indicate that only 12 percent of the
original stimulus funding has, quote, left the Treasury. That's a very
slippery way to put it, because the fact is that what ``left the
Treasury'' means is that after funds are obligated to those who will
actually spend it, and after the bills
[[Page 32514]]
have been paid by those recipients, then the money has, indeed, left
the Treasury. The real term to focus on is what has been obligated. And
the fact is that for the programs in this bill, 70 percent of the funds
previously appropriated to those programs have already been obligated.
So much for that argument.
Example: The minority press release states, ``No funds out of the $1
billion provided for COPS has left the Treasury.'' The fact is, all of
that funding has been awarded.
The minority press release states, ``Only $235 million out of the
$6.4 billion for EPA wastewater grants has left the Treasury.'' The
fact is, 99 percent of that funding has already been provided to the
States. So much for that straw man.
Let me, Madam Speaker, simply make this observation: we have before
us a bill that determines to redirect $75 billion, which had initially
been directed to help Wall Street, and we want to, instead, redirect
that money to help Main Street. So we provide $27 billion, for
instance, for highway infrastructure projects to put people back in
construction. You're either for it or you're against it.
We have provided enough funding in this legislation to assist more
than 670 communities address their growing backlog of water and sewer
repairs and put people to work in the process. You're either for it or
against it.
We've provided $27 billion from Wall Street to Main Street to try to
stabilize public service jobs. We're trying to preserve 250,000
teaching jobs over the next 2 years, for instance. You're either for
doing that or you're against it.
We're trying to use $500 million to preserve the jobs of thousands of
firefighters all across the country. You are either going to help or
you're not.
We are trying to provide 250,000 disadvantaged youth with summer
employment opportunities. You're either going to help them or you're
not.
We're trying to provide 250,000 students with additional college work
study funds so they can stay in school. You're either going to help
those students or you're not.
We're trying to provide funding for approximately 150,000 individuals
in high-growth and emerging industry sectors where we know there are
job growth possibilities. You're either going to help support that or
not.
We are trying to provide unemployment insurance for 6 months rather
than the 2-month extension that was in the previous bill today. You're
either going to help those people or not.
We are trying to provide $23 billion to extend the higher Federal
match for payments to doctors, or we're not.
So, basically, it's about time to decide where you're coming from. An
article in the New York Times today described what happens when you
lose your job. It pointed out that more than half of the Nation's
unemployed workers have had to borrow money from friends or relatives
since losing their jobs. They've had to cut back on doctor visits. That
same article indicates that a quarter of those polled had said they'd
lost their home or been threatened with foreclosure. They also noted
that half of the adults surveyed admitted to feeling embarrassed or
ashamed as a result of being out of work. And nearly half of the
respondents said they no longer had health insurance. The question is,
are you going to help those people or not?
We can argue what our economic philosophy is until the cows come
home, as they say in my area, but it seems to me that the question
simply is, We've got a problem; what are you going to do about it?
JOBS FOR MAIN STREET ACT, 2010
EXPLANATORY STATEMENT
THE JOBS CRISIS
A jobs bill is urgently needed because of the worst job
situation since the Great Depression of the 1930s. The vast
majority of fair-minded economists have concluded that the
Recovery Act has had a positive effect on the job situation
and they also agree that sizeable and targeted deficit
spending makes sense at this time of unusually high
unemployment, low inflation, and low interest rates, but not
after the economy recovers.
The current recession has been especially severe in the
labor market:
The unemployment rate has reached 10 percent. Almost every
age and education group is experiencing higher unemployment
than at any time since the 1930s.
This dismal unemployment situation is not expected to
improve any time soon. The Blue Chip consensus of economic
forecasters expects the unemployment rate to get worse early
next year and still be 9.9 percent at the end of 2010.
The number of people unemployed has more than doubled in
the last two years, from 7.2 million to 15.4 million, an
increase of 8.2 million. 10.6 million more people would have
a job today if employment growth had simply kept up with
population growth over the last two years.
The crisis in the job-market goes beyond the increase in
unemployment. The number of people working part time but
seeking full-time work has doubled in two years, from 4.5
million to 9.2 million. The number of people who want a job
but are too discouraged to look for work has risen by 1.4
million or 30 percent in two years.
The total number of people who are either unemployed or
working part-time for economic reasons or have dropped out of
the labor force but want a job has risen by 14.2 million in
just two years.
Other indicators make the case for a jobs bill:
For the first time since the 1930s, manufacturing is using
less than two-thirds of its capacity. So much unused capacity
means that production can be very responsive to new demand
without increases in prices.
With its Federal funds rate at virtually zero, the Federal
Reserve's capacity to stimulate the economy is limited.
The rates on Federal government borrowing remain unusually
low.
The evidence is overwhelming that the Recovery Act has made
the job situation substantially better than it would have
been without the Recovery Act:
The Congressional Budget Office recently estimated that, as
of September, the Recovery Act had already raised employment
by 600,000 to 1.6 million. All major private forecasters have
made similar estimates.
The rate of job loss has declined from 700,000 a month for
the three months before the Recovery Act to just 11,000 job
losses last month.
A recent Wall Street Journal survey of economic forecasters
found that a clear majority supported additional jobs
measures, a position that they would not have taken unless
they believed the first round had worked.
Continued high unemployment takes a toll on those
unemployed and their families who experience the frustration
of not finding work. Local communities also suffer a loss of
tax base which forces cutbacks on education and other
services vital to everyone in the community.
It makes sense for the Federal government to invest more in
expanding training opportunities at times of high
unemployment. State and local governments face pressures to
cut back on all spending, including education. On the other
hand, the lack of work opportunities gives many people more
time to devote to education and upgrading job skills.
Faster reduction of unemployment is in the long-term
interest of the Nation's economy. When people have jobs, they
have money to spend that has a multiplier effect on the
economy generally. In addition, prolonged unemployment causes
workers' skills to erode which reduces the Nation's
productive capacity.
TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT
CHAPTER 1--DEPARTMENT OF JUSTICE
Community Oriented Policing Services
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,179,000,000 for Community Oriented
Policing Services grants for the hiring and rehiring of an
estimated 5,500 law enforcement officers.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
CORPS OF ENGINEERS--CIVIL WORKS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
The bill provides an additional $715,000,000 for
Construction to support an estimated 7,800 jobs. This funding
will support the construction of water resource projects in
areas where they can quickly create jobs. Unemployment in the
construction industry in November was 19.4 percent, up from
just 6.2 percent two years ago. The projects will also
provide long-term economic benefits through lasting
infrastructure improvements. The Corps is directed to
consider the following criteria when allocating funds:
programs, projects or activities that can be commenced
quickly; programs, projects or activities that will create
high and immediate employment; programs, projects or
activities that will be executed by contract or direct hire
of temporary labor; and programs, projects or activities that
are located in a state with high unemployment.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The bill provides an additional $100,000,000 to support an
estimated 1,000 jobs for the
[[Page 32515]]
programs of the Bureau of Reclamation. This funding will
support the construction of water supply projects in areas
where they can quickly create jobs in the construction
industry. Unemployment in that sector was 19.4 percent in
November, up from just 6.2 percent two years ago. The Bureau
is directed to consider the following criteria when
allocating funds: programs, projects or activities that can
be commenced quickly; programs, projects or activities that
will create high and immediate employment; programs, projects
or activities that will be executed by contract or direct
hire of temporary labor; and programs, projects or activities
that are located in a state with high unemployment.
Additionally, funds are provided to respond to drought in
western and southwestern United States by expediting projects
and activities that supplement existing water supplies such
as through the title XVI program, meeting fish and wildlife
needs, adding flexibility to water delivery systems, or
addressing other factors to reduce conflict over limited
water supplies.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Title 17 Innovative Technology Loan Guarantee Program
The bill provides an additional $2,000,000,000 for the cost
of guaranteed loans authorized by section 1705 of the Energy
Policy Act of 2005. This funding should support an estimated
22,000 jobs in the renewable energy sector, providing a boost
to the construction industry as well as contribute to the
Nation's goals for energy independence. Most renewable energy
funds are spent on materials and workmanship to build and
maintain the facilities, rather than on costly energy
imports. Further, as we build manufacturing capability in the
United States, renewable energy technologies developed and
built here can be sold overseas, providing a boost to the
U.S. trade deficit.
INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAMS
Section 1201 includes a provision modifying the Energy
Policy Act of 2005 authorization for the Department of
Energy's Innovative Loan Guarantee Program.
CHAPTER 3--HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Firefighter Assistance Grants
This bill provides $500,000,000 to retain, rehire, and hire
an estimated 2,500 firefighters across the United States and
directs the Department of Homeland Security to make these
awards within 120 days. The Secretary may transfer any unused
funds to firefighter assistance equipment grants subject to
notification.
CHAPTER 4--INTERIOR AND THE ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of Lands and Resources
The bill provides $20,000,000 as an additional amount for
``Management of Lands and Resources'' to support an estimated
1,000 term jobs. These funds should be used to increase term
employment for activities on all Bureau of Land Management
lands including maintenance, resource management, invasive
species management, and inventory and monitoring.
UNITED STATES FISH AND WILDLIFE SERVICE
Resource Management
The bill provides $30,000,000 as an additional amount for
``Resource Management'' to support an estimated 1,500 term
jobs. These funds should be used to increase term employment
for activities funded under this heading, including
activities on all national wildlife refuges and national fish
hatcheries such as maintenance, invasive species management,
inventory and monitoring, and for high priority habitat
restoration projects.
NATIONAL PARK SERVICE
Operation of the National Park System
The bill provides $50,000,000 as an additional amount for
``Operation of the National Park System'' to support an
estimated 2,700 term jobs. These funds should be used to
increase term employment for activities on all national park
units such as maintenance, interpretive, and resource
management activities including invasive species management,
inventory and monitoring, restoration of historical
resources, and work with the National Register of Historic
Places.
DEPARTMENT-WIDE PROGRAMS
Wildland Fire Management
The bill provides $20,000,000 as an additional amount for
``Wildland Fire Management'' to support an estimated 1,000
term jobs. These funds should be used to increase term
employment for activities on all Interior Department lands,
particularly for hazardous fuels reduction and related
activities including necessary inventory and monitoring.
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $2,000,000,000 for water and wastewater
infrastructure improvements, of which $1,000,000,000 is for
the Clean Water State Revolving Fund and $1,000,000,000 is
for the Safe Drinking Water State Revolving Fund. This
funding will support approximately 44,000 jobs and will
assist more than 670 communities and cities construct vitally
needed projects to address the ever growing backlog of sewer
and water repairs and rehabilitation. The bill provides that
half of the funds include additional subsidies such as
principal forgiveness and grants, making it easier for more
communities to have access to this program.
DEPARTMENT OF AGRICULTURE
Forest Service
STATE AND PRIVATE FORESTRY
The bill provides $75,000,000 as an additional amount for
``State and Private Forestry'' to support an estimated 3,800
term jobs. These funds are for financial assistance to States
and other authorized cooperators, to increase term employment
for activities, including reducing wildfire hazards, forest
health management, restoring and rehabilitating forests
damaged by pests or invasive species, enhancing urban and
community ecosystems, and providing cooperation and technical
assistance. The Forest Service should not require cost share
for the use of these urgently needed funds.
NATIONAL FOREST SYSTEM
The bill provides $40,000,000 as an additional amount for
``National Forest System'' to support an estimated 2,000 term
jobs. These funds should be used to increase term employment,
including management, protection, improvement and utilization
activities on the National Forest System, and including
maintenance, resource management, visitor services
enhancement, forest health, habitat and watershed
enhancement, invasive species management, and necessary
inventory and monitoring.
WILDLAND FIRE MANAGEMENT
The bill provides $35,000,000 as an additional amount for
``Wildland Fire Management'' to support an estimated 1,800
term jobs. These funds should be used to increase term
employment for Forest Service authorized activities,
including hazardous fuels reduction and related activities,
such as necessary inventory and monitoring.
GENERAL PROVISIONS--THIS CHAPTER
Section 1401 allows funds for management and oversight
provided to the Environmental Protection Agency in this Act
to be available until September 30, 2012, and the funds may
be transferred to the ``Environmental Programs and
Management'' account as needed.
Section 1402 requires the Secretaries of the Interior and
Agriculture to utilize, to the maximum extent practicable,
the Public Lands Corps, Youth Conservation Corps, Student
Conservation Association, Job Corps, Corps Network members
and other related partnerships with Federal, State, local,
tribal or non-profit groups that serve young adults,
underserved and minority populations, veterans and special
needs individuals.
CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and Employment Services
The bill includes $500,000,000 for a summer employment
program for youths. According to the Bureau of Labor
Statistics (BLS), the unemployment rate for teenagers (age
16-19) reached 26.7 percent in November 2009--the highest
level recorded since BLS began collecting data. These funds
will support summer youth employment for approximately
250,000 disadvantaged youths.
High Growth Jobs
The bill includes $750,000,000 for competitive grants to
support job training for approximately 150,000 individuals in
high growth and emerging industry sectors, particularly in
the health care and green industries that are adding jobs
despite difficult economic conditions. Grants for job
training in green industries will focus on programs that
train workers living in areas of high poverty.
DEPARTMENT OF EDUCATION
Education Jobs Fund
The bill includes $23,000,000,000 for an Education Jobs
Fund to help States cope with the most dramatic decline in
State tax receipts on record--due to the worst recession in
30 years. These funds will help States to save or create an
estimated 250,000 jobs over the next two years. Of the total
appropriation, 95 percent of the funds will be allocated by
States to school districts and public institutions of higher
education to retain or create jobs providing early childhood
education, elementary, secondary, or postsecondary education
services or for modernization, renovation, and repair of
facilities. The remaining 5 percent of funds is reserved for
State education-related jobs and administration of the
Education Jobs Fund.
Student Financial Assistance
The bill includes $300,000,000 to support the College Work
Study program, which supports
[[Page 32516]]
low- and moderate-income undergraduate and graduate students
who work while attending college. Together with institutional
matching funds, this appropriation will support work-study
jobs for approximately 250,000 financially needy students.
RELATED AGENCIES
Corporation for National and Community Service
Operating Expenses
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $200,000,000 for AmeriCorps programs and
the National Service Trust, which will support an additional
25,000 AmeriCorps Members. This funding will enable these
individuals to serve their communities while earning an
education award to further their education or pay off student
loans. AmeriCorps members conduct vital services for
nonprofits and communities including financial counseling,
disaster response, housing support, and after school
programs. The Corporation has seen an unprecedented level of
interest from States, localities, and nonprofit organizations
in its programs. Between November 2008 and April 2009,
AmeriCorps received 76,404 online applications, up 230
percent compared to the same period in the year before.
GENERAL PROVISIONS--THIS CHAPTER
Issuer Allowed Refundable Credit for Qualified Zone Academy Bonds
(QZABS) and Qualified School Construction Bonds (QSCBs)
Section 1501 includes several provisions pertaining to
QSCBs and QZABs, which finance public school construction,
rehabilitation, and repair. Because the market for tax
credits on QSCBs and QZABs currently is small given economic
conditions, the bill would allow a State, local government,
or tribal government issuing QSCBs or QZABs to elect to
receive a direct payment from the Federal government equal to
the amount of the tax credit that would have otherwise been
payable on these bonds. The bill also includes a technical
correction that clarifies that large local school districts
are allowed to carry their 2009 and 2010 allocations of QSCBs
into future years if they are not issued.
CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
The bill provides $500,000,000 for the Federal Aviation
Administration to provide discretionary airport grants to
repair and improve critical infrastructure at our Nation's
airports. Projects funded under this Act, as well as under
the American Recovery and Reinvestment Act, use the criteria
established for grants under the AIP program and provide
long-term economic, safety and capacity benefits to the
Nation's airport system. This funding will support an
estimated 5,000 jobs.
Federal Highway Administration
HIGHWAY INFRASTRUCTURE INVESTMENT
The bill provides $27,500,000,000 for additional highway
infrastructure investment to support an estimated 299,000
jobs. Funds are distributed by formula, with a portion of the
funds within each State being suballocated by population
areas. Set asides are also provided for: management and
oversight; Indian reservation roads; park roads and parkways;
forest highways; refuge roads; ferry boats; on-the-job
training programs focused on minorities, women, and the
socially and economically disadvantaged; a bonding assistance
program for minority and disadvantaged businesses; Puerto
Rico and the territories; and environmentally friendly
transportation enhancements.
Federal Railroad Administration
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $800,000,000 for capital grants to the
National Railroad Passenger Corporation (Amtrak) for fleet
modernization, including the rehabilitation of existing and
acquisition of new passenger equipment, including fuel
efficient locomotives. The Secretary of Transportation is
directed to give priority to domestically manufactured
equipment, including components and subcomponents used for
rehabilitation. In addition, new acquisitions should be part
of a larger strategy to work with domestic manufacturers to
create a standardized next generation corridor equipment
fleet. This funding supports an estimated 9,000 jobs.
Federal Transit Administration
TRANSIT CAPITAL ASSISTANCE
The bill provides $6,150,000,000 for urban and rural
formula grants to support an estimated 67,000 jobs. Within
the total amount, 80 percent of the funds shall be provided
through the Federal Transit Administration's (FTA) urbanized
formula; 10 percent shall be provided through FTA's rural
formula; and 10 percent shall be provided through FTA's
growing states and high density formula. In addition, the
bill provides 2.5 percent of the rural funds for tribal
transit needs and includes $100,000,000 for discretionary
grants to public transit agencies for capital investments
that will assist in reducing the energy consumption or
greenhouse gas emissions of their public transit agencies.
FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT
The bill provides $1,750,000,000, to support an estimated
19,000 jobs, to be distributed through an existing authorized
formula for capital projects to modernize or improve existing
fixed guideway systems, including purchase and rehabilitation
of rolling stock, track, equipment and facilities.
CAPITAL INVESTMENT GRANTS
The bill provides $500,000,000, to support an estimated
5,000 jobs, to be distributed on a discretionary basis for
New Starts and Small Starts projects that are already in
construction or are nearly ready to begin construction.
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $100,000,000 for the Maritime Guaranteed
Loan (Title XI) program to allow vessels and shipyards to
obtain long-term financing for growth and modernization
projects.
GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION
Maintenance of Effort
Section 1601 ensures continued State investment in certain
identified programs for which the State receives funding in
this Act and requires grant recipients to report regularly on
the use of those funds.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
PUBLIC HOUSING CAPITAL FUND
The bill provides $1,000,000,000 for the Public Housing
Capital Fund for additional repairs and rehabilitation of
public housing, including increasing the energy efficiency of
units and making critical safety repairs. The Secretary is
directed to award these funds competitively to public housing
agencies that submitted applications in the competition for
funds conducted in fiscal year 2009. In that competition, HUD
received applications totaling approximately $3,700,000,000
for Capital Fund projects, but was only able to fund
$1,000,000,000 in awards. This funding will spur construction
quickly, especially since HUD has ready-to-go applications
for projects on hand. This funding will support an estimated
10,900 construction jobs.
Community Planning and Development
HOUSING TRUST FUND
The bill provides $1,000,000,000 for the National Housing
Trust Fund to provide communities with funds to build,
preserve, and rehabilitate rental homes that are affordable
for extremely and very low income households; and $65,000,000
for project-based vouchers to support units built by the
Trust Fund. Nationwide, for every 100 extremely low income
renter households, there are only 37 homes they can afford,
further, capital expenditures for housing will create jobs in
the construction industry. This funding will support an
estimated 19,000 construction jobs.
CHAPTER 7--GENERAL PROVISION
TARP REDUCTION
Section 1701 reduces the ceiling on loans, investments and
other assistance under the Troubled Asset Relief Program
(TARP) by $150,000,000.
Section 1702 provides that all funds under this title shall
be subject to section 1604 of division A of the American
Recovery and Reinvestment Act of 2009.
Section 1703 makes appropriations in this title subject to
American Recovery and Reinvestment Act reporting and
transparency requirements and Inspector General oversight.
TITLE II--SURFACE TRANSPORTATION EXTENSION
This title extends the authorization for the highway,
transit, highway safety and motor carrier safety programs of
the Department of Transportation until September 30, 2010. In
addition, the bill includes language that provides 100
percent federal share for the transportation programs
authorized in the title, repeals the provision that prohibits
Highway Trust Fund balances from earning interest, and
restores $20,000,000,000 to the Highway Trust Fund.
This title also strengthens the Buy America requirements
for highway and transit projects, and provides greater
transparency for Buy America waivers.
TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
Department of Agriculture
GENERAL PROVISION--THIS CHAPTER
(RESCISSION)
Relief for Discrimination in a Credit Program of The Department of
Agriculture Under The Equal Credit Opportunity Act
Section 3101 extends the statute of limitations for claims
of discrimination in USDA's credit programs that have been
pending at USDA.
[[Page 32517]]
CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
Small Business Administration
Business Loans Program Account
The bill provides $354,000,000 to the Small Business
Administration (SBA), to continue two temporary enhancements
to SBA loan guarantee programs made by the American Recovery
and Reinvestment Act of 2009 and which are nearly out of
funding. One of the enhancements being extended allows the
SBA to guarantee 90 percent of certain small business loans,
instead of the 75 percent allowed under permanent law (or 85
percent for small loans), thereby encouraging banks to make
these loans by reducing the amount they have at risk and the
reserves they must hold. The other reduces fees paid by
lenders and borrowers. The funding provided in the bill is
estimated to be sufficient to continue both items through the
end of fiscal year 2010. The bill also extends the expiration
date of the authorization for the 90 percent loan guarantees
to September 30, 2010.
GENERAL PROVISION--THIS CHAPTER
(RESCISSION)
Section 3201 rescinds funds that will lapse at the end of
fiscal year 2010.
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
GENERAL PROVISIONS--THIS CHAPTER
Assistance for Unemployed Workers and Struggling Families
Section 3301 provides a six-month extension of expiring UI
benefit provisions that were established or continued in the
American Recovery and Reinvestment Act, including the
Emergency Unemployment Compensation program, 100 percent
Federal funding for the Extended Benefits program, and the
extra $25 weekly UI benefit.
Extension and Improvement of Premium Assistance for COBRA Benefits
Section 3302 extends the 65 percent COBRA health insurance
subsidy from nine to 15 months for individuals who have lost
their jobs. The job lost eligibility date is extended in the
provision through June 30, 2010.
Extension of Recovery Act Increase in the Federal Medical Assistance
Percentage (FMAP)
Section 3303 extends for six months, through June 2010, the
FMAP provision in the Recovery Act, which increases the
Federal match for Medicaid for all State programs.
Repeal of Earned Income Threshold for Determining Refundable Portion of
Child Tax Credit
Section 3304 increases the eligibility for the refundable
portion of the child tax credit. The bill would increase the
eligibility for the refundable child tax credit in 2010. For
2009, the child tax credit is refundable to the extent of 15
percent of the taxpayer's earned income in excess of $3,000.
The bill would eliminate this floor for 2010.
Department of Health and Human Services (HHS) Poverty Guidelines
Section 3305 includes a provision to freeze the HHS poverty
guidelines at 2009 levels in order to prevent a reduction in
eligibility for certain means-tested programs, including
Medicaid, Supplemental Nutrition Assistance Program (SNAP),
and child nutrition, in 2010.
Refunds Disregarded in the Administration of Federal Programs and
Federally Assisted Programs
Section 3306 provides, for one year, the exclusion of tax
refunds as income for the purpose of assessing eligibility
for means-tested programs supported by Federal funds.
Section 3307 permanently authorizes a provision to help
Social Security and Supplemental Security Income disability
claimants retain professional representation.
CHAPTER 4--GENERAL PROVISION--THIS TITLE
Section 3401 provides an emergency designation and PAYGO
emergency designation.
TITLE IV--GENERAL PROVISIONS--THIS ACT
Section 4001 establishes a period of availability for
funds.
Section 4002 requires Buy America requirements.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, neither the amended bill nor the
explanatory statement contains any congressional earmarks,
limited tax benefits, or limited tariff benefits.
With that, I would yield to the Speaker to conclude my remarks.
The SPEAKER pro tempore. The gentlewoman from California is
recognized.
Mr. LEWIS of California. Madam Speaker, I certainly would not object,
but I had asked the chairman about additional speakers, and clearly I
would never, ever detract from our Speaker, but in the meantime, a
little straightforward discussion would be helpful.
Mr. OBEY. If the gentleman would yield. Well, he doesn't have the
time. I will simply take the time to say that if I had known that the
Speaker had been able to come to the floor, I certainly would have told
the gentleman. I simply didn't know, and I trust that he believes me.
Mr. LEWIS of California. I certainly do.
Mr. OBEY. I thank the gentleman for that clarification.
Ms. PELOSI. Madam Speaker, I thank the distinguished chairman for
yielding, for his unyielding work on behalf of America's working
families, and in this case today for the creation of jobs, to grow our
economy and to help those who have lost their jobs through no fault of
their own.
I am grateful to the distinguished ranking member, Mr. Lewis, for his
courtesy. Yes, my apology. I didn't realize the debate would go to this
point. But I did want to take the opportunity to talk about jobs to our
colleagues and to this Congress in general.
Just to put it in perspective, 1 year ago, in January, the job loss
was 740,000 jobs for that 1 month alone. Fast forward to now, and the
job loss for November is 11,000 jobs. Seven hundred forty thousand 10
months ago; 11,000 jobs this month. We don't want to lose any jobs. But
we are on the road to recovery, and we are there because this Congress
made some very important and difficult decisions to take us there. We
are on the road to recovery because of the leadership of President
Barack Obama, who stood on the steps of the Capitol on his inauguration
and asked for swift, bold action now so that we could take the country
in a new direction and create jobs and grow our economy.
{time} 1745
One week and 1 day from the President's inaugural address, this House
of Representatives passed the Recovery Act. We were able to do so
because we were ready. We had been ready with job creation packages,
but we could not get the resources until we had a new President to make
the investments, which took us from 740,000 jobs lost in January, in
the first month of this year--the President, I am reminded, was
inaugurated on January 20, toward the end of that month--and then
11,000 jobs.
I also want to call to our colleagues' attention back to the first
quarter of 2009, and the GDP rate of growth was a negative. It was a
minus 6.4 percent, a result of the failed economic policies of the
previous administration. As of November 24, 2009, the GDP has a
positive 2.8 and is growing; a swing of 9.2 percent in the GDP from
negative, minus 6.4 to positive 2.8.
At the same time, I call to the attention of my colleagues that
because of this new direction to grow our economy, the stock market was
at a nadir. The first of 2009, we're at 7,000. We are now over 10,000,
an increase of over 3,000 points in the stock market. Economists tell
us that some of this change is directly related to the recovery package
that we passed in January, the fiscally sound budget that we passed 100
days after the President's inauguration, which was a blueprint for the
future, a statement of our national values that talked about how we
could create jobs, lower taxes for the middle class--over 95 percent of
the American people got a tax cut--and how we could reduce the deficit.
It's all about job creation and reducing the deficit.
Three pillars of changing the economy in that budget were investments
in health care, in education, and in energy to prevent climate change,
to create new green jobs for the future, and to do so through science
and innovation. Innovation begins in the classroom and is central to
our competitiveness--innovation to reduce the cost of health care to
families, to businesses, to our budget, and to our economy to make us
competitive and keep us number one in the world's economy. All of this
was passed by the House of Representatives: energy, climate change,
education, and health care.
Then finally, this past week, we passed the regulatory reform
legislation. Mr. Frank is here, our chairman. It is the work of many
people in this Congress. We passed regulatory reform to hold Wall
Street accountable, to say
[[Page 32518]]
that the party is over, to say that we are creating jobs for Main
Street, not just wealth for Wall Street. We respect the creation of
wealth and what it means to an economy and how it relates to the
creation of jobs, but we cannot have a creation of wealth at the
exploitation of the American worker. We did pass this regulatory reform
without one Republican vote to hold Wall Street accountable, without
one Republican vote.
So here we are today, after this plan that started on the steps of
the Capitol--the inauguration of our new President--that had deep seeds
in what we had tried to do before we had a Democratic administration
but what we had been working for, so we were ready. And now today we
want to pass this legislation which does two things: It creates jobs
and saves jobs by investments in building the infrastructure of
America. It doesn't do everything we would want, but what we do in
there is paid for, building the infrastructure of America.
What it also invests in is to help States, cities, and localities
keep their fiscal soundness so that they don't have to lay off
teachers, firefighters, police officers, and people who work to meet
the health needs of people in our community. This is important not only
for public safety. That is self-evident. It is not only important
because we don't want to lose our teachers. It is about the education
of our children and how seriously that can be undermined with the
layoffs and the uncertainty in the local and State budgets.
But on top of all of that, while we're concerned about what this does
to working families and how important it is for people to have their
jobs--they are also consumers--to the extent that they lose their jobs,
our economy loses consumers. And when our economy loses consumers,
we're in big trouble, economic trouble. We cannot let that happen.
So today, we have before us that package for job creation and job
retention which is fiscally sound and which is paid for by using TARP
funds, the unused TARP funds which were the subject of great debate but
which, I do believe, saved us, pulled us from the brink of the
financial crisis we were in as our recovery package later pulled us
from the brink of economic disaster.
In addition to that, we have some safety net provisions about the
extension of unemployment insurance, of COBRA to meet the health needs
of those who are unemployed, which all expire the end of December, and
other issues that relate to the well-being of America's working
families, to address the concerns of the unemployed but, in addition to
that, to create jobs in a fiscally sound way.
Fiscal responsibility is very important to us. It is our
responsibility to our children not to increase the deficit, and that is
why our health bill does not add one dime to the deficit; in fact, it
decreases the deficit. I see Chairman Rangel shaking his head. It is an
important part of paying for that legislation. And Mr. Miller and Mr.
Waxman were so much an important part of that health care bill.
So here we are today with an opportunity to modestly and in a paid-
for way address the issue of jobs. It's a four-letter word. Let's use
that four-letter word everyplace we go--jobs, jobs, jobs, jobs.
I urge my colleagues, while some of your districts and some of your
States may be doing better than other parts of the country, this is the
time for us to recognize that we are a national economy and that what
happens in one State has an impact on our national recovery.
I thank Chairman Obey for his great leadership in putting this
package together. I urge our colleagues to act on behalf of America's
working families through the creation of jobs in a fiscally sound way,
to honor our responsibility of public safety by protecting our first
responders and our responsibility to our children to make sure that
their education does not have a gap, because we have a budgetary gap,
and understanding the role that consumers play in our economy. I hope
that we will have a strong ``yes'' vote on this legislation.
With that, Mr. Chairman, I commend you again.
Mr. LANGEVIN. Madam Speaker, I rise in strong support of H.R. 2847,
the Jobs for Main Street Act, which redirects Trouble Asset Relief
Program (TARP) funds from Wall Street to Main Street, where our towns,
small businesses and families need it most.
While we have seen some significant improvements since this time last
year, we are still feeling the repercussions of the worst economic
downturn since the Great Depression. Many older Americans are entering
retirement with deflated savings, forced to dramatically adjust plans
and expectations for their golden years. Millions of our constituents
remain unemployed, desperately searching for jobs that simply aren't
there. Rhode Island families are struggling to pay bills and mortgage
payments, and in too many cases, those who used to have two salaries to
rely on must now make do with only one. While we have brought the
economy back from the brink, we must do more to limit job loss and
create new employment opportunities.
H.R. 2847 addresses these issues by redirecting $48 billion in unused
TARP funds to highway infrastructure, school renovation grants, public
transportation investments and airport improvement grants. To address
our housing needs, this measure contains $1 billion for the National
Housing Trust Fund that provides communities with funds to build,
preserve and rehabilitate affordable rental homes and $1 billion for
the Public Housing Capital Fund for repairs and rehabilitation of
public housing.
The Jobs for Main Street Act also uses $27 billion in TARP funds to
stabilize public service jobs, including teachers, firefighters and
police officers. It funds an Education Jobs Fund to help states retain
or create jobs in school districts and public higher education
institutions. And it includes funding for AmeriCorps, the College Work
Study program, and job training for high growth and emerging industry
sectors, including those in health care and green industries.
Small businesses have borne the brunt of this economic crisis, and
their inability to access credit to keep their businesses operating has
clearly added to the high unemployment rate across the nation, and
especially in Rhode Island. It is imperative that our small businesses
have access to the tools they need to weather this economic downturn,
as well as to keep and create jobs. H.R. 2847 will help by extending
Recovery Act provisions that eliminated fees on SBA loans and
guaranteeing these loans at 90 percent. This gives local banks and
credit unions the confidence to lend to small businesses.
This measure also extends crucial American Recovery and Reinvestment
Act safety net programs that provide invaluable health and social
services to our nation's low-income and disabled citizens with the
inclusion of $23.5 billion in enhanced funding for state Medicaid
programs. It further extends a provision to assist recently unemployed
individuals and their families by helping them maintain their health
coverage through a 65 percent subsidy for health insurance premiums
under COBRA from nine months to 15 months and also extends unemployment
benefits by six months.
This job creation package will help move our country further down the
road to recovery and help our families in need during this holiday
season. I urge my colleagues to support this bill.
Mr. DINGELL. Madam Speaker, I rise today to offer my unequivocal
support for H.R. 2847, the Jobs for Main Street Act. As a federal
representative from the state of Michigan, I can attest to the hardship
facing my constituents, and others across the state, as a direct result
of unemployment. This legislation will build off the progress made by
the American Recovery and Reinvestment Act and create jobs quickly
through projects needed by the community such as new roads, water
facilities, and by protecting the jobs we have in the fields of
education and law enforcement.
H.R. 2847 is legislation that will greatly help the 15th District in
Michigan. There is no question that Michigan has been hit the hardest
and the earliest by this economic recession, leading unemployment
across the country for months, which is now almost 15 percent. Yet this
does not tell the full story. Since 2000, Michigan has lost over
800,000 jobs, roughly one in every six, and in Detroit alone 45 percent
of working-age adults are unemployed. Combine this with the fact that
for every job opening about six people are applying, and you can see
why the workers in Michigan are facing a perfect storm.
This legislation will help to calm this storm by investing in public
works projects that will create new jobs, setting aside $48 billion for
rebuilding our roads and bridges, modernizing public buildings,
constructing new water facilities, and building and preserving
affordable rental houses. We will also help to save or
[[Page 32519]]
create jobs in our public schools, our police and fire departments,
while training workers in growing fields such as health care and
alternative energy or ``green'' fields.
Further, this legislation will extend emergency unemployment benefits
through June 2010, and extend and expand the COBRA subsidy through June
and expand the months of help from 9 months to 15 months. These changes
will help the nearly one million workers exhausting their unemployment
benefits by January and the hundreds of thousands of workers who have
already begun rolling off the COBRA subsidy program.
It is imperative that both the House and the Senate pass H.R. 2847
quickly. This legislation is not a hand-out; rather it is an immediate
injection into local economies across the country. It is funding
America families will use to keep their heat on this Christmas, to pay
their mortgage for the next few months, and keep their health insurance
through the summer. Quite frankly this funding is a crutch until these
workers can find their next job, or complete the training they need for
a second career.
Madam Speaker, after spending this summer bailing out Wall Street, it
is time that we help Main Street. I urge my colleagues to reiterate
their support to the American families in need and vote in favor of
H.R. 2847.
Mr. LINDER. Madam Speaker, I rise in opposition to this legislation,
and in particular the provisions adding $40 billion to the deficit,
leading to even more tax hikes on jobs, and ultimately increasing
unemployment across the Nation. Those provisions are just the latest in
a series of massive expansions of Federal unemployment benefits dating
back to 2008. And here we are again with yet another extension of
Federal unemployment benefits, at enormous expense to taxpayers. But no
matter how much Congress spends and no matter how many benefit
extensions this body passes, my colleagues on the other side of the
aisle can't seem to understand that Americans want paychecks, not
unemployment checks. Until they drop their job-killing government
health care takeover and energy and other massive tax hikes, jobs and
paychecks will continue to be in far too short supply.
Promising Millions of New Jobs, Delivering Millions More Unemployed
Jobs and paychecks are definitely not what Democrats have delivered
to date. They insisted their so-called 2009 stimulus bill would create
3.5 million jobs and keep unemployment from rising above 8 percent.
Instead we have lost almost 3 million jobs since then as unemployment
rose to 10 percent:
Graphic Removed
These rates are more than just abstract numbers. They represent real
Americans who are no longer receiving a paycheck to provide for
themselves and their families--a total of 3.7 million more unemployed
than the President promised if his stimulus bill became law. Those 3.7
million people could form an unemployment line stretching literally
from Washington, D.C. to Chicago, Illinois. No amount of Federal
spending, no White House jobs summit, and not even millions of
unemployment checks can distract from that sorry record of job
destruction.
The American people are not fooled, either. A current CBS/New York
Times poll finds that 61 percent think the $1 trillion 2009 stimulus
bill has either had no effect or made the economy worse. Half as many,
only 32 percent, think the stimulus bill has made things better.
Worst ``Jobs Speaker'' Ever
In an attempt to distract from this grim record, Democrats have taken
to blaming the last President for the failure of their own stimulus
plan to create jobs. On December 4, 2009, 35 months after she became
Speaker and 11 months after Barack Obama became President, House
Speaker Nancy Pelosi said ``Bush Administration policies created a huge
jobs deficit.'' Yet every one of the ``Bush Administration'' job losses
she decried happened on her watch as Speaker. The facts show Nancy
Pelosi is the worst Speaker in terms of job creation since official
data began in 1939. More than 6 million jobs--4.5 percent of all jobs
in the U.S. economy--have been destroyed since she became Speaker in
2007:
Graphic Removed
Worst ``Jobs President'' since Herbert Hoover
Further, and despite repeated claims from the President and various
Administration officials that stimulus ``is working,'' Barack Obama has
compiled the worst jobs record since Herbert Hoover:
Graphic Removed
Providing Record Amounts of Unemployment Benefits
In response to this horrific record of rising unemployment and job
destruction, the Democrat leadership has only one ``solution''--paying
even more unemployment benefits. This latest extension comes just one
month after the House considered the last expansion of unemployment
benefits, which added 20 more weeks of Federal unemployment benefits,
increasing total benefits to an unprecedented 99 weeks in most of the
U.S.:
Graphic Removed
The USA Today last week called this payment of 99 weeks of
unemployment benefits ``excessive'' and ``a disincentive to find
work.'' They're right. Everyone from Presidential advisor Larry Summers
to the New York Times, Washington Post, and Congressional Budget Office
agree that's a concern, especially as the job market starts to recover.
And we all hope it will start to recover in the coming months.
Creating Record Unemployment Benefit Receipt
But regardless of Democrats' current ``jobs'' rhetoric, there is no
evidence this bill will deliver jobs and paychecks--just millions more
unemployment checks. Those checks will be in addition to the all-time
record number of unemployment benefits currently being paid to 9.5
million Americans per week last month. The Federal extended benefits
programs are now so enormous--and the 2009 stimulus law was such an
utter failure at stemming the tide of job loss and long-term
unemployment--that soon more Americans will collect Federal extended
benefits than regular State unemployment checks for the first time
ever:
Graphic Removed
Adding Massively to Deficits and Debt
These unemployment checks cost a tremendous amount of money. Since
``emergency'' Federal unemployment benefits began in mid-2008, the
Federal government has spent an astonishing $100 billion on these
programs. That is 4 times what the Federal government spent on
emergency unemployment benefits in the wake of the 2001 recession and
terrorist attacks. The tidal wave of recent spending has bankrupted the
Federal unemployment accounts and forced Democrats to engage in a
massive and growing bailout with general revenues. The legislation
before us adds to those massive totals, increasing Federal spending by
$7 billion per month, or a total of over $40 billion more during just
the next six months. All of which will add to our record deficits and
debt.
Tellingly, none of these additional unemployment benefits will be
paid for, despite Democrats' recent claims of fiscal responsibility.
For example, last week on the House floor, senior Ways and Means Member
Sander Levin of Michigan said of a bill that permanently raised taxes
to pay for temporary tax relief ``What we are suggesting here is fiscal
responsibility. Don't dig the hole deeper and deeper. Step up and pay
for it.'' The next day, Speaker Pelosi held a news conference at which
she said: ``On jobs, we hope next week that in our final appropriations
bill we will be able to have a jobs piece that will create jobs in the
near term to address the needs of those who are unemployed and do so in
a fiscally sound way.''
Yet here we are again digging that hole deeper, and doing nothing
``in a fiscally sound way.'' None of our Democrat colleagues suggest we
``step up and pay for'' this new spending either. This despite the fact
that, even before this measure passes, debt and unemployment have
increased by a staggering 55 percent since President Obama took office
just 11 months ago:
Graphic Removed
More Unemployment and Benefit Spending to Come
No one seriously thinks all this spending--or the job losses--will
end with this extension, either. That means at least some of the
``emergency'' spending in today's bill is likely to continue for years
ahead. The President's economist, Dr. Christina Romer, anticipated as
much this past weekend when she said ``I'm not going to say the
recession is over until the unemployment rate is down to normal
levels.'' She went on to define ``normal'' as ``where we were before
the recession.'' How long might that take? According to a recent study
by economists at Rutgers, the U.S. won't return to pre-recession
employment levels until 2017. That would mean the current recession, in
Dr. Romer's view, would last a decade, or as long as the Depression of
the 1930s.
The Coming Wave of Job-Killing Tax Hikes
The Federal unemployment accounts are exhausted and most Federal
benefits are currently supported by general revenues--the same source
of funding for welfare benefits. State unemployment benefits, in
contrast, remain supported either by State payroll taxes, or Federal
loans--also supported by Federal general revenues and which will also
have to be repaid with future State tax hikes.
Those State tax hikes are already under way. On December 8, 2009, the
bipartisan National Association of State Workforce Administrators
issued a report that 35 States will increase State unemployment payroll
taxes in 2010. These are direct taxes on jobs, made worse by the
failure of the 2009 stimulus law
[[Page 32520]]
to create jobs and stem unemployment. The NASWA report notes the 2010
tax hikes range up to a stunning 600 percent. As one small businessman
said simply, ``This is a job killer.'' (A list of other recent quotes
about how these tax hikes will destroy jobs is included below.)
As the above data shows, Democrat stimulus legislation has succeeded
in increasing unemployment, not reducing it. Instead of creating 3.5
million new jobs, the 2009 stimulus bill has been followed by almost 3
million job losses. And now record unemployment benefit payments that
followed have become their own engine of job destruction, contributing
to an enormous wave of Federal borrowing and State tax hikes that will
stifle job growth for years to come.
Adding to the pain, Democrat energy policies would increase the price
of energy and kill millions of jobs. Democrat health policies would
make health care and health insurance more expensive and kill millions
more jobs. And other Democrat spending proposals in this second (or
really third or fourth, depending on how one counts) stimulus bill will
further drive up the debt and kill even more jobs.
We can and must do better. It's well past time for us to shelve
Democrats' job-killing energy, health care, and tax hike agendas. We
will then unleash America's job creation engine so laid off workers can
finally get back to work. That effort should start with a vote against
this legislation, and a renewed commitment to offer unemployed workers
real help in finding new work, instead of just more benefit checks.
Appendix: Recent Quotes about How State Unemployment Tax Hikes Will
Kill Jobs From Sea to Shining Sea
California: ``Tax may feed unemployment: business owners fear
insurance spike,'' March 30, 2009:
``Thanks to the tanking economy and past benefit hikes, the state's
system for providing unemployment benefits is insolvent. And the fix
that state lawmakers are considering is to dramatically raise the taxes
employers pay into the system. The irony: That could force companies to
lay off employees. Take, for example, Steve Diels, who owns a Redondo
Beach call center. Any tax increase could force him to fill out some
pink slips. `Right now, my profit margin has slipped and I'm doing
everything I can to avoid laying anyone off,' said Diels, a Redondo
Beach city councilman who employs 38 people at Aamcom Inc. `But if they
increase the unemployment tax, employers like me will have to lay
people off and that will only make things worse with the unemployment
fund.'''
Connecticut: ``State may tax business to bail out broke jobless
fund,'' December 5, 2009:
``Tony Sheridan, president of the Chamber of Commerce of Eastern
Connecticut, said . . . `It's a tough situation and there's not one
single business that can stand a tax increase'.''
Florida: ``Creating more jobs is `Job No. 1','' December 10, 2009
``A good example of policy that discourages hiring is the impending
radical increase in the unemployment tax in Florida, triggered by the
depletion of the unemployment trust fund by record jobless claims. That
increase is so steep--from $8.40 per employee to $100 for the minimum
tax; from $378 to $459 for the maximum--that it could not only
discourage hiring, it could put some businesses under.''
Hawaii: ``Big payroll tax reset weighs on Hawaii business,'' December
4, 2009:
``Big Island contractor Hinchcliff Drywall Construction will see a
more than six-fold increase in its payroll taxes next year, which will
soar from the current $18,500 annually to $116,350. . . . `I don't
understand why the rates were not raised gradually over the period of
two or three years--it almost seems a bit backwards,' said Michelle
Danihel-Kreusling, controller of Hinchcliff Drywall, which employs 80
people. `Practically cutting off your nose to spite your face,' she
said. `This rate hike will either require many businesses to either
drastically reduce their labor force or close shop completely, both of
which would increase the unemployment rate.'''
Maine: ``Maine raises unemployment tax by $54 million,'' December 1,
2009:
``David Clough, Maine director of the National Federation of
Independent Businesses, said his members will be hit hard by the tax
hike. He said it will cost jobs, either from layoffs or positions that
go unfilled.''
Maryland: ``Rising unemployment taxes could hinder hiring,'' November
22, 2009:
``Employers already are squeezed by tight credit, rising health care
costs, wary consumers and a higher minimum wage. Now, the surging
jobless rate is imposing another cost. It's forcing higher state taxes
on companies to pay for unemployment insurance claims. Some employers
say the extra costs make them less likely to hire. . . . Chuck Ferrar,
who owns a liquor store in Annapolis, Md., expects to pay $9,000 in
unemployment taxes next year, up from $3,000 this year. Health care
costs for his employees will rise by $8,000, or 17.5 percent. `When you
start adding this up, it turns into real money,' he said. `If I lose an
employee through attrition, I will not replace him. You can't afford to
do it.''
Massachusetts: ``Unemployment at 33-year high; insurance fund running
dry,'' October 16, 2009:
```This is a breathtakingly bad picture,' said Michael Widmer,
president of the Massachusetts Taxpayers Foundation, a business-funded
public policy group, and also a member of the advisory council that
monitors the solvency of the two accounts that fund unemployment
benefits. `They're putting additional taxes on employers, and we are
seeing our jobs erode,' Widmer said in an interview. `It's devastating
in terms of the state's competitiveness.'''
Michigan: ``New unemployment-insurance taxes: $63 million in 2010,''
September 13, 2009:
``Frank Lope, an alliance board member and chairman of Romulus-based
Aztec Manufacturing Corp., said . . . `It's going to be another
impediment on businesses as they go to look at hiring people,' Lopez
said. `It's just another, so to speak, of the many nails in the coffin
for continued growth of businesses in the state of Michigan.'''
Nevada: ``Businesses May See Huge Tax Increase,'' September 23, 2009:
``Some financial experts are still concerned that a huge jump in the
unemployment benefit tax will force businesses to lay off employees to
pay for the increase.''
North Carolina: ``N.C. borrowing billions for jobless,'' December 1,
2009:
``Walden, the economist, said raising taxes would be a mistake as
long as the economy is hurting. `In essence, you can look at that as a
tax on new employees, and we don't want to do that,' he said. The deep
recession has made it impossible for North Carolina to forecast how
much unemployment tax funds the state will receive from employers next
year, Clegg said. `Not to be maudlin, but I don't know who will be
paying taxes in the first quarter of 2010 because I don't know what
businesses will survive,' he said.''
Rhode Island: ``R.I. businesses to pay higher jobless taxes,''
November 23, 2009:
``Mark Higgins, dean of the University of Rhode Island's College of
Business Administration, said the tax hike was inevitable . . .
Depending on the circumstances, the tax increase is one factor that
could discourage a business from hiring next year, Higgins said. Higher
unemployment tax `just increases the cost of hiring somebody,' he said.
`It increases the cost of payroll . . . [and] of keeping [an employee]
on the payroll,' he said.''
Mr. VAN HOLLEN. Madam Speaker, I rise in strong support of the Jobs
for Main Street Act. Now that recent initiatives aimed at stabilizing
our financial system and stimulating our economy are beginning to have
their intended effect, this targeted legislation is laser-focused on
job creation to ensure that all Americans will have an opportunity to
participate in our ongoing economic recovery.
Specifically, the Jobs for Main Street Act invests $48 billion in our
nation's highways, transit systems, school facilities, water
infrastructure and housing stock. In addition to putting hundreds of
thousands of Americans back to work, these funds will make needed
improvements and renovations to our nation's aging infrastructure. $27
billion is provided to hire, train and equip an estimated 820,000
teachers, police, firefighters and other public service personnel. Job-
generating small businesses will get greater access to Small Business
Administration (SBA) loans by eliminating fees and by providing higher
guarantees to the private banks that lend to them. These measures, in
addition to the small business Recovery Act initiatives that preceded
them, will help generate well over $9 billion in new small business
lending.
To help Americans who are out of work or have lost their employer-
provided health insurance, this legislation extends emergency
unemployment and COBRA benefits through June, 2010. States will receive
an extra six months of federal matching funds to help cover their
Medicaid costs through June, 2011, and the families of 16 million low-
income children will get a tax cut through greater access to the Child
Tax Credit.
Madam Speaker, this Congress on a bipartisan basis extended support
to Wall Street during a period of potentially catastrophic systemic
risk and extraordinary need. It is now high time we make an equally
extraordinary effort on behalf of creating jobs for Main Street so that
the prosperity we are creating is broadly shared by all.
Mr. BUYER. Madam Speaker, I rise in opposition to H.R. 2847 the,
``Jobs for Main Street Act of 2009.''
[[Page 32521]]
Madam Speaker, once again members are being asked to vote on a 100-
page bill, which was posted in the dead of night in the name of
creating jobs that unfortunately will probably never materialize. What
it will do is needlessly expand the size of the Federal Government.
Madam Speaker, this is not the type of open and transparent process
that the American people want or deserve.
I am especially concerned that this bill spends millions of taxpayer
dollars on innumerable pork barrel programs and pet projects, but it
does not spend a dime to help create jobs for veterans. Recent
unemployment numbers from the U.S. Bureau of Labor Statistics show that
in the month of November there were over one million unemployed
veterans, and that is unacceptable.
The unemployment rate among our newest veterans, ages 18-24, remains
extremely high at 20 percent. Equally disturbing is that 700,000 of the
one million unemployed veterans are between the ages of 35 and 64, the
years normally characterized by both highest earning power and highest
financial need for important items such as paying mortgages and
tuitions.
Madam Speaker, it is because of these alarming statistics that
earlier this month I was joined by many members of the Committee on
Veterans' Affairs in introducing H.R. 4220 the Promoting Jobs for
Veterans Act of 2009. H.R. 4220 would help veterans find employment by
providing funding and incentives for them to pursue employment training
and education. The bill would also expand opportunities within the
Federal Government for veteran-owned and service disabled veteran-owned
small businesses.
It was my hope that any ``jobs package'' would have included
provisions such as those from H.R. 4220 to help those who have defended
freedom, and it is unfortunate that the heavy handed tactics being used
today have effectively prevented anyone from offering an amendment to
include these provisions.
Madam Speaker, I believe that veterans could serve as an important
catalyst to economic recovery. Veterans are dedicated employees and
engaged entrepreneurs, and this would expand job and entrepreneurial
opportunities for these selfless individuals. It is my hope that early
in the next session we can consider H.R. 4220 and examine other ways to
improve employment opportunities for our veterans.
Mr. DeFAZIO. Madam Speaker, the U.S economy continues to limp along
mired in a jobless recovery. Wall Street banks have begun to recover
thanks to a $700 billion bailout paid for by taxpayers. Unfortunately,
everyone else continues to suffer the effects of the economic collapse.
Oregon's unemployment rate exceeds 11 percent and small businesses in
my district can't get banks to lend to them. I have long advocated for
a targeted jobs recovery program that focuses on substantial
investments in our Nation's infrastructure, which will create jobs
quickly and leave a long-term benefit for future generations.
I reluctantly voted for H.R. 2847, the Jobs for Main Street Act
because it begins to make these investments that are both desperately
needed and effective at creating jobs. There are nearly 10,000 of
ready-to-go infrastructure projects across the country that have been
postponed or delayed due to decades of underinvestment and
underfunding. There are 61,000 miles of the National Highway System in
poor or fair condition. 152,000 bridges are structurally deficient or
functionally obsolete. The Nation's largest transit agencies face a
combined $80 billion maintenance backlog to bring their rail systems to
a state of good repair.
The American Recovery and Reinvestment Act, ARRA, provided a mere $34
billion for highway and transit formula programs. Nearly 70 percent of
the funding has already been put out to bid on over 9,500
infrastructure projects. The 7,900 Recovery Act infrastructure projects
have created or sustained more than 210,000 direct jobs, as well as
630,000 indirect jobs in the past nine months.
As the ARRA Act infrastructure funding draws to a close, there are
still over 9,000 shovel ready infrastructure projects across the
country that could proceed within 120 days. The projects include 7,500
in ready-to-go highway and bridge projects; over 1,800 in ready-to-go
transit, rail, port, and aviation projects; and an estimated $21
billion worth of projects that transit agencies across the country
could undertake immediately. These projects will create not just public
sector construction jobs, but will procure American-made transit buses,
trains, electrical equipment, computer systems and software designed by
private sector, American engineers.
H.R. 2847 represents the bare minimum of what we need to do. Should
the Senate redirect this effort to tax cuts or other ineffective job
creation policies, I will have a very difficult time supporting a final
bill.
Mr. CONYERS. Madam Speaker, I rise in support of passage of the Jobs
for Main Street Act of 2010.
I believe this legislation is one of the most cost effective ways to
provide cities across this country with desperately needed federal
funding to help create and stabilize jobs, assist families who need
their unemployment benefits extended, and to ensure that they can keep
their health insurance.
Passage of the Jobs for Main Street Act of 2010 is critically
important for America's working families, and unemployed individuals,
given the current economic status of this country.
The Nation is experiencing extreme difficulties leading to high
unemployment rates, especially in my home State of Michigan. Passage of
this bill will provide real tangible relief for those who are depending
on the Federal Government to help them survive in a time of financial
crisis--not empty rhetoric and promises that help nobody.
The Jobs for Main Street Act of 2010 will help reduce these problems
by stabilizing and creating jobs through infrastructure investments, an
increase in public service jobs, and provide emergency relief for
families hurt by the economy.
The bill will provide billions of dollars to create or save jobs with
targeted investments for highways and transit, school renovation,
hiring teachers, police, and firefighters, small business, job training
and affordable housing which are essential elements in promoting
economic growth.
However, passage of the Jobs for Main Street Act of 2010 is just the
beginning of the process to put America back to work. We must act
quickly to establish a full-employment economy, where every American
who wants a job should be able to find one; and at a livable wage. This
can and must be done if America is ever going to become a truly
productive country.
During the depression, President Roosevelt put millions of Americans
to work by creating public service jobs such as building roads,
national parks, and rural electrification systems. We can do the same
by creating a 21st century public works jobs program for America that
can quickly employ the millions of citizens in this country who simply
cannot find employment in the private sector.
The passage of this legislation will help put our Nation on the road
to recovery. Therefore, I urge my colleagues to support this bill.
Mr. HOLT. Madam Speaker, I rise in support of H.R. 2847, the Jobs for
Main Street Act. This legislation would provide jobs for tens of
thousands of Americans, preserve thousands more jobs, and continue
essential benefits to aid the unemployed without increasing the
national debt.
We have taken important steps to bring our economy back from the
worst economic crisis in three-quarters of a century. We've made
important investments in our infrastructure, clean energy jobs, science
research, and the next generation of workers.
There are clear signs that the economy is improving. Instead of
shrinking by 6.4 percent a quarter, the economy has grown by 2.8
percent. Instead of losing 741,000 jobs a month, as the economy did a
year ago, last month the economy shed 11,000 jobs. These are
encouraging signs.
Yet, I'm not going to sit on my hands and wait for job creation.
Families in New Jersey, who have lost a job or had their hours or
paychecks cut, are still hurting. And we know employers have cut jobs
more sharply and are more hesitant to replace them than in previous
downturns.
The government can and should work together to increase employment
opportunities in the short-term, mid-term, and long-term. Economists,
business leaders, financial experts, among others, have argued that the
Federal Government, and only the Federal Government, can inject into
the economy a stimulus of sufficient size to make up for the frozen,
collapsing economy. The package we are considering today will build on
our previous investment, creating needed jobs and helping those who
continue to be unemployed.
The Jobs for Main Street Act would redirect $48.3 billion to put
Americans to work rebuilding our Nation's crumbling roads and bridges,
modernizing public buildings, and improving air and water quality.
Specifically it would invest $27.5 billion in highway infrastructure
improvements, $8.4 billion for transit improvements, and $800 million
to improve Amtrak. It is estimated that this investment will create
over 750,000 new jobs. Additionally, H.R. 2847 would invest $2.8
billion in clean water infrastructure, aquatic ecosystem restoration,
and flood mitigation; creating another 50,000 jobs. It also will put
contractors back to work by providing states with $4.1 billion for
school
[[Page 32522]]
construction, rehabilitation, and renovations. The $270 million that
this legislation would invest in improving and protecting Federal,
State, and local public lands would support approximately 14,000 short-
term jobs, improving service to visitors, reducing the large backlog in
facilities and habitat restoration needs, and reducing hazardous fuels
that lead to damaging and expensive wildfires. These investments will
do more than create jobs in the short term, they will provide long term
benefits to all Americans.
Over the past year, I have held a number of events focused on jobs.
Two months ago, I brought 50 central Jersey small business owners to
Washington to hear their concerns and help them access helpful
programs. Two weeks ago, I hosted a jobs forum in central New Jersey.
At both events, I heard from small business owners struggling to get
the credit and loans they need. The Jobs for Main Street Act would help
those small businesses by eliminating fees on Small Business
Administration loans and by providing a strong guarantee for Small
Business Administration loans to encourage more banks to lend to small
businesses. Small businesses are the engine that drives our economy,
and during rough economic times they are also the engine that drives
job creation. This is one step that Congress is taking to help our
small businesses, who generate jobs and develop the innovative products
of the future.
I especially am pleased this bill provides funding to ensure that
states can keep police officers, firefighters, teachers, and other
State and local employees on the job. Without this funding, States
would be forced to make the difficult decision between cutting jobs and
services or increasing taxes. That is a choice that no state should
have to make, especially in difficult economic times.
The Jobs for Main Street Act includes $1.18 billion to help put more
than 5,500 law enforcement officers on the beat throughout the United
States, and $500 million to retain, rehire, and hire firefighters
across the United States. According to the International Association of
Firefighters, nearly 6,000 firefighters have been laid off or are
subject to layoffs. An additional 6,000 positions have been lost
through attrition. The bill would provide $18.9 billion to school
districts and public institutions of higher education to retain or
create 250,000 teaching jobs.
The recession has hit those between the ages of 16 and 25
particularly hard, and the unemployment rate is especially high for
this group. The Jobs for Main Street Act would provide much needed job
training and temporary public service positions to get these
individuals back to work. The bill would provide $200 million to hire
an additional 25,000 AmeriCorps Members, this funding would enable
those individuals to serve their communities while earning an education
award to further their education or pay off student loans. With the
teenage unemployment rate at its highest rate in history, 27.8 percent,
this legislation would invest $500 million to create 250,000 summer
jobs for disadvantaged youth. H.R. 2847 would help up to 250,000
students stay in school by investing $300 million in the College Work
Study program, which supports low- and moderate-income undergraduate
and graduate students who work while attending college. Additionally,
this legislation would provide $750 million for competitive grants to
support job training for approximately 150,000 individuals in high
growth and emerging industry sectors, particularly in the health care
and green industries that are adding jobs despite difficult economic
conditions.
For those workers struggling to maintain their health insurance while
in between jobs, this bill would extend the COBRA subsidy established
in the Recovery Act, which has already benefited approximately 7
million Americans. This expanded COBRA subsidy would help workers for
15 months with their COBRA health insurance premiums and help more
Americans access this benefit. Job losses also have caused State
Medicaid rolls to swell. This bill temporarily would increase the
Federal Government's contribution to Medicaid to ensure States are able
to provide health coverage to these workers. This two-prong approach
will help ensure millions of unemployed workers are able to maintain
health coverage for their families.
When we talk about jobs, we are not just talking about the economy.
We are talking about the dignity that comes from holding a steady job
that supports your family. The Jobs for Main Street Act recognizes
this, and would help our families in real ways. I urge my colleagues to
support it.
Mr. ETHERIDGE. Madam Speaker, I rise in support of H.R. 2847, the
Jobs for Main Street Act. Over the last year, our economy has sustained
serious damage. Although recent signs are pointing to an upswing in the
overall economy, millions of Americans are jobless or have seen their
hours drastically cut. The national unemployment rate is 10 percent
while in my State of North Carolina the figure is 11 percent statewide,
and reaches as high as 13 percent in parts of my district. Action is
needed to help solve this crisis.
H.R. 2847 builds on earlier actions taken by Congress to create jobs
and get Americans back to work. This bill provides $48.3 billion for
highway construction, mass transit, and other infrastructure projects.
Our Nation's infrastructure is in need of a serious update, and
repairing our highways, renovating our schools, building new mass
transit, and improving our airports and water and sewer facilities
provides vitally needed jobs to Americans across the country. This bill
also extends authorization for highway, transit, and safety funding,
the Safe, Accountable, Flexible, Efficient Transportation Equity Act
(SAFETEA-LU) through September of 2010. H.R. 2847 is a timely bill and
gets funding in place for infrastructure projects that can start with
the spring construction season.
I would like to thank Chairman Rangel, and Speaker Pelosi, for their
work to make Qualified School Construction Bonds more effective in this
bill. I worked with Chairman Rangel to create these bonds to put the
Federal Government in partnership with local schools to meet their
needs and help create jobs. Where these bonds have been issued, they
are having a great impact on our economy and our communities. However,
contrary to the intentions of the bill, only 15 percent of the 2009
QSCB bond allocations have been used to date. This bill allows State or
local governments who issue QSCBs or Qualified Zone Academy Bonds to
choose a direct payment to cover the interest they would otherwise have
to fund themselves, at no additional cost to the Federal Government
since the payment is equal to the tax credit that would otherwise be
received by the investor. As I have mentioned before, investing in
school construction and modernization is one of the best ways to help
Main Street, create jobs, and address pressing national needs. I am
pleased that we were able to make this change in the bill to bring
funds quickly to our local schools and communities.
H.R. 2847 also provides $26.7 billion in aid for State and local
governments. These funds are used to retain police, firefighters,
teachers, and other workers who would otherwise lose their jobs due to
State and local revenue shortfalls. This bill also provides assistance
for those struggling the most in today's economy by extending the
emergency unemployment benefits initiative for six months and the COBRA
health insurance subsidy for an additional six months. H.R. 2847
includes $26.1 billion in tax credits for other assistance initiatives
like the Child Care Tax Credit and Social Security legal assistance.
Finally, H.R. 2847 targets small businesses, the economic engines that
create the majority of new jobs, by extending funds for the Small
Business Administration to continue affordable long-term loans for new
startups.
Not only does this bill create jobs and boost the economy, it does so
in a fiscally responsible manner. It includes the previously House-
passed PAYGO language and would be paid for in part by savings from the
Troubled Asset Relief Program, TARP. It's time for Wall Street to help
shoulder some of the burden on Main Street. I support strong job
creation measures and I support H.R. 2847. I urge my colleagues to join
me in voting for its passage.
Mr. CARSON of Indiana. Madam Speaker, as we consider this final
important jobs creating measure, I would like to draw attention to one
of the important pieces of the legislation: the extension of the
eligibility period for COBRA benefits. Unemployment numbers continue to
hover nationally at 10 percent; however, in many areas of the country
these numbers are far higher. With these high numbers comes a decline
in access to healthcare benefits and thus the need for this critical
provision.
Congress passed the landmark Consolidated Omnibus Budget
Reconciliation Act (COBRA) health benefit provisions in 1986, and it
has maintained a successful program by providing a continuation of
group health coverage for individuals and families that might otherwise
have been terminated. And, through the economic stimulus package passed
in February, a 65 percent subsidy was provided for COBRA benefits for
nine months and has been a welcome relief for thousands of unemployed
workers who otherwise would not have been able to afford the COBRA
premiums.
Many individuals and families have already exhausted their subsidy
and are trying to figure out how to maintain their health insurance
coverage. The problem is especially felt by older Americans who are
close to retirement age and not yet eligible for Medicare, as they
[[Page 32523]]
tend to use more health care services. Providing our constituents with
the ability to maintain health coverage when they become unemployed is
a key to ensuring these individuals do not fall through the cracks and
end up without the health insurance they need. I urge passage of this
important legislation.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R.
2487, the Jobs for Main Street Act. I salute my colleague Chairman Obey
for this bill that is the opening salvo in our effort to tackle one of
the most important issues of the day facing our nation.
The bill redirects $48.3 billion from Wall Street to help put people
to work rebuilding our crumbling roads and bridges, modernizing public
buildings, and cleaning our air and water. I'm happy that we gave the
American people a gift with $27.5 billion to make additional highway
infrastructure investments. These projects support jobs in the short
term while saving commuters time and money in the long term.
Another gift was made in the area of transit, with $8.4 billion for
public transportation investments including $6.15 billion for urban and
rural formula grants; $500 million for capital investment grants for
new or expanded fixed guide way projects; and $1.75 billion in formula
funds to address repair needs of existing subway, light rail and
commuter rail systems. Public transportation saves Americans time and
money, reducing carbon emissions by 37 million metric tons each year,
which is timely as the world's eyes are centered on the debates in
Copenhagen.
These gifts are news to the ears of my constituents. Let me share
with you that in my district, which covers parts of the nation's fourth
largest city, Houston, TX, our unemployment rate stands at nearly 9%.
While this rate is more than a full percentage point below the national
average, it should be noted that over 110,000 jobs were lost in the
first 10 months of this year. Regrettably, a disproportionate share of
those impacted by these job losses in my district have been African
Americans and Latinos.
Yet, this ``jobs disparity'' is not limited to Houston; data from the
Department of Labor indicates that African Americans throughout the
nation today, in the era of President Obama, are still the last hired
and the first fired. Specifically, the Bureau of Labor Statistics
reports that the unemployment rate for African American men (20 and
older) was 16.5 percent as of October of this year, and 12.4 percent
for African American women at the same age level.
Historically, experts have suggested that the antidote to
unemployment is education. However, Labor Department statistics appear
to indicate that education, alone, does not level the playing field. In
fact, higher education amongst African Americans may strangely enough
even make it more difficult to obtain a job. For the first 10 months of
this year, as the recession has dragged on, unemployment for least
educated workers was the same for African Americans and the general
population. However, in 2009, the unemployment rate for African
American college graduates 25 and older has been nearly twice that of
their Caucasian American male counterparts (8.4 percent compared with
4.4 percent). According to a New York Times article published on
December 1st, even African American college graduates with degrees from
Ivy League schools such as Yale, my alma mater, are finding themselves
in the ranks of the unemployed.
In addition to the racial dimension of this ``jobs disparity,'' the
recent economic downturn has focused a spotlight on a widening gap
between employment rates among men and women, particularly in the
African American community. It has been reported that since the
nation's slowdown has been most pronounced in the manual labor sectors,
men with the lowest levels of education have suffered the brunt of the
unemployment crisis. CNN commentators recently described our current
economic condition as a ``man-cession.''
According to a recent Bureau of Labor Statistics report, the
unemployment rate for African American men aged 20 and older was 4.1
percent higher than the unemployment rate for African American women of
the same age group, which was 12.4 percent. This gender unemployment
gap among African Americans mirrors a similar gap between Caucasian and
Latino Americans, thus demonstrating a nationwide trend.
Friends, we are in a battle for the hearts and souls of America,
literally and figuratively. To win this battle, we must take bold
action, like passing health care reform legislation in both chambers of
Congress. Madam Speaker, I concur with the assessment that the health
reform legislation voted out of this chamber last month in fact a
``jobs bill.''
As evidence of this, the Bureau of Labor Statistics reports that last
month's slight dip in the unemployment rate was caused by the fact that
for the third straight month, hospitals reported solid payroll
additions, with 6,800 new jobs created. In the first 11 months of this
year, the healthcare sector created 249,700 new jobs, an average of
22,700 new health care jobs each month, according to BLS' preliminary
data. Since the start of the recession in December 2007, overall 7.9
million people in America have lost their jobs, while the healthcare
sector has created 613,000 jobs.
In an article published in HealthLeaders Media, it was reported that
the healthcare sector--from hospitals, to physicians' offices, to
residential mental health homes, kidney dialysis centers, and blood and
organ banks--grew by 21,000 payroll additions in November and 613,000
payroll additions since the start of the recession in December 2007.
The home healthcare services sector reported 7,300 payroll additions in
November, BLS preliminary data show.
Recognizing this Madam Speaker, I am working with health care and
labor leaders to craft a jobs bill that create innovative new
retraining programs in partnership with our Historically Black Colleges
and Universities like Texas Southern University in my District or
Howard University, here in Washington, DC. These training programs
would focus on retooling workers for jobs in the growth sectors such as
health, biotech, and information technology. In addition to funding for
job training, I propose that we provide stipends to those who are
unemployed and who participate in training programs to assist them in
caring for their families. Along with this, my jobs bill would allow
unemployed workers participating in job retraining to continue
receiving unemployment benefits.
As a senior member of the Judiciary Committee, I am also working with
the DOJ to incorporate into my jobs legislation a measure that would
assist ex-offenders who are returning to the job market with strikes
against them. In addition to eliminating any barriers for ex-
offenders, I am also studying how we can encourage states to suspend
criminal prosecution of fathers and other parents who are delinquent in
child support so long as they are making good faith efforts to find
jobs in this difficult employment market.
Madam Speaker, I also propose that we task the Department of Labor to
expand its definition of the unemployed to cover not only those
currently receiving unemployment compensation, but also those who have
run out of unemployment insurance, known as the long term unemployed. I
suspect that if we had accurate data that captured the entire
unemployment picture, we would see jobless figures of upwards of 25-30
percent.
In addition, Madam Speaker, I also plan to propose we offer
assistance to the underemployed, including thousands of lawyers and
other professionals who work as part-timers or temp workers. Many of
these professionals split their time between working for others and
operating their own small firms. Furthermore, it has been noted that
while larger firms are enjoying the benefit of government funded
bailouts, our African American law firms, accounting firms, investment
banking firms and media outlets are being left out of the funds
directed at stimulating Wall Street. As Comcast and NBC Universal and
other firms seek government permission to merge, I intend to work with
these companies to ensure that our African American businesses are
included, not left out of the deal flow.
Another jobs initiative would focus on creating apprentice and
internship programs managed by cities and nonprofits like the Urban
League. This is a take off of a Department of Labor that was very
successful in the 1970s, which helped our nation rebound from its last
recession.
Madam Speaker, during the 1930s-40s, the FDR Administration developed
the Work Progress Administration (WPA). The WPA created thousands of
jobs and helped lift our nation from depression. I am drafting
legislation that would create a WPA for the 21st Century. This concept
involves providing stimulus dollars to several federal agencies such as
Interior, Transportation, and HHS to fund large scale projects.
Under my legislation, the new WPA would include modern day
infrastructure and other projects including making broadband wireless
Internet service available for all Americans, not just in wealthier
suburban and downtown districts. In addition, we should create high
speed rail and environmentally friendly highways and byways.
Finally, I plan that we work with HHS and the Energy Department to
build new Green Hospitals across the country. This project would ensure
that our nation's healthcare facilities are themselves healthy.
Madam Speaker, many of our unemployed constituents in Houston and
around the nation
[[Page 32524]]
are asking us a simple question: how long, how long before I can find a
job? I say to them, not long . . . help is on the way. With the
introduction and passage of jobs legislation offered by myself and the
rest of the Congressional Black Caucus, help for the unemployed and
underemployed, help for small businesses, is on the way.
I ask my colleagues to join me in supporting H.R. 2847, the Jobs for
Main Street Act.
The SPEAKER pro tempore. All time for debate has expired.
____________________
CALL OF THE HOUSE
Mr. OBEY. Madam Speaker, pursuant to clause 7 of rule XX, I move a
call of the House.
The SPEAKER pro tempore. The previous question being ordered, the
Chair notes the absence of a quorum in accord with clause 7(c) of rule
XX and chooses to entertain a motion for a call of the House pursuant
to clause 7(b) of rule XX.
A call of the House was ordered.
The call was taken by electronic device, and the following Members
responded to their names:
[Roll No. 990]
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Announcement By the Speaker Pro Tempore
The SPEAKER pro tempore (during the call). Although some of the amber
lights in the display over the south gallery are not operational, the
other system displays confirm that all of the Members listed in the
affected column have recorded their presence.
{time} 1845
The SPEAKER pro tempore. 429 Members have recorded their presence. A
quorum is present.
____________________
JOBS FOR MAIN STREET ACT, 2010
The SPEAKER pro tempore. Pursuant to House Resolution 976, the
previous question is ordered.
The question is on the motion offered by the gentleman from Wisconsin
(Mr. Obey).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. LEWIS of California. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote
on the motion to suspend the rules and pass H.R. 4194, if ordered.
The vote was taken by electronic device, and there were--ayes 217,
noes 212, not voting 6, as follows:
[Roll No. 991]
AYES--217
Abercrombie
Ackerman
Altmire
Andrews
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boswell
Boucher
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Ellison
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Higgins
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kissell
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (MA)
Marshall
Massa
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
[[Page 32525]]
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Perriello
Pingree (ME)
Polis (CO)
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Spratt
Stark
Stupak
Sutton
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--212
Aderholt
Adler (NJ)
Akin
Alexander
Arcuri
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boustany
Boyd
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Childers
Coble
Coffman (CO)
Cole
Conaway
Connolly (VA)
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly (IN)
Dreier
Driehaus
Duncan
Edwards (TX)
Ehlers
Ellsworth
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Himes
Hodes
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Markey (CO)
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy, Patrick
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paul
Paulsen
Pence
Peters
Peterson
Petri
Pitts
Platts
Poe (TX)
Pomeroy
Posey
Price (GA)
Putnam
Quigley
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Schrader
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Space
Stearns
Sullivan
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
NOT VOTING--6
Johnson, E. B.
Linder
Murtha
Radanovich
Speier
Young (FL)
{time} 1904
Mr. BAIRD changed his vote from ``no'' to ``aye.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. RADANOVICH. Madam Speaker, I was unable to make today's votes on
the House floor due to a family illness. Had I been present I would
have voted as follows:
``No'' on rollcall vote No. 991, on the motion to adopt H.R. 2847,
the Jobs for Main Street Act.
____________________
LAW STUDENT CLINIC PARTICIPATION ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 4194.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules
and pass the bill, H.R. 4194.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
LOCAL COMMUNITY RADIO ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 1147, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Boucher) that the House suspend the rules
and pass the bill, H.R. 1147, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
REAPPOINTMENT AS MEMBERS TO UNITED STATES-CHINA ECONOMIC AND SECURITY
REVIEW COMMISSION
The SPEAKER pro tempore. Pursuant to section 1238(b)(3) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), amended by division P of the Consolidated Appropriations
Resolution, 2003 (22 U.S.C. 6901), and the order of the House of
January 6, 2009, the Chair announces the Speaker's reappointment of the
following members on the part of the House to the United States-China
Economic and Security Review Commission, effective January 1, 2010:
Ms. Carolyn Bartholomew, Washington, D.C.
Mr. Jeffrey L. Fiedler, Great Falls, VA
____________________
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore laid before the House the following
resignation from the House of Representatives:
Congress of the United States,
December 16, 2009.
Hon. Nancy Pelosi,
Speaker of the House of Representatives, H-232, U.S. Capitol,
Washington, DC.
Dear Speaker Pelosi: This letter is to formally notify you
that on October 26, 2009 I sent a letter to Governor Charlie
Crist of Florida stating that I will be resigning as the
United States Representative from the 19th Congressional
District of Florida at the end of the day on January 3, 2010.
I have been honored to serve in the United States House of
Representatives for the past 13 years, and I will be
eternally grateful to the residents of Florida's 19th
Congressional District for giving me the opportunity to be
their representative in Washington. When I leave Congress
this January, I will serve as the president of the Center for
Middle East Peace and Economic Cooperation, where I will take
on the critical challenges facing the Middle East. In the
coming years, Israeli, Palestinian, and Arab leaders will be
faced with monumental decisions that will dramatically affect
the region and the entire world for decades. I am confident
that now is the best time for me to dedicate myself fully to
these significant issues.
While I am deeply saddened to leave this august body, I am
looking forward to continuing much of my work in Congress in
a different capacity in my new role with the Center for
Middle East Peace. I especially want to thank you personally,
Speaker Pelosi, for your extraordinary leadership during
these difficult times for our nation as well as the kindness
and courtesy you have always extended to me. I have
particularly admired the dignified manner and deep sense of
conviction that you display as Speaker of the House. The
opportunity to work with you and all our colleagues in the
House has been a great privilege indeed, and I hope to
continue these friendships for many years to come.
With warm regards,
Robert Wexler.
____________________
HONORING MS. PATRICIA FISHER
(Mr. MEEKS of New York asked and was given permission to address the
House for 1 minute.)
Mr. MEEKS of New York. Mr. Speaker, I rise today to honor a
remarkable woman. Ms. Pat Fisher, who is my office manager, who is
retiring next week after 33 years on the Hill.
[[Page 32526]]
She came into my office not too long ago and said, You know, I've
been thinking about it. I served 11 years with your predecessor, Floyd
Flake, and 11 years with his predecessor, Joe Addabbo, and now 11 years
with you, and it's time for me to go home to my family.
And she has done it with such grace and such style. She is indeed a
treasure and comes here with her father, who served in this House for
50 years. They love this place.
But let me tell you that Pat Fisher, she is a time-honored treasure
who will truly be missed. She has been the gatekeeper for the Sixth
Congressional District of New York for 33 years. And not only will
Washington and this House miss her, but the 640,000 people who comprise
the Sixth Congressional District of New York. We will miss her dearly.
We wish her well and much success. Our loss will be her husband, Joe's,
gain, and the rest of her family's: her daughter, her son, and her
grandchild.
We wish you all the luck in the world. Thank you for your service to
this great Nation and to the Sixth Congressional District.
____________________
TRIBUTE TO STAFF SERGEANT DENNIS J. HANSEN
(Mr. JORDAN of Ohio asked and was given permission to address the
House for 1 minute.)
Mr. JORDAN of Ohio. Mr. Speaker, I rise today to honor the life of
one of America's fallen heroes, Army Staff Sergeant Dennis J. Hansen of
Scottsville, New York, and formerly of Indian Lake, Ohio.
Born in Salt Lake City, Staff Sergeant Hansen was stationed at Fort
Drum, New York, and assigned to the 1st Battalion, 32nd Infantry
Regiment, 10th Mountain Division. He spent more than 8 years in the
Marine Corps before joining the Army.
During his military career, Dennis served deployments in Africa,
Kosovo, Japan, Panama, Cuba, Iraq, Afghanistan, and the Mediterranean.
He died on December 7, 2009, as a result of injuries sustained while
serving his country in Afghanistan in support of Operation Enduring
Freedom. Dennis, age 31, is survived by his loving family, including
his wife, Jennifer; their children; and his parents, Dwight and Bonnie.
In reading of Dennis's life and speaking with his family members, it
was clear he had a positive impact on the lives of everyone around him.
He was a leader, a family man, an accomplished wrestler in his youth,
and a champion in every sense of the word. He bravely stood up and
volunteered to serve. He gave his life in defense of his family, his
community, his State, and his Nation. For this we owe him and his
family a great debt of gratitude.
Dennis will be missed each and every day. But the strength of his
character and the courage he demonstrated through his service will live
on.
____________________
{time} 1915
TRIBUTE TO THE HONORABLE ROBERT WEXLER
(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Mr. Speaker, today ends the first year of the 111th
Congress, a Congress that's done much to try to preserve this country's
economic security, improve its place among the nations of the world,
worked against the global warming problems we have, and protect our
planet.
So much of what we've accomplished has been a group effort, and one
of the people that's been a part of that group is Congressman Robert
Wexler of Florida. I was privileged to sit next to Congressman Wexler
in the Judiciary Committee. Congressman Wexler served 13 years in this
House, and today he cast his last vote and walked off this floor.
I watched him as he walked off. I was sad to see him leave because he
was an outstanding Member of Congress like so many people are here who
are dedicated to making this country better, working hard, speaking his
opinion to try to make this country a better place. I'm proud to have
served in this Congress and to have served with Robert Wexler. I'm
proud to be a Member of this Congress, and I want to say to Robert
Wexler, you've been an outstanding Congressman, and this Congress will
miss you.
____________________
OUR UNCONSCIONABLE NATIONAL DEBT
(Mr. COFFMAN of Colorado asked and was given permission to address
the House for 1 minute.)
Mr. COFFMAN of Colorado. Mr. Speaker, the Democrat majority voted
today to raise our national debt limit by $290 billion. That vote we
took today to raise the debt limit, rollcall vote 988, served as a
terrible reminder of all of the votes we didn't take. The debt limit
increase vote is the direct opposite of the votes we should have cast
earlier this year--the votes to curb spending, the votes to cut pork,
the votes for real economic stimulus, the votes for meaningful fiscal
discipline.
Today our national debt is $12.13 trillion. More exactly, it is
$12,134,970,556,795.04. Since January 6, 2009, the start of this 111th
Congress, the national debt has increased by $1.4 trillion. I am sadly
familiar with these numbers because I began to place the amount of the
national debt in the Congressional Record on a daily basis since last
month as a reminder to all of us. We need to stop this borrowing and
spending. I urge all of my colleagues to embrace fiscal discipline.
____________________
JOBS ARE BEING CREATED IN OUR COMMUNITIES
(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to indicate that
jobs are being created in our communities. And if anyone thinks that
the loss of 109,000 jobs in my community in Harris County has not hurt
families during this season, then they need to be aware of the
necessity of the various people who need work.
I'm very proud that in the Defense bill that was passed, we have
created jobs. We have created a number of jobs, and those jobs have
been the kind of jobs that will serve the entire community: solar jobs,
$800,000; technology jobs, $1 million; Post-Traumatic Stress Disorder
Center for the Riverside General Hospital that will help our local
soldiers, that is $1 million.
All total, $4.8 million have been secured by the 18th Congressional
District to provide jobs in Houston to ensure minority research or
research on health issues, to ensure green technology jobs, to put
people to work.
Mr. Speaker, this is the beginning of a great day when we provide
jobs for the 18th Congressional District and all of America. Merry
Christmas to my constituents, as I've said, and Merry Christmas to our
first family and all that they have done for America.
____________________
WHO DAT!
(Mr. CAO asked and was given permission to address the House for 1
minute.)
Mr. CAO. Mr. Speaker, the New Orleans Saints are having an historic
season. Their success has provided our city so much hope that I wanted
to give constituents a chance to honor them.
Today's statement is from Michael DesJardins of New Orleans. Michael
writes:
``I believe! Finally. It's been 40 or so years of hope and
disappointment--much more disappointment. As I bask in the glow of
another victory by the Saints, I have finally let my heart believe that
this could be the year. They have the spirit, the talent and the
determination. They seem to like and support one another. Their success
is not a product of stardom but of common effort by the whole team.
They have transformed the Saints into a powerful organization that
lifts up the whole community. We can all learn from them.
``Long-suffering, leading to hope, only to be dashed by the
heartbreak of
[[Page 32527]]
defeat and disappointment. This story of the Saints' past could be the
story of our city government.
``Our Sainted team has been transformed into a constellation of
bright shining stars. Dare we believe that New Orleans can share in
that transformation?''
Thank you, and I yield back. Who Dat!
____________________
SPECIAL ORDERS
The SPEAKER pro tempore (Mr. Garamendi). Under the Speaker's
announced policy of January 6, 2009, and under a previous order of the
House, the following Members will be recognized for 5 minutes each.
____________________
CREDIT IS FROZEN IN THIS COUNTRY
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Mr. Speaker, the job market is bleak. A major reason is
that bank credit is frozen in this country still. Business can't get
loans to hire and function. The Federal Deposit Insurance Corporation
reports that lending has declined for the last five consecutive
quarters.
This chart amply demonstrates that. It was in the Washington Post
yesterday.
Credit in the real banking sector has dried up. I'm not talking about
the political TARP bailout fund banking sector being managed by
Treasury. I'm talking about the impact of that on the rest of the
banking system where credit is simply not being lent across this
country. Businesses are clamoring to get loans, only to be rejected
from coast to coast. The normal banking sector is not functioning. TARP
destroyed over $600 billion of real bank capital as the Treasury moved
itself into the driver's seat of picking winners and losers. Wall
Street banks literally, and the way they've been handled, have blunted
real economic recovery as businesses cannot get loans to conduct their
affairs, to hire new employees, to pay current employees or buy
equipment because they simply don't have access to credit.
Sadly, what's happened over this period of time is our local banks
and the non Big 5 banks in the country have tried to compete in this
economy. The Big 5--the ones that got the TARP funds from the
taxpayers--have gone from holding 30 percent of the deposits in this
country to 40 percent. They're getting bigger, which means it's even
harder for the other thousands of banks across this country to compete.
Our financial system started seizing up after TARP was passed when
normal banks refused to lend to each other in overnight transactions,
and this has just gotten worse ever since. They lost confidence in the
banking system itself.
So, where does small business go to get operating loans? The
Washington Post gave us a little insight on that yesterday, and I wish
to place that article in the Record. Some of what it says is:
``The administration's options continue to be constrained by the
belief of many officials that meddling in the details of banking is
counterproductive.''
Well, what do they think the TARP is? It's ultimate meddling. It's
total meddling. And, in fact, it prevents normal lending from being
restored as banks across this country see that some banks get a special
deal if they go to the Treasury and others get thrown aside or merged.
A lot of those big banks have used the money to buy other banks, making
our banking system much less competitive, much more concentrated.
While the White House has raised the temperature of its rhetoric in
recent weeks about what's going wrong, their policy measures simply
have not followed. Indeed, they extended the TARP for another year.
Now there are some activists across this country calling on the
President to do much more. One of them, Reverend Jesse Jackson, left a
meeting in Atlanta on Monday with ministers and others who are facing
foreclosure even on their churches and homes. The Reverend Jackson, as
the article reports, called on President Obama to use future Federal
fair lending laws to force the banks to help struggling communities. He
said, and I quote, ``Banks got Federal money at zero interest, but
homeowners and churches are paying pre-TARP prices for their losses.
The banking system must be made accountable. The Attorney General
should have been in that meeting as well.'' I agree with Reverend
Jackson.
``The banking industry,'' the article says, ``has reduced lending''--
as this chart demonstrates--``for five consecutive quarters, even as it
has regained profitability thanks to vast public aid from the people of
the United States. The amount of money on loan from banks fell by about
$600 billion, or 7.2 percent, from September 2008 to September 2009,
according to the Federal Deposit Insurance Corporation.''
{time} 1930
This is not a recipe for economic recovery, not in the real economy.
This is the second time the President has convened bank executives to
urge their increased lending. The first was in March. But you know what
the article says, it did little to slow the slide.
There are two actions that immediately could make a difference. One
deals with the President meeting with the Securities and Exchange
Commission and the Financial Accounting Standards Board and looking at
mark-to-market accounting, which has destroyed over $600 billion of
capital in our financial system. Credit is frozen. The very banks we
have bailed out have decreased their lending over these five quarters
that I've talked about, and Treasury, who is in charge of the TARP,
literally is picking winners and losers.
We need reform of mark-to-market accounting, and we need somebody in
the administration to look at the Making Home Affordable program to
make sure that we allow people to remain in their homes so we don't
have increasing foreclosures, particularly over these winter months.
The problem is that they can't see the forest because the big trees,
the big five, are blocking their view of what is happening across this
country.
[From the Washington Post, Dec. 15, 2009]
In White House Meeting, Obama Calls on Banks To Increase Lending
(By Binyamin Appelbaum and Michael A. Fletcher)
President Obama exhorted the nation's biggest banks on
Monday to make ``extraordinary'' efforts to increase lending,
even as some of those firms are racing to distance themselves
from government control.
The nation's most powerful bankers sat in the Roosevelt
Room at the White House and nodded as the president spoke,
but some executives and industry officials said afterward
that increasing lending is largely beyond their ability.
Meanwhile, Citigroup and Wells Fargo announced plans Monday
to spend billions of dollars--not on lending, but to repay
federal aid. Citigroup chief executive Vikram Pandit missed
the White House meeting to rally investor support.
Bank executives say they itch to make profitable loans, as
many as possible, but are struggling to find qualified
borrowers. They also say that the administration is asking
for increased lending even as it pursues financial reforms
that will limit the ability of banks to make loans.
Some note that a recession caused by an orgy of lending
must be solved in part through greater restraint.
Obama has come under increasing pressure to demonstrate his
concern for the plight of Americans caught in a rising tide
of joblessness, even as the larger economy appears headed to
recovery. The White House portrayed Monday's meeting as a
chance for the president to channel the anger of Americans
who think federal programs intended to revive the broader
economy have succeeded only in restoring Wall Street's
profitability.
``America's banks received extraordinary assistance from
American taxpayers to rebuild their industry,'' the president
said after the meeting. ``And now that they're back on their
feet, we expect an extraordinary commitment from them to help
rebuild our economy.''
Obama added that he expects not just effort but
``results.''
Some administration officials privately conceded that
borrowing always declines during recessions, and that they
are struggling to find effective ways of spurring new
lending. Furthermore, the administration's options continued
to be constrained by the belief of many officials that
meddling in the details of banking is counterproductive.
[[Page 32528]]
The administration also is surrendering a measure of
leverage over the industry as banks repay federal aid
provided under the Troubled Assets Relief Program--although
officials are eager to shed the political baggage of aiding
big Wall Street firms. With the announcements Monday by
Citigroup and Wells Fargo that they would repay federal aid,
all of the nine major banks that got money late last year
will be on track to pay it back.
As a result, while the White House has raised the
temperature of its rhetoric in recent weeks, policy measures
have not followed.
Some activists are calling on the president to do more.
Just after leaving an Atlanta meeting Monday with ministers
and others, some of whom are facing foreclosure on their
churches and homes, the Rev. Jesse Jackson called on Obama to
use federal fair-lending laws to force the banks to help
struggling communities.
``Banks got federal money at zero interest, but homeowners
and churches are paying pre-TARP prices for their loans,''
Jackson said. ``The banking system must be made accountable.
The attorney general should have been in that meeting.''
The Congressional Black Caucus and other Democrats, who are
concerned that administration efforts to slow foreclosures
have come nowhere near meeting their stated goals, have also
been pressing for additional steps to help distressed
homeowners.
The banking industry has reduced lending for five
consecutive quarters, even as it has regained profitability
thanks to vast public aid. The amount of money on loan from
banks fell by about $600 billion, or 7.2 percent, from
September 2008 to September 2009, according to the Federal
Deposit Insurance Corp.
The White House initially portrayed the meeting with
bankers as an opportunity to discuss strategies for
increasing lending. But the president set a sterner tone over
the weekend, telling the CBS show ``60 Minutes'': ``I did not
run for office to be helping out a bunch of fat-cat bankers
on Wall Street.''
One day later, the president was more temperate, saying
that he did not intend to ``vilify'' any company or industry
and that he appreciated existing efforts to increase lending,
such as reviewing rejected applications to see whether loans
can be approved. The president suggested Monday that banks
should review applications three and four times if necessary.
Bankers also emerged from the meeting in a conciliatory
mood, saying they share the administration's goals.
``Every bank in that room talked about adding many, many
small-business originators and setting very aggressive goals
for small-business lending next year,'' said Richard Davis,
chief executive of US Bancorp.
Bank of America plans to increase small-business lending by
$5 billion next year. J.P. Morgan Chase has committed to an
increase of $4 billion.
``This is simply what a bank should do,'' J.P. Morgan chief
executive Jamie Dimon said in a statement released before the
meeting.
This is the second time the president has convened bank
executives to urge increased lending. The first meeting, in
March, did little to slow the slide. The president said
Monday that he continues to get ``too many letters from small
businesses who explain that they are creditworthy and banks
that they've had a long-term relationship with are still
having problems giving them loans.'' But the White House on
Monday defended the value of the rhetoric.
``I think that the bully pulpit can be a powerful thing,''
said press secretary Robert Gibbs.
Obama said he also discussed the need for financial reform,
urging the bank executives not to lobby against proposals
such as the creation of an agency to protect borrowers from
lending abuses. And the president said he once again urged
moderation in executive compensation.
``I made it clear that it is both in the country's interest
and ultimately in the financial industry's interest to have
updated rules of the road to prevent abuse and excess,''
Obama said afterward. ``I have no intention of letting their
lobbyists thwart reforms.''
Bank executives, however, say that they strongly favor
reform--they just differ with the administration about some
of the particulars.
The guest list for the meeting included the top executives
of 12 of the nation's largest banks, but there were three
late scratches. Goldman Sachs's Lloyd C. Blankfein, John Mack
of Morgan Stanley and Citigroup's Richard Parsons
participated in the meeting by telephone because the flight
all three had planned to take from New York to Washington was
delayed by fog.
____________________
AMERICANS MAKE THIS COUNTRY GREAT
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
Ms. FOXX. Mr. Speaker, at the close of 2009, as we look to and
prepare for a new year, I'm prompted to call attention to the
remarkable American people who have, once again, weathered a difficult
year with dignity and toughness. Sometimes the Washington establishment
forgets that the solutions to America's problems lie outside this
capital city.
Yes, Americans from almost every walk of life are tightening their
belts and making do with less this year, but Americans continue to be
an extraordinarily resourceful people who inspire me in my work every
day.
As we prepare to celebrate Christmas, entering in a new year, I hope
we can all draw inspiration from the American people. We live in a
Nation of innovators and hardworking entrepreneurs. Their
resourcefulness is unlimited. The spirit of American opportunity lives
and thrives among them.
And let's not forget the North Carolinians who, with their
characteristic generosity and work ethic, illustrate the greatness at
work in America, even in seasons of considerable difficulty. I look to
them as a source of inspiration and hope. People like those who call
North Carolina home have always been the best hope for the preservation
of our tradition of individual liberty and government by and for the
people, whether in good times or bad.
Mr. Speaker, Washington would do well to stop and watch, listen, and
learn from everyday Americans as they go about their lives and do the
things that help make our Nation great.
May God continue to bless us all.
____________________
AMERICANS WANT THEIR COUNTRY BACK
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE of Texas. Mr. Speaker, as we end the month, the year, the
decade, this session of Congress, some observations:
Fifteen million Americans are unemployed. We have 10 percent
unemployment and higher throughout the United States.
Spending is totally out of control. The country is broke, so we
borrow money from China and Japan, and it seems they own our Nation.
And the taxacrats have not seen a tax bill they didn't believe in.
Domestic policy is simple: Spend money, spend money we don't have,
then borrow it, and then raise taxes on the American people.
The government's financial system is also simple: If it moves, tax
it; if it keeps moving, regulate it; and if it stops moving, then
subsidize it. Today we raised the debt ceiling so more money can be
spent as soon as we get back in January. Now we're over $12 trillion in
debt.
The House has turned our Nation's health care over to the government.
You know, the government who tried to run a health care vaccine program
that was a total failure, where school kids didn't get the vaccine
while Wall Street fat cats did. And yet the Federal Government wants to
now run America's health.
The House voted on a cap-and-trade tax bill that will add a tax on
energy consumption for all Americans and punish energy consumption and
encourage domestic oil producers to go somewhere else.
Congress has given more money away to foreign countries that hate us
while ignoring problems at home.
Many Members of Congress have already left on planes, headed to
Denmark to talk about how we must control the climate because man is
the evildoer and scourge of the Earth. Of course, the Al Gore warmers
have been caught this year hiding data that shows reasonable minds
disagree with their theory of global warming. Plus, the warmers want to
force Americans to spend millions of dollars to implement changes on
their yet unproven theories.
The government, in essence, has taken over Wall Street, the financial
industry, the automobile industry. You know, General Motors needs to
change its name to Government Motors. The Federal Government has taken
over the mortgage industry, the banks, and the salaries of some
executives.
[[Page 32529]]
More American freedom and liberty has been stolen from us, and more
assaults on the Constitution have occurred than at any time in our
history. And today, the radical open border crowd has announced new
legislation, arrogantly demanding amnesty for millions of illegals in
this country with, also, visa preferences for those nations with the
most foreigners in the United States. So much for border security.
We have a new military strategy that's implemented. It's called the
surge and retreat plan. That strategy is in Afghanistan where we're
going to surge and send a bunch of troops in, but yet in 18 months,
according to the administration, they're coming home. No strategy like
that has ever been used in military history before.
And of course Gitmo, down there in Cuba where we house terrorists,
it's getting a new ZIP Code. We're moving it to the United States and
putting it in Illinois. And of course the country has seen that we've
prosecuted our Navy SEALs and given rides to terrorists.
What an odd year it's been. It is the arrogance of power that says
government is the answer to everything. Our lives, our fortunes, and
our sacred honor have been turned over to government opportunists.
Reagan said that government is the problem, not the answer, and I agree
with him.
But, Mr. Speaker, not all is gloom, doom, and despair. There is great
hope. The American people are not fooled. People in our country now
fear the government, and people are mad, and people are involved. And
even though the D.C. crowd pays no attention to them, I've got news for
the elites: The people are not going away in the darkness of the night.
They will not give up without a fight, because the American cause is
righteous, and the people's actions are just.
Government should not underestimate the American soul and the
American spirit. They are a force to be reckoned with. Mr. Speaker, the
people want their country back, and they will get it back. After all,
the Constitution says, ``We the People,'' not, ``We, the subjects.''
And that's just the way it is.
____________________
HONORING SPECIALIST MICHAEL COTE
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Louisiana (Mr. Cassidy) is recognized for 5 minutes.
Mr. CASSIDY. Mr. Speaker, this may be the last address given on the
floor of the House of Representatives this year. It is fitting that it
is a tribute to Michael Cote, a specialist who gave his life while
fighting to defend us in Iraq.
Specialist Cote was from Denham Springs, Louisiana. After graduating
from Denham Springs High School, he met his wife, Ashlee, when the two
were in basic training. They passed notes back and forth during their
training and snuck off to church services to be together on weekends.
Just days after basic training ended, the two soldiers were married.
Michael was serving in Iraq when their daughter, Brooke, was born in
March, but he found a way to be on the phone with Ashlee during the
delivery. She delivered in Baton Rouge.
Ashlee tells me that Michael liked to fish and hunt. She says he was
an all-around country boy who liked to goof around but always knew when
it was time to be a soldier.
Michael was serving as a crew chief when his Black Hawk helicopter
went down in Balad, Iraq, in September.
On the day of his memorial service, the people of Denham Springs
lined the streets to wave American flags as the procession went by.
Families brought their children and grandchildren out to honor
Specialist Cote, a tribute to a man friends and family in Denham
Springs say they knew would grow up to be a soldier.
His mother, Carol Bass, tells me that she visits the grave daily.
Mr. Speaker, we mourn with Ashlee, Brooke, and Mrs. Bass the loss of
Specialist Cote, but let us celebrate his patriotism, his dedication to
country, his sacrifice on behalf of our security.
We are forever indebted to the men and women of our armed services,
soldiers like Michael Cote, who put themselves in harm's way so that we
may live freely and in peace.
____________________
REFLECTIONS FROM 2009
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
Ms. JACKSON-LEE of Texas. Mr. Speaker, in the rush of a debate in an
earlier 1-minute, I was not able to capture the somberness of the
moment. As our colleagues have finished their work and have, in fact,
recognized the need of this Nation, I think it is important to
summarize how important it is to keep our minds focused as we return
back in the new year.
We know that this country is a resilient country. People are tough,
and they've gotten tougher. We are blessed by the fact that we have a
country of laws. We're a democratic Nation. If there is oppression in
our Nation, we have a court system to seek to be redeemed. We have the
amenities of life, technology, transportation, clean water. But in
every country comes a time when things are not as good as they need to
be, and I think we should clarify what has been done over these last
couple of months.
I was here during the past two Presidential terms. When I say ``two
Presidential terms,'' the past and former Presidents. I voted for the
1997 Budget Reconciliation Act that generated an enormous surplus and
created an opportunity for millions of our children to be insured. That
was 1997. We had a surplus as that previous administration, the Clinton
administration, left office.
We had a tragedy on 9/11, and we had to respond to that enormous
tragedy, a terrorist act, and I joined with my colleagues to respond to
that by allowing our Nation to defend itself by going into Afghanistan.
I did not support the detour into Iraq. However, I support the men and
women, and I mourn for those families who have lost loved ones.
So what have we done over this year? We have fought for America, and
that is why there was the political sacrifice. Some people say that's
your job, to vote for the TARP--not willingly. We didn't want a fat-cat
bill. We didn't want a bill that paid people to stuff their pockets. We
wanted to ensure that businesses stayed open, that we had the
opportunity for small businesses, my friends and neighbors, my
constituents to get money to keep those jobs.
All right, it wasn't perfect, but the numbers don't fib. We did
create jobs. We kept businesses open. The President has gone to the mat
by saying to these fat cats, Look, we are in a capitalistic system. I
understand that. But he's gone to them and said, You have to lend to
small businesses.
{time} 1945
Mr. Speaker, we have done a lot. And in doing a lot, we have provided
the opportunity for the kinds of dollars coming to the districts.
So let me just say this: $48 billion in highways, transit and other
infrastructure. We are going to be able to stop the bleeding by keeping
our teachers, our police, our firefighters and job training. That's $27
billion. We are going to guarantee the loans, guarantee loans to ensure
that we will have the opportunity to loan money to our small
businesses. That's an important statement.
And I wanted to be sure by looking at what I have to let my
constituents know of the kind of projects that come out of the Defense
bill. Because someone would make the argument, why support a Defense
bill? Let me tell you. I've already spoken about the first post-
traumatic stress disorder center in an African American hospital for $1
million, $800,000 for the Center for Research on Minority Health-
Prostate Cancer research project, jobs; $800,000 for high-efficiency
solar energy generation and storage, jobs; $1.6 million for science,
technology, engineering and mathematics initiative, jobs. And then $1
million with a private collaborator that is independent of Federal
dollars that will give $1 million to one of the
[[Page 32530]]
poorest school districts in my community, public and private
partnership, Mr. Speaker.
Let us not leave this place in shame. We came from the deep darkness
of an economic recession. We have saved jobs. We are creating jobs. We
are moving forward. And I want to stop reading articles about mothers
who are on the front pages of our newspapers who cannot turn on the
lights and cannot feed their children.
Let me wish everyone, again, as I have done, a happy holiday and say
that this Congress deserves the recognition for those who have put
themselves on the line to be able to help the needy. I look forward to
us coming back, passing health care, and going on with the jobs effort.
____________________
REVISIONS TO THE ALLOCATIONS AND BUDGETARY AGGREGATES ESTABLISHED BY
THE CONCURRENT RESOLUTIONS ON THE BUDGET FOR FISCAL YEAR 2010 AND THE
PERIOD OF FISCAL YEAR 2010 THROUGH 2014
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from South Carolina (Mr. Spratt) is recognized for 5 minutes.
Mr. SPRATT. Madam Speaker, under sections 421(a)(4) and 423(a)(1) of
S. Con. Res. 13, the concurrent resolution on the budget for fiscal
year 2010, I hereby submit for printing in the Congressional Record a
revision to the budget aggregates and allocations for certain House
committees for fiscal year 2010 and the period of fiscal years 2010
through 2014. These adjustments respond to House consideration of the
House amendment to the Senate amendment to the bill H.R. 3326, Making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes. Section 1011 of the House
amendment includes funding for Medicare improvements. The House
amendment also designates certain funding for overseas deployments and
other activities pursuant to S. Con. Res. 13. Corresponding tables are
attached.
This revision represents an adjustment for the purposes of sections
302 and 311 of the Congressional Budget Act of 1974, as amended. For
the purposes of the Congressional Budget Act of 1974, as amended, this
revised allocation is to be considered as an allocation included in the
budget resolution, pursuant to section 427(b) of S. Con. Res. 13.
Any questions may be directed to Ellen Balis or Gail Millar at 226-
7200.
BUDGET AGGREGATES
[On-budget amounts, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal Year Fiscal Year Fiscal Years
2009 2010 2010-2014
----------------------------------------------------------------------------------------------------------------
Current Aggregates:\1\
Budget Authority............................................ 3,668,601 2,882,149 n.a.
Outlays..................................................... 3,357,164 3,002,606 n.a.
Revenues.................................................... 1,532,579 1,653,728 10,500,149
H.R. 3326 (Department of Defense Appropriations):
Budget Authority............................................ 0 0 n.a.
Outlays..................................................... 0 -1,579 n.a.
Revenues.................................................... 0 0 0
Revised Aggregates:
Budget Authority............................................ 3,668,601 2,882,149 n.a.
Outlays..................................................... 3,357,164 3,001,027 n.a.
Revenues.................................................... 1,532,579 1,653,728 10,500,149
----------------------------------------------------------------------------------------------------------------
n.a. = Not applicable because annual appropriations Acts for fiscal years 2011 through 2014 will not be
considered until future sessions of Congress.
\1\Current aggregates do not include the disaster allowance assumed in the budget resolution, which if needed
will be excluded from current level with an emergency designation (section 423(b)).
DISCRETIONARY APPROPRIATIONS--APPROPRIATIONS COMMITTEE 302(a) ALLOCATION
[In millions of dollars]
------------------------------------------------------------------------
BA OT
------------------------------------------------------------------------
Current allocation:
Fiscal Year 2009.................... 1,482,201 1,247,872
Fiscal Year 2010.................... 1,219,652 1,377,618
H.R. 3326 (Department of Defense
Appropriations):
Changes for overseas deployment and
other activities designations:
Fiscal Year 2009.................... 0 0
Fiscal Year 2010.................... 0 -1,579
Changes for Medicare improvements:
Fiscal Year 2009.................... 0 0
Fiscal Year 2010.................... 1,240 1,240
Revised allocation:
Fiscal Year 2009.................... 1,482,201 1,247,872
Fiscal Year 2010.................... 1,220,892 1,377,279
------------------------------------------------------------------------
DIRECT SPENDING LEGISLATION--AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES
[Fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
2009 2010 2010-2014 Total
House Committee ---------------------------------------------------------
BA Outlays BA Outlays BA Outlays
----------------------------------------------------------------------------------------------------------------
Current allocation:
Ways and Means.................................... 0 0 6,840 6,840 37,000 37,000
H.R. 3326 (Department of Defense Appropriations):
Ways and Means.................................... 0 0 -1,240 -1,240 -1,030 -1,030
Revised allocation:
Ways and Means.................................... 0 0 5,600 5,600 35,970 35,970
----------------------------------------------------------------------------------------------------------------
____________________
JOB CREATION THEORIES
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Missouri (Mr. Akin) is recognized
for 60 minutes as the designee of the minority leader.
Mr. AKIN. Mr. Speaker, it's a treat to be able to join you and my
colleagues and fellow Americans that might possibly be tuned in. This
is a bit like the last day of school. We think the voting is done for
this year, and yet the work is not done. In fact, America, among other
things, is suffering from a considerably high level of unemployment.
And that was going to be the topic for this evening.
I want to talk a little bit about employment, spending and the
different theories that people have as to how jobs are created. And
there are some theories out there that don't work very well, and there
are some that do work well. And history tells us the difference between
the two.
[[Page 32531]]
I thought what I might do this evening would be to start with
something which, in a way, may seem remedial. It should seem fairly
basic because most Americans have plenty of common sense. And I think
that it's important, though, to start at the basic level and start
defining your terms as we talk about the problem of unemployment.
Now, there are certain series of things, I have identified six--there
may be other ways economists might look at it differently--but there
are six things that are job killers. To start with, we need to
understand where jobs come from. Jobs come from businesses. What sort
of businesses? Well, if you take a look at businesses that have 500
employees or less, those businesses employ about 90 percent of the
Americans that have jobs in the private sector. Five hundred or less
employees, those, many people would say, are small businesses.
Well, what are the things that these small businesses need in order
to create these jobs, 90 percent of the jobs in America? Well, the
first thing is that there are certain things that are killers of jobs.
The first is economic uncertainty. Let's talk about that for just a
minute. Economic uncertainty. Put yourself in charge of a business. Say
you have 100 employees and you're manufacturing some product, and you
just really don't know what's going to happen with the economy. And so
there is a level of uncertainty. Maybe political things are going on
which increase your level of uncertainty. You don't know whether or not
perhaps we are going to go into some kind of economic slump.
And so what are you going to do if you are a president of a small
business? Well, what you're going to do is, in the State of Missouri,
they call it hunkering down. You say, I'm not going to take a lot of
risks; I'm going to prepare for some sort of an economic storm, or at
least be prepared that I'm not too extended. I don't want to take a lot
of risk when there is economic uncertainty.
And what sort of risks might those be? The risk might be to add a
wing on your building, to buy a new machine, to start a new process, to
patent a new invention and decide to try to produce it and sell it on a
market. All of those things create jobs. But you're not liable to take
a high-risk position if there's a high level of economic uncertainty.
So economic uncertainty is a job killer.
The next thing is consumption reduction. That's a fancy word for
saying you got a business slowdown. People aren't buying as much stuff.
Everybody is worried. People are having a hard time economically. They
are not spending as much money. People aren't making investments, and
so your business is going along with all the other businesses around
you, when you are in a time when there is a recession going on, it's an
economic uncertainty. It's a form of economic uncertainty, I suppose,
and that is you're thinking, hey, it used to be last year we had orders
for 100 widgets. But this year, it looks like we are only getting
orders for 50. So you're not going to be thinking about getting a
machine that will make widgets more efficiently. You're not going to be
thinking about making investments in adding to the building so you can
increase production because you're expecting that you're going to sell
less this year than you did because of the fact that there is a
slowdown in the economy. So a slowdown in the economy tends to affect
businesses and therefore affects jobs. Pretty much common sense, I
think.
And then excessive taxation. How does that hurt jobs? Well, here is
the deal. You're, again, the president of a business. Maybe you have
100 employees. And you find out, all of a sudden, that your taxes are
really going up. Now, if you have a lot of taxes, that means you don't
have very much choice, you're going to have to pay those taxes. What is
the tax going to be paid with? Well, it's going to be paid with the
money from your company, from the profits and the proceeds of the
company that you have.
And, hopefully, you have 100 employees, you're paying them, you're
selling product, and you're selling product for more than it costs you,
and so you're making some profits, and you're pocketing those profits.
But now you understand that there's going to be a whole lot of taxation
coming down the pike.
So one of the things that taxation is going to do is take money away
from the guy that owns the business. And when you do that, he doesn't
have the money to spend on adding additions to the building or perhaps
taking a risk on introducing new products or maybe even inventing some
different ways of doing things. And so the taxation takes the place of
investment that would normally be made in the company. When that
investment is made, that usually results in hiring more people. But the
hiring more people isn't going to happen if you have excessive
taxation.
In fact, we have found historically that if you drive the business
owners with enough taxation, you can not only stop job creation; you
can stop the whole business and bring it into bankruptcy and destroy
the engine that creates jobs. So excessive taxation is a big factor in
killing jobs.
Another thing is insufficient liquidity. Now, that sounds like a
fancy thing. There's nothing too fancy about it. The fact is that
businesses need money to run on, just like the engine in your car needs
oil. And what happens is the business, let's say it's a machine shop,
decides that they want to buy a new piece of equipment. That new piece
of equipment is going to cost them $5 million. Well, you have got your
machinists there in your company, but you don't have any $5 million to
buy this new piece of equipment; but you figured out that if you had
that piece of equipment that in a matter of 2\1/2\ or 3 years, you
could pay for the whole piece of equipment just by the kinds of
products that you could make on it so you can say, hey, this is a great
investment. I can pay this off relatively quickly, but I don't have
that million, couple million, dollars to buy this new piece of
equipment.
So what do you do? Well, you're going to have to go out and a get a
loan. And when you take a loan, you're going to pay interest on that
loan. But then you get that piece of equipment in, and it's running
just beautifully for you. You get all those orders, you make these
parts, and pretty soon you pay off the piece of equipment.
How did that happen? It happened because you were able to borrow
money, which people call liquidity, and you can borrow money and get
that tool or whatever it was. When you did it, you hired a few people
to run the new piece of equipment and, of course, you created jobs.
If you do not have that liquidity, if you can't borrow money that you
need, then what happens? Well, then you can't buy the new pieces of
equipment. And guess what? You're killing jobs or the potential for
creating jobs.
Another thing is excessive government spending. Oh, now wait a
minute. Now, how can the government spending affect jobs in America?
Well, it turns out that there is an effect indeed. And what it is is
when the government spends a lot of money, it has to get that money
from somewhere. Guess where the money comes from? The private sector.
Where does the money come from? From taxes. And so as the government
tries to collect more and more money to appease its appetite for
spending, what happens is that affects liquidity, and it plays out as
taxation. And so as the government does a whole lot of spending, you
find that it tends to kill jobs.
Now, it may not appear to kill jobs in the short term. If the
government does a whole lot of spending--let's just say the government
decides to spend $150 billion. We just decided to do that a few hours
ago here on the floor, $150 billion for ``son of stimulus.'' This is
stimulus Jr., mini-stimulus, $150 billion stimulus, still real money to
most people, and real money to the U.S. Government, although you
wouldn't know it by the way we spend it. Today, by the way, we did a
pretty good job of spending money. We spent about $1.1 trillion today,
but mini-stimulus was just $150 billion, still a lot of money.
And that government spending, let's say you go out and hire a whole
lot of
[[Page 32532]]
people. Well, wouldn't you create jobs, Congressman Akin? Well, you
would in a temporary sense. You could put some people on a government
payroll. But what economists have found is that when you temporarily
hire someone from the government, what you're doing is you're taking
money out of the economy through this government spending.
In fact, what happens is for every one job you create in government,
you're taking 2.2 jobs out of the private sector. So it's one of these
things where it may seem like you're doing well. It's a little bit like
drinking salt water. You're getting a drink, but the salt makes you
even more thirsty than you were before. So it's kind of very much a
losing proposition when you start to get into this excessive government
spending.
And then the other thing, of course, is excessive government mandates
and red tape. We have a picture here that my staffer found of some poor
CEO buried in red tape, all kinds of memos, pieces of paper, and all
kinds of regulations. I think that your common sense will show why this
is a problem, because let's say particularly you're a small business.
Well, you have a certain number of employees. Those employees, you have
them working right away, making product that you can sell because you
have a clean, lean and efficient process. And you don't have very many
people that are management people, just a few people to try to keep an
eye and organize things and get some orders in the door.
And all of a sudden, somebody from the government knocks on your
door, knock knock knock, and says, hey, you didn't fill out such and
such form. And somebody else knocks or calls and says, you didn't fill
out this form. You didn't fill out this form. Did you do this? Have you
applied for this? Did you get this? And pretty soon, you have all kinds
of employees. And what do they produce? They produce paperwork.
Paperwork for whom? For the government.
And so if you get more and more red tape and excessive mandates,
obviously that is one of the things where you may seem like you're
creating jobs; but in effect, you're making the business less efficient
so it cannot grow and really put those good producing jobs on to the
payroll.
{time} 2000
In a sense, those are like excessive government spending because
they're really government jobs that in fact tend to get rid of the
actual productive private.
So all of these things, all of these conditions kill jobs. So if the
Federal Government wants to create jobs--first of all, we have to
understand something: The Federal Government can't create jobs. The
whole concept of stimulus is a false assumption. The only thing the
Federal Government can do is create the conditions so the people in the
private sector can create the jobs. We can create an environment that
is helpful in producing jobs, but the Federal Government, when it tries
to hire people, all that does is take jobs away from the private
sector. So all of these things are job killers.
So let's go in a more positive light and say, well, what do you do to
create jobs? Well, just the reverse of these things, and that will tend
to create jobs. In fact, you might even have some trouble in a couple
of areas, but you're doing very well in some other areas, and you could
create some jobs.
This whole bit about the problem with unemployment in America is not
really that complicated when you understand that the jobs come largely
from these 500-employee and smaller size companies, and that they're
created by the fact that those companies and the owner of those
companies have enough money they can invest in their company and can do
the new processes, innovation and the ideas that Americans are so great
in doing. That's what makes the economy strong, and that's what makes
jobs.
Now, we have here a cartoon. We have the President here speaking to a
small businessman, and the President is saying here, Now, give me one
good reason why you're not hiring? And what do we have coming into the
china shop? Well, we have three big bulls: One is the health care
referendum; there is cap-and-trade, or cap-and-tax; and then another is
a war tax. Well, the point here in a cartoon form, obviously the bulls
are not going to have a good influence on the china shop. And the
President doesn't seem to get what's going on with the businessman.
He's not looking too excited about a good reason for why you're not
hiring with these guys coming in the door.
Now, let's take this back to what we were just talking about, health
care reform. Health care reform was going to introduce probably, at a
minimum, $1 trillion worth of spending, or close to it. So what happens
if the government does a whole lot of spending? Well, they're going to
do a whole lot of taxing. Guess who is going to be taxed with several
different types of taxes to pay for socialized medicine? Well, it was
going to be the small businessman.
So now what have you done relative to our chart here when you have
the Senate--and the House has already passed this $1 trillion
socialized medicine bill that has all these mandates on small
business--what have you done in terms of jobs when you pass this
socialized medicine? Well, first of all, you are creating economic
uncertainty, because the bill hasn't passed. We don't quite know what's
going to happen. So there is uncertainty. There is also the slowdown in
the economy, which of course is not helped by a tremendous level of
spending and debt.
Excessive taxation. Of course the taxation in the socialized medicine
bill is going to fall very heavily on these small business owners. If
you take their money away and force them to provide all this health
care, they're going to have an incentive, one, to get rid of employees,
because they can't afford them anymore because the health care is so
expensive for them. So they're going to figure out ways to get rid of
employees, not hire them. And what they're going to do, because of the
excessive taxation, is they're not going to be investing in new
equipment. So it's going to be a job killer. That was what one of these
bulls is.
And then cap-and-trade, or cap-and-tax here, bull number two. That,
of course, is the large tax that was going to be part of the solution
to global warming. And we're going to talk about that a little bit too,
but that also had a very, very large tax associated with it. Not only
did it have a very big tax to increase the cost of energy, it had a
very large tax in terms of red tape. In fact, I suppose that the red
tape and the amount of additional Federal authority to regulate
anything in the energy area, including even how individual American
citizens' houses are built--that is, building codes at the Federal
level, building codes regulating how you build your house and whether
it has the proper carbon footprint or green footprint all in this bill
with not only the largest tax in history, but also a great deal of red
tape.
These are all things that hurt jobs. And so should we be surprised
that we're getting a high level of unemployment? We should not be
surprised. We are breaking all the basic laws.
Here is the first stimulus bill. We were told last spring--late
spring and early summer--that we needed to pass a $787 billion stimulus
bill. And what was the idea of the stimulus bill? The idea of the
stimulus bill was that government is going to spend a whole lot of
money, and by spending money, the economy is going to be better. Now,
that entire premise is suspect. If the economy was going to be better
by us spending money, we would have one of the most robust, healthy
economies in the whole world. We wouldn't have any unemployment. We
would be going gangbusters if Federal spending was the thing that was
going to make the economy good.
But most people with a little common sense, if your family budget is
in trouble, the thing you're going to do is not run down to the local
store with your credit card and stack up a whole lot of debt and spend
like mad--unless you're a little bit nutty or had too much to drink.
But anyway, we were told that the thing to do is we've got to pass
this $787 billion stimulus bill. And we were
[[Page 32533]]
told, if you don't pass it, do you know what's going to happen,
America, and you, Congressmen, that are representing Americans? If you
don't pass this stimulus bill, you may see unemployment go up to 8
percent if you don't pass this stimulus bill.
So this is the President's forecast of what's going to happen if we
pass this stimulus bill right here. You see this is 8 percent
unemployment, and he says we're going to keep it under 8 if you just
get this $787 billion into our hands to spend. Without the stimulus, he
said, this is what's going to happen; if you don't pass the stimulus,
it's going to do this:
First, the red line here is what has actually happened. Is this red
line a surprise? No, it wasn't a surprise at all. I stood here on this
floor 6 months ago with similar charts and said this stimulus isn't
going to work. Is it because I'm very smart or brilliant? No, it's not
at all. It's simply because I know a little bit about history. I know
what will and I know what will not work.
If the Democrats had known something about history, they would have,
at a minimum, learned something from a fellow Democrat. This Democrat's
name was Henry Morgenthau. He was Franklin Roosevelt's Treasury
Secretary, and he appeared before the House Ways and Means Committee,
right here in Congress, in 1939. Now, we have some old people in
Congress; not too many people probably remember Henry Morgenthau, but
they could know something about history and about Franklin Delano
Roosevelt. And here is what Henry Morgenthau said: After 8 years of
spending money on this--it's called Keynesian economics. Henry
Morgenthau was a close buddy and associate of little Lord Keynes--he
was a strange little fellow, that British man--and came up with this
idea that we could stimulate the economy by spending money. And so they
went at it, hammer and tongs, stimulating away, spending lots of money.
At the end of 8 years, this is how well it works: Henry Morgenthau
appears before the House Ways and Means Committee: We have tried
spending money. We are spending more than we've ever spent before, and
it does not work. That's pretty straightforward English, we've been
spending money, more than we ever did before, and it doesn't work. I
say, after 8 years of the administration, we have just as much
unemployment as when we started, and an enormous debt to boot.
And so it's not rocket science to see that this idea of spending $787
billion that we don't have, it's not rocket science for us to be able
to stand here 6 months ago and say, hey, we hope it works, but it's not
going to work. It has never worked in history before; it's a lousy
solution, it's going to make the problem worse. We said all of those
things. Dozens of people stood on this floor and said those things. And
it's not because they're so smart, it's just because we understand the
basics of what it takes to make jobs. And the thing that kills jobs is
too much government spending.
Now, I will say about the stimulus bill that we put in place, it
would have made Henry Morgenthau very uncomfortable, because it wasn't
even traditional, old-fashioned stimulus. Old-fashioned stimulus is
like making highways or building hydroelectric plants or hard job
creation. This thing was more an expansion of wealth here. It was
giving money so that organizations like ACORN could apply for community
organizing, and a lot of things that really were never going to create
jobs in the first place, or if they were, they were government jobs.
And those things, the result has been, look, we've got unemployment; by
the time you get into the latter part of this year, up in excess of 10
percent, not 8 percent, but 10 percent unemployment. And that's not a
big surprise.
And so today, what did we do? We passed mini-stimulus, little brother
to big brother stimulus. This was only, instead of $787 billion, $150
billion today. And did we learn anything from our experience? No,
nothing at all, apparently. I think it was Einstein who said that if
you repeat the same thing over and over again expecting a different
result, you may just be crazy. And that's what we have done today. We
came up with a junior stimulus bill, and we passed it on this floor.
And the people who voted for it were the Democrats. They were a little
reluctant in voting for it because it didn't work very well the first
time when they did the stimulus, and they're not so confident that it's
going to work again.
So, what are we looking at in terms of Obama-Pelosi spending? Well,
you've got the second half of the Wall Street bailout here, $350
billion. Then you've got this economic stimulus thing that has not
worked, that we said it wouldn't work, it doesn't work, it will never
work, and yet they spent $787 billion--well, they haven't spent it all,
they're just slopping it into other government programs. And then
you've got the SCHIP, and then the appropriations, another $410 billion
over there. IMF bailout--that chart is wrong, it's probably about $110
billion.
And then the House got really excited about doing some really serious
spending, and they passed this cap-and-tax, which is that global
warming bill. And that was--let me see what the number on that is here,
get the chart turned around--that was $846 billion. The reason on this
chart that that's a little hazy is because the Senators weren't
brilliant enough to go along with this $800 billion cap-and-tax or cap-
and-trade bill. Now, this is going to extend a huge government net over
the energy business, and it was probably worse in terms of red tape and
government than it was in terms of its tax.
Now, the ironic thing is that I'm an engineer. And the thing about
this bill that's particularly frustrating is that it doesn't appear
that there is a consistency between the stated purpose and what the
bill does. Let's assume for a minute that global warming is an imminent
threat, it's something that we need to spend billions of dollars on
that sometimes people don't call it global warming anymore because it
isn't clear that the planet is warming, and so they call it ``climate
change.''
But anyway, the theory runs along the lines that there are these
various organic kinds of pollutants, particularly CO2,
carbon dioxide, that's the bubbles in soda pop. And the theory runs
that if mankind makes enough of this CO2--which we make by
burning carbon or burning coal or burning gasoline or diesel, or
whatever, we make CO2. And if we make enough of this, what
happens is the CO2 then reacts with other kinds of effects,
particularly water vapor and clouds in the atmosphere, and they amplify
the effect of the CO2, and the sun warms it up, and the
climate gets hot and melts down. That's the general idea.
Now, let's just assume for a moment that that were true, and that it
were a bad thing for us to make CO2--I don't believe that
that's entirely true, some of that is true, but a lot of it's not. But
let's just say, for instance, that we really did believe CO2
is a big problem and we needed to spend billions of dollars.
Do we need to give the Federal Government all this regulatory
authority over building codes, how you put a wing on your house and all
this kind of stuff? The answer is of course it's not necessary at all.
Let's say that instead what we wanted to do was to reduce the
CO2 in America, reduce the CO2 by the amount of
all of the passenger cars that drive on the highways in America. Let's
say that's our objective. Just to start with, we're worried about
CO2, we want to basically make it so that it was the
equivalent, from a generation of CO2, of turning off all of
the American passenger cars on our roads in America. That would be a
pretty ambitious goal. If you were worried about CO2, that
would be a pretty good place to start maybe.
{time} 2015
How would you possibly accomplish something like that?
Well, the fact is you could accomplish it relatively easily for much,
much less money than what is here and with much less government
regulation. What you would have to do would be to simply take the coal-
fired plants that produce 20 percent of America's electrical output and
replace them with nuclear plants. Currently, 20 percent of the
electricity in America is produced
[[Page 32534]]
in nuclear plants. If we were to go from 20 to a little over 40 percent
in nuclear generation, we would eliminate the CO2 from
effectively every passenger car in America. That is not that
complicated, and the nuclear plants are pretty efficient. Over time,
they would probably prove to be not much different in cost than the
coal-fired plants are, but that is the question.
Is that really the objective--to get rid of CO2 or is it
that we just want more taxes and government control? I've become a
little cynical because the engineering solution to this problem is not
where the legislation went in the House.
Then, of course, we've got this other thing here. It's a little bit
of a sidetrack.
The bottom line is, if you make energy cost expensive and if you tax
people a whole lot for energy, what is that going to do to jobs? It's
going to get rid of jobs. So everything we've been doing here--
everything we are doing--is killing jobs, and we can't seem to
understand why the small business can't make the jobs.
Now we go on to the government health care proposal passed here on
this floor not so long ago. What is the price tag on that? Well, even
with a little bit of financial hocus-pocus, it is still up there in
terms of $1 trillion. We spent $1.1 trillion today, but some of it was
for the appropriations for the defense of our country. To add to this
big socialized medicine bill, to add $1 trillion more on top of all of
these other things, is going to bury our economy.
Well, now wait a minute, Congressman Akin. Aren't you overstating
your case? I mean you are a Republican, and it seems like you're
bashing those Democrats for overspending. Under the Bush
administration, didn't you spend too much money? Well, let's just take
a look at that question.
The worst deficit of the Bush administration occurred in 2008 under
the Pelosi Congress. That worst deficit was $455 billion. Now, that was
a bad deficit, $455 billion. Maybe even a more effective number to ask
is, What was that deficit as a percent of the gross domestic product of
America? That's a way of looking at that number. That was about 3.1
percent, which is actually fairly common as you look back over a number
of Presidents who did that kind of spending. Anyway, that was 2008
under a Pelosi Congress, Bush's worst spending--$455 billion.
What happened this year? Under a Pelosi Congress and President Obama,
instead of $455 billion, it was $1.4 trillion. That's more than three
times more than Bush's biggest spending. I wasn't fond of his biggest
spending, and people who know my voting record know I did not support
some of the costly elements that were there. This year, we're three
times over what we were with Bush--at $1.4 trillion.
What does that do to our deficit as a percent of GDP? We go from 3.1
to 9.9 percent of our debt to GDP, which is, by the way, the highest
level since World War II. So this track record here doesn't make a lot
of sense--billions and trillions of dollars.
Well, what does this all mean? If you put it in context, what we're
saying here is, this year, there was three times more spending than
Bush's most aggressive spending. We're making Bush look like Ebenezer
Scrooge with the level of spending this year.
What does that spending do? Of course it affects unemployment. It
affects jobs because that spending has to come out of the pockets of
American taxpayers. Some of those pockets--in fact, some of the deep
pockets--are the people who own the businesses who can no longer do the
innovation and make the improvements to create jobs. That is a very,
very serious problem.
You have to say that this is a new era of irresponsibility, the
national debt of the United States at $16.17 trillion. So, in other
words, have we been spending too much money? Yeah, we sure have, but
this year has been a regular budget buster, and that is of serious,
serious concern. Of course, in the long term, we have the concern with
Medicare and Medicaid growing over time, absorbing more and more of the
budget.
There is a certain level the American economy can sustain in taxes.
If you raise the taxes higher, what happens is that the economy suffers
so badly that you don't actually collect any more money from the
government, and that overtaxing is pointed out by a guy by the name of
Laffer. He had a thing called a Laffer curve. It's an interesting idea.
You think, Well, look. We really want to spend all this money because
it's really good to take care of global warming and to pay for
everybody and to give them all free health care with a socialized
health care system, and we've got to do this because this is all kinds
of additional money that we're schlepping around and giving to
different people. We've got the Wall Street bailout. We've got to pick
winners and losers, and so we're going to be having to spend this Wall
Street.
Then as people come back and pay back some of the Wall Street, now
what we're going to do is turn that money around and give it to other
businesses, so now the government is playing in the private business.
If we'd had a President who'd fired the president of General Motors a
number of years ago, that would have raised some eyebrows, indeed.
So, when we get done with all of this, the problem is that it is
creating unemployment. It's a problem of jobs. It gets back to these
things here, which are just awfully simple, but they're inflexible,
immovable kinds of facts, and that is when you follow the policy that
we've been doing, which is, first of all, we're increasing red tape and
government regulation; we're engaging in excessive government spending
unlike anything that has ever happened before in our history; we have a
problem--and I haven't talked about this--of insufficient liquidity.
This is also a problem. We've got about a perfect storm going on for
small businesses in America. Here is what has happened:
The Federal Reserve doesn't actually print money, but they call it
``printed money.'' They've increased the liquidity in America, and they
did that by a factor of 10 last year. In other words, if you look at a
chart of the amount of M1 money supply, it runs along, up and down like
a saw tooth, and all of a sudden, we get to last year and--boom. Excuse
me. I think it was the end of last year--this year--and the thing jumps
by a factor of 10. So the Federal Reserve created all of this money.
Boom. It printed a whole lot of it, and that's available at a very low
interest rate, and the big banks have access to that.
The question is: Does all of that liquidity get down to the small
business man? Because if you could get that liquidity into the hands of
the small business man and if you could knock his taxation back, all of
a sudden, presto zingo, you've got the formula to get the economy back
chugging and churning.
It's not the government that is going to fix the economy. It's
American individuals. It's the free enterprise spirit of Americans.
It's the people who love freedom, who have the ingenuity, who say
there's a better way to do this. I think I could do it. I think I could
build my own business, and I could make a living for my family this
way. These people have the courage to take the risks, to put the
equipment together, to put the systems together, to put the inventions
together. America grows one dream at a time. They are the people who
pull us out of recessions, and it is those people who we are hurting
with excessive taxation.
As to this liquidity thing, the problem now is that the small
businesses can't get their hands on money at a reasonable interest
rate. Here is what happened. That liquidity that the big bank has
trickles down to the little bank, and the little bank gets some of it.
All of these Federal regulators are running around, and the bank is
saying, Man, I am not going to loan money to any small business unless
I know it's a slam dunk. They're going to pay me back because I'm
already skating on a very thin edge. I've got a lot of assets that my
bank owns that are not too strong, and I'm afraid they're going to shut
me down and that my bank is going to go out of business, so I am not
going to loan money very easily to just anybody who comes down the
pike. When you do come down the pike and want to borrow money, I'll
tell you
[[Page 32535]]
what: I'm going to charge you a pretty good interest rate on that
money.
So what happens is the small business man is already intimidated
because of the threats of all of these taxations that are coming along,
and the economy has slowed down. He has got economic uncertainty. He
has got a slowdown in the economy. He's getting excessive taxation.
Now, I haven't even talked about all of the taxes he's facing.
First of all, the Bush tax cuts are expiring, so the death tax is
coming back. The dividend tax, the capital gains tax, all of those are
coming due because those tax things are expiring, and they're coming
back, resetting at a higher rate.
So the small business man sees the death tax, capital gains, dividend
taxes. Now he's seeing the other taxes we talked about, which are
socialized medicine, energy taxes and cap-and-trade. What other things
has he has got coming? He has got these taxations coming. Now, with
that, he's thinking, Oh, my goodness. I'm not too sure I really want to
borrow anything.
Even if he does get the courage to borrow something because he has
to, he'll go to the bank, and the bank will say, Ah. Before, I was
giving you a couple percent interest on those loans. It was a 3-year, a
5-year loan for your business. Now I'm going to need to get a little
more interest from you. I think about 4 or 5 or 6 percent is what I
want now.
All of a sudden, the small business man, even if he qualifies and if
he has a solid, strong business, it's going to be harder for him. These
days, it's increasingly harder for him to get liquidity. So, aside from
the taxation, excessive government spending, aside from the red tape
and mandates, the economic uncertainty and the slowdown, now he's also
getting hit with the problem of liquidity. This is fairly close to a
perfect storm for small business. So guess what? We're not very
surprised that unemployment has been going up.
Now, do we have any good news? It's always nice to have a little bit
of good news somewhere. Until we fix these things or at least a number
of them, you are not going to hear much about good news. People can
say, Oh, the stock market is fine, and everything is going well. We've
hit the bottom. Everybody looks at these things like they're cycles
that repeat. It doesn't have to be a cycle. You know, FDR managed to
take a recession and turn it into a Great Depression because he did the
wrong things. We can follow in his footsteps, but we don't have to.
The point is we don't have to follow Keynesian economics. We don't
have to do all of this tremendous level of spending and taxation. It's
not necessary. It's not what the Republicans are proposing. We know it
won't work, and we have learned from Morgenthau, and we have learned
from other people as well.
What is the solution? Well, actually, it's kind of interesting. One
of the people who learned the solution was JFK, a Democrat. What he did
was what? Well, he cut taxes. Oh, my goodness. A Democrat cutting
taxes? Yeah, JFK actually did. We had a recession. He understood that
businesses have to have some breathing room, so he cut taxes. Guess
what? The economy improved.
Then Ronald Reagan comes along. Ronald Reagan had the same basic
idea. He said, Hey, we've got a bad economy. How can we ever compete
with the Soviet Union when our economy is all in trouble? So what did
he do? He had a huge tax cut--two or three times what George Bush's tax
cut was. Everybody called it trickle-down economics and made fun of
Ronald Reagan for about a year or so until the economy turned around
and took off like a horse, and it pulled us on ahead. He continued to
spend money on defense. He bankrupted the Soviet Union. The Berlin Wall
fell down, and the Western World was freed from the threat of an
aggressive, Marxist/communist regime that was bent on taking over the
free world. This is all because he understood these basic principles.
So who is it who has given us the model? JFK, Ronald Reagan, and also
President Bush--the last President--all understood this principle.
You've got to get off of the taxation and big government spending.
Here is the funny thing that is interesting. It was called sometimes
``supply side economics.'' People made fun of it, but here is how it
works, and you can see, in your own logic, how it would be. Let's say
somebody appointed you to be king for the year and that your job was to
raise money for your little government and your kingdom and that the
only thing you could do was tax loaves of bread. People in your kingdom
liked to eat bread. They bought loaves of bread, so you had the power
to tax them on loaves of bread.
Well, you start thinking in your own mind, How would you do that?
Well, you might say, first of all, Well, I could put a penny a loaf on
the bread, and I could collect a certain amount of money. You could
figure out how many loaves of bread are sold. At a penny apiece, you
could figure out some revenue. Then you get to thinking, You know, I'll
bet I could raise more money for my little kingdom if, instead, I put a
$10 tax on every loaf of bread. Then you'd think, Wow, that would be a
whole lot except what would happen is people wouldn't buy as much
bread, so I really wouldn't get as much tax as I first thought I would.
So, as you play with this back and forth in your mind, you come to
the conclusion that there is an optimum point where, if you raise or
lower the taxes, you will get less tax revenue. Well, that's the thing
that Ronald Reagan, JFK, and Bush II understood. They understood that,
if you get off the taxes, the government can actually take in more
money than they would have taken in if the taxes were higher. It sounds
like making water run uphill, but it isn't. As you think about the loaf
of bread, you think, Wait a minute. You can tax something so much that
no one will buy it anymore, and you'll basically stall the economy.
{time} 2030
What happened when Bush was faced with a recession when I first came
to Congress in 2001, he was criticized roundly for this. After a little
while--I guess it was about 2003--he got around to this, he reduced
dividends, capital gains and death taxes. Now those things affect the
guys that own these small businesses.
When he did that, almost immediately, what happened was government
revenues went up even though the taxes, rate of taxation, went down.
Well, how in the world could that be? It's this same principle. It was
called the Laffer curve. It was first published, I think, by Art
Laffer, an economist.
The solution to this doesn't mean that Americans have to sit around
with no jobs and suffer tremendously with a lousy economy. The solution
is available. The solution has been used time after time in American
history. The thing that we are doing now has also been used to turn a
recession into a depression.
What we have to do is stop spending too much money. It's not very
complicated; the same thing you would do in your family budget. You
can't say that you are fiscally responsible, criticize George Bush for
creating all of these problems when his highest level of spending at
455 billion is less than one-third of what we have just spent in this
year at $1.4 trillion.
When we get the ratio of debt to gross domestic product higher than
it's been since the Second World War, you know something is wrong, and
it is not that complicated. This whole idea of employment and what
makes jobs is very straightforward.
What I hear the Democrats frequently doing is beating on their drum.
We are going to tax that old rich man. We are going to get the rich
man. We are going to take his money away from him and give it all to
other people.
Well, the only trouble with that is, the trouble with socialism is
sooner or later you run out of other people's money. Guess who it is
you are going to tax? If you say you are going to tax the rich man,
some of those rich men are the guys that own these companies, the men
and women, the entrepreneurs who own the companies. Many times the
amount of profit that the company makes is like their profit. They plow
it back into more jobs.
[[Page 32536]]
Now, if you tax those people out of their hides, guess what's going
to happen. They don't have any money to reinvest in their company, and
you kill jobs. You cannot separate the people that run the business and
the jobs. They are not separable.
If you really want jobs, you have to have employers. You can't have
employees with no employers.
If you tax the employers too much, then they can't have employees.
It's not that very complicated. Yet what we hear constantly is all
these fat cats, we are going to run the tax up on these well-to-do
people.
Well, as it is today, you might be amused to know that 50 percent of
Americans pay about 1 percent of the tax revenue in America. Fifty
percent of Americans pay about 1 percent--I believe my numbers on that
are pretty close to right. You could also say that a very, very large
percent of taxes are paid by a very small percent of Americans.
Now, if you drive that too hard, what happens again is you squeeze
the small business and the wheels come off the tracks. That's what we
have been doing, and we have not been making the situation better.
It's not complicated. We can fix it, but we can't fix it with what we
did today. Today the Democrats decided to increase the debt ceiling,
another $300 billion. They decided to spend money on the defense of our
country, which I supported and voted for, but also another $150 billion
in this stimulus kind of thing which didn't work before, and we know
it's not going to work again.
We are not using the right approach. We are not going back to the
basics of how jobs are created. What we are doing is we are spending
Americans' money. Not just our own money, not just our kids' money, our
grandchildren's money at this kind of rate. We cannot afford these
kinds of programs in the condition of our economy.
We can right the economy. There's things that can be done to fix it.
There's a great deal that can be done with health care. Even if you
believe in global warming, and it is a high priority to spend billions
of dollars on it, even if you believe that, there are a whole lot of
better solutions and a whole lot of government redtape and taxes.
You can move to the nuclear model, which is going to reduce
CO2 significantly. This economic stimulus, we saw how
effective that was. That's the thing that we are claiming we are going
to keep our unemployment below 8 percent, and here we are closer to 10.
Now, of course, the Wall Street bailout: this was a failed idea from
the start. It was sold to the Congress that the entire American economy
was going to collapse, that there was going to be sulfurous smoke
billowing out of the earth. There are going to be hail storms and brick
bats falling from the sky if we didn't come up with $700 million in
unmarked bills, and we wanted it in a big hurry because we made a big
public announcement, the stock market is watching you, Congress.
Congress obliged. I think it was a bad decision. They passed that
stimulus bill. Now we have got politicians running around inside the
private sector deciding on the salaries of private employees.
The recent bill that we passed here just last week gives the Federal
Government the authority to regulate financial transactions and, at
least in theory, could give them the power to determine the salary of a
bank teller. Do we really think that that's a job that Congress and the
Federal Government can do efficiently, is to determine the salary of
people in private industry?
Is that what we really want our government doing? Do we trust our
government to be telling us whether we can put an addition on our house
and we have to prove that the carbon footprint of our house is just
right to be able to allow us to put an addition on our house?
Do we need to have a energy taxed a whole lot more when the economy
is in the condition it is now? Is this threat of global warming which--
by the way, a whole series of emails and electronic files were released
from the scientific university in England that is the center for
collecting all the data on global warming, it found that these
scientists had been fudging the data. What they found was, in fact,
that they were very less than professional and had been doing
everything they could to quash any article appearing in a journal that
would question the absolute rigid science that global warming was an
imminent disaster on this planet.
Well, when the evidence of the fact that the data had been doctored,
that they had been intentionally trying to quash the opinions of
dissenters, trying to say that it's settled science--it's nothing
settled at all, what these emails revealed in East Anglia. But that was
kind of dubious science all the way along.
The question is, is that as important as our dependence on foreign
oil? I am not so sure that it is.
Even if it is, there's a solution to that which is replacing coal-
fired, carbon-burning plants with nuclear plants. France has 80 percent
nuclear generation. If we went to 40, we would, equivalent, get rid of
the CO2 from all of those passenger cars.
This is not the approach we have been taking. The whole wrong
economics of what we have been doing is wrong. That's why people are
feeling pain. They are feeling unemployment. That's why people can't
make their mortgage payments. That's why people are having to move in
with their parents and all kinds of other sacrifices are being made.
That's a tragedy, because this is something that's not that
complicated. It's something that--there are models that show us what we
should be doing in government. The Republican Party has proposed all of
the things that I am talking about in solutions, that is, in terms of
health care, are we saying there isn't something that should be done?
Of course there are things that should be done in health care.
If you have got a problem with the plumbing in the kitchen sink, it
doesn't mean you remodel the entire kitchen. That's what the Democrats
have proposed. In socialized medicine, the government could take over
all of health care. You don't have to do that, but there are things
that we can do to improve the situation and can build on what we have.
We have a very, very good health care system in terms of delivery.
The pay-for piece of it is broken, and it's because about a third of
Americans don't pay anything for their health care. No wonder that
starts to create stress in the system.
There are things that we can do to improve the efficiency and the way
our health care system works, but it doesn't mean scrap the whole thing
and give it to the government. In each of these areas there are good
proposals, ways to solve these problems.
When we are talking about jobs and employment, we have to remember
what the basic principles are. The basic principles are those small
businesses have to be healthy, and they are never healthy when we spend
too much money, when we create too much redtape and when we tax too
much and also when we don't get the right rules in terms of liquidity.
I heard on the floor here not so long ago, the Democrats saying that
this entire recession is the fault of George Bush. Of course, he is the
one that brought the hurricane--it's always convenient to find somebody
to blame.
But what's to blame in this recession? What's to blame in terms of
job losses? Well, it's these things here. Anybody who has ever run a
small business, you can check these with anybody who has a friend, talk
to somebody who runs a small business. Ask them: Is economic
uncertainty a problem in terms of creating jobs? Oh, yes, yes. Slowdown
in the economy? Yes, that makes me concerned. Excessive taxation? Oh,
yes, you are going to tax me a whole lot.
We have got this thing called a death tax. The death tax, the way it
works is when it goes back into effect in 2011 or 2012, let's say you
have got a business, maybe it's a farm. You have got the thousand acres
and Dad is running the farm. Dad dies and passes the farm on to his
son.
The government says, well, your dad died so we are going to tax you.
Well,
[[Page 32537]]
how come you are taxing? He already paid his taxes. Yes, we are going
to tax him again. It's a double taxation, and we want 45 percent of the
value of the farm.
The son says, well, that means I would have to sell half the land
from a thousand acres and go to 500. I would have to get rid of half of
my tractors and combines and other equipment. The farm really wouldn't
work at 500 acres. It needs a full thousand acres. Sorry, Bub, you owe
Uncle Sam the death tax.
What that does is what? It kills small business when you do that
death tax. These are things that people know you just can't do this and
expect to have a strong economy.
That's where we have been making some mistakes. Unfortunately this
last year these mistakes have come home to roost.
You could say, well, this is Bush's mistake because he got the whole
economy messed up in the first place.
Well, let's go back to that record. Let's go back to that
conservative newspaper, the New York Times. On September 11, September
11, 2003, the New York Times reported, first of all, that President
George Bush was worried about what was going on with Freddie and
Fannie. Freddie and Fannie had apparently lost a few billion dollars,
didn't know where they had put it.
That said, these financial institutions that were quasi-public, the
implication was that the government would be in the bag if something
went wrong with Freddie and Fannie.
He is quoted, September 11, 2003, in the New York Times saying that
Congress needs to give him authority to regulate Freddie and Fannie
more. In a matter of a year or two, we here in the House, it was a
Republican House at that time, passed a bill to give the President
authority to get into Freddie and Fannie's finances and to regulate
them more because they were out of control.
The bill went to the Senate, as you can expect; but it was killed by
the Democrats in a filibuster on the floor. It never saw the light of
day. It was never passed.
So it was that Freddie and Fannie, failing, along with other parts of
that real estate market, which was created by laws that we had made,
saying that banks had to make loans to people who couldn't afford to
pay them, and also this wild speculation that came from a very, very
low interest rate and a lot of liquidity created by Greenspan, you put
that all together and you get a bubble in the real estate market. The
bubble pops and things come apart.
Now, you could try and blame that thing on Bush, but it really
wouldn't be accurate to do that. He saw, at least in 2003, that we were
in trouble and recognized we should do something about it. It's easy to
try to blame problems that are created by overspending and overtaxation
on the Republicans, but the fact of the matter is this Congress has got
80 Democrats more than it does Republicans. This is not exactly what
you call a Republican control of the Congress or the House.
Over in the Senate, the Democrats have a working 60-vote majority, so
they could even break filibusters and pass what they want. They have
had a year to work on this, and we can see what they have done.
We have seen what happened to their spending. We have seen all these
different things they put money into. These ones that are foggy are the
ones that are just done by the House. The Senate has not passed them.
We have seen what's happened to employment as a result of that
excessive spending. It has not been good, and it's not been good for a
reason.
We have, today, again, continued in the same policy. I think
Americans are getting tired of it. I think they realize you can't blame
it on someone else, that these are basic factors that people
understand. It's businesses that create jobs; and if you tax the
businesses too much, and if you have the wrong environment for the
businesses, they are not going to be able to keep the economy going.
{time} 2045
Ironically, something that suffers a great deal in a poor economy are
governments. Governments depend on tax revenues for their revenues, and
the States really take a beating because many of them have balanced
budgets that they have to meet. So if you happen to be some poor
governor in a State when you have a Congress like this that's spending
money wildly and forgetting the basic principles of economics, you've
got a lot of problems.
So this cartoon is as a lot of cartoons that have a certain amount of
sense and humor to them. ``Now give me one good reason why you're not
hiring.'' Well, we've seen a whole lot of reasons why we're not hiring,
and the trouble is that we have essentially exasperated every single
one of these things, and that's why there are not jobs here.
So we're closing up here, then, on this segment on unemployment and
on spending and what it is that creates it. There's nothing here that's
very complicated. Like most things in life, if you understand the
mechanics and how they work, they're not very difficult. We're doing
some things that are wrong in terms of jobs. If we want to have jobs,
we can do it. It's not the government that's going to create the jobs.
It's you, my friends, the American people that will create the jobs.
But we have to give you an economic environment that is conducive to
creating jobs, and that does not mean a whole lot more money in
spending, such as our $150 billion in stimulus II, ``son of stimulus,''
if you want to call it that, the failed bill from last summer that
didn't work. It does not include increasing the debt limit, as we did
today, by $300 billion. What it includes is the same basic principle
that JFK, Ronald Reagan, and Bush used, which is getting the government
off the backs of the people of the United States.
This is a sad situation. My father fought in World War II, and their
mindset was, we're going to give of ourselves a whole lot so the next
generation, our children, can have more than we did. Some of them
didn't go to college, and they said we want our kids to go to college.
We want to leave America a better place.
Is that the heritage of this day, that we want to leave America a
worse place, that we want to leave our kids and our grandkids up to
their ears in debt, having a less bright future than what we had? Can't
we learn from the great generation that fought World War II that we
want to leave America a better place?
I believe the American public will say we want to go back to leaving
this a stronger, better, freer country than when we inherited it, and I
think we will do that. But we will do that by changing these false
premises and policies that are leading us down the primrose path.
I thank the Speaker for allowing me to talk on these very important
questions, and I would say Merry Christmas, wonderful holidays to
Americans. God bless you and goodnight.
____________________
THE IRAQ AND AFGHANISTAN WARS AND HEALTH CARE REFORM
The SPEAKER pro tempore (Mr. Tonko). Under the Speaker's announced
policy of January 6, 2009, the gentleman from Florida (Mr. Grayson) is
recognized for 60 minutes as the designee of the majority leader.
Mr. GRAYSON. Mr. Speaker, in some respects the policy regarding the
wars in Iraq and Afghanistan comes down to the subject of leadership.
And as I have said, leadership is sometimes simply a question of
looking into the future, seeing what's inevitable, and doing what you
need to do to make the future come faster. I think that's true in both
the case of Iraq and the case of Afghanistan.
In the case of the Israelites in Egypt, Moses did not say to the
pharaoh, Would you please let my people go starting 2 or 3 years from
now? Instead what he said is ``Let my people go'' now.
We all know that sooner or later our troops will be withdrawn from
Iraq. They will be withdrawn from Afghanistan. So the question is why
not now?
Now, if you ask that question to the other side, the people who want
to perpetuate these wars, the answer is always the same in one form or
another.
[[Page 32538]]
That answer is, something bad is going to happen. But what that really
means when you get down to it is that something bad might happen.
Nobody knows for sure what might happen. They're speculating that
something bad might happen. But you can be sure that if the war is
perpetuated, something bad will happen. And that is the loss of
American lives, the loss of foreign lives, the loss of our national
treasure.
In the case of Iraq, $3 trillion already and the amount grows every
day. This in a country like ours with a total net worth accumulated
over more than two centuries of $50 trillion. We have taken 6 percent
of what our great grandparents and our grandparents and our parents
produced and left to us and everything that we've toiled to produce
over the course of our lives and everything that our children have
produced. We have taken 6 percent of all of that and dumped it into the
sands of Mesopotamia and lost 4,000 American lives and countless Iraqi
lives to boot. Now, this is what happened because we entered into this
war, because we continue this war, because the war continues to this
day.
We have an enemy in this war. The enemy is called al Qaeda; al Qaeda
in Iraq, al Qaeda in Pakistan, wherever they might be, but that's the
name they go by. But ask yourself, what could they have possibly done
to inflict that on us? What could al Qaeda have done to make us lose $3
trillion, 4,000 American lives, countless lives of other people? What
could they have possibly done? They would have literally had to
vaporize New England in order to inflict the same amount of economic
damage on us to destroy 6 percent of our economy. It simply wasn't
possible. It isn't possible. It never was possible.
And that's why the war was such a mistake to begin with. It was born
in sin, it lives in sin, and in the end it will die in sin. It never
should have started, and it never should be perpetuated because every
day the war continues. Every single day is another day that we risk
American lives, on many occasions we lose American lives, other people
die, and again our national treasure is dissipated until in the end it
will be gone.
As Senator Kerry once asked, famously, ``How do you ask a man to be
the last man to die in Vietnam?'' That's a good question. How do we ask
a man today to be the last man to die in Afghanistan? How do we ask an
American soldier today to be the last American soldier to die in Iraq?
There is no good answer to that question. There's no good answer to why
we continue to perpetuate these wars knowing full well that they will
end. And they'll end only one way.
Paul Simon once had a song called ``50 Ways to Leave Your Lover.''
There actually are 50 Ways or more to start a war. That much is true.
Once the Europeans fought a war because a pirate cut off a man's ear,
the War of Jenkin's Ear, and that plunged two different nations into
war for years. At another time a murder was committed. A man was shot,
one man, only one man. He happened to be Archduke Ferdinand, and an
entire continent was plunged into war. That was the origin of World War
I.
There are all sorts of ways to begin a war. There are all sorts of
ways to perpetuate a war. The Hundred Years' War in Europe was fought
for more than a hundred years, left two different countries, both
England and France, absolutely penniless, as many wars often do, for
the simple reason that it takes an awful lot of effort to build a
school, almost no effort at all to blow it up. And the same thing is
true of anything that you can create. So wars destroy, and very often
they destroy the countries engaged in them.
In the case of America, when America starts a war, when America is
involved in a war, we are so strong, we are so powerful that the only
way to end a war is for us to end it. There is only one way to end the
war that America is involved in, and that is for us to decide as a
country enough is enough, we're done. We spend more on our defense than
all other countries combined, and the result of that is that these
decisions are made by us, often by the people in this room, often by
the President. And it's up to us to decide when enough is enough, when
enough people have died, when enough money has been lost, when the
price in both blood and money is simply too high. I submit that we've
reached that point in Iraq a long time ago. We reached that point in
Afghanistan a long time ago.
In the case of Afghanistan, within 2 months after 9/11, we had
expelled the Taliban Government from the capital. Within 3 months we
had expelled al Qaeda from the country, and our enemies were no longer
even in Afghanistan at that point. They were in Pakistan and they
remain there today. It's not a secret. Everybody knows it. So the
result of that is within 2 months or 3 months after 9/11, we had won
our victory in Afghanistan, and at some later point even in Iraq I seem
to remember our President standing on an aircraft carrier and behind
him the giant sign ``Mission Accomplished.''
Yet both these wars go on and on and on for one reason, one reason
only: It's because we Americans decide to perpetuate them. And we do so
out of fear, out of the sense that something bad might happen, without
realizing that something bad happens every single day that we are at
war. So there may be 50 ways to start a war, but there's only one way
to end it, and that's for us to end it and hopefully not too much
longer from now.
I think the President missed an opportunity. He took office with a
great deal of goodwill on the part of not only my party, the Democratic
Party, but also on the part of good people all around America who
simply want better lives for themselves. Let's not squander that
opportunity. We all deserve a direction that we regard as the right
direction. There are too many people in this country even today who
think we're going in the wrong direction. In Iraq the wrong direction
is simply the same direction. The same thing is true in Afghanistan.
The wrong direction is the same direction. We voted for change. We
deserve change. That's just as true with these foreign wars as it is
with anything else.
We know that at some point in the future these wars will be over. And
with regard to what the situation will be then, we will know that
George Bush started these wars and I sincerely do hope, I sincerely do
hope, that Barack Obama will end them, if not right now then as soon as
possible.
Then at that point the poet Percy Bysshe Shelley will tell us what
the circumstances are at that point, and I yield to Percy Bysshe
Shelley for a moment or two. He described those circumstances in the
poem ``Ozymandias.'' This is what those circumstances will be like when
these wars are over:
``I met a traveller from an antique land
Who said: Two vast and trunkless legs of stone
Stand in the desert. Near them on the sand,
Half sunk, a shattered visage lies, whose frown
And wrinkled lip, and sneer of cold command
Tell that its sculptor well those passions read
Which yet survive, stamped on these lifeless things,
The hand that mocked them and the heart that fed.
And on the pedestal these words appear:
`My name is George W. Bush, king of kings:
Look on my works, ye Mighty, and despair!'
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare,
The lone and level sands stretch far away.''
The lone and level sands will stretch far away when these wars are
over, these monuments to the mistakes of our previous President. But in
the end that's what it will be, simply a statue in the desert,
pointless, endless, bare.
With regard to the issue of health care, we are now waiting for the
Senate to act, this House having acted quite a while ago now.
{time} 2100
And I have to wonder why. Why are we waiting so long? What facts are
different today on this day in December
[[Page 32539]]
than were any different in November, or any different in October, any
different in September, August, July? What can we do today that we
could not have done then? I think the sad fact is, nothing. Nothing has
really changed. The fundamental facts are the same. Americans are still
denied care every single day on the basis of preexisting conditions, on
the basis of reaching lifetime caps. There are still millions upon
millions of Americans who have no health care coverage. There's a
million, who, every year, go bankrupt because of that. And there are
thousands upon thousands who die every single month for the simple
reason that they have no health care coverage. That's been true, not
only for this month, not only for last month, but for year upon year.
And we Democrats in the House of Representatives, we took it upon
ourselves, with the political capital that you, the American people had
given to us, we took it upon ourselves to make that our priority once
we had done what we could to steady the shaken economy. We delivered.
We did what we needed to do. And we have waited and waited and waited
for the Senate to do what it needs to do.
I pointed out here on this pedestal several weeks ago that the cost
of delay is death. People die every single day, 121 of them, 122, every
single day because they have no health care coverage in America. And I
pointed out that there are people here in this Chamber who are dead set
against health care reform, even at the cost of the lives of their own
constituents. I gave their names. I gave their numbers for how many
people would die in each of their districts on account of our not
passing health care reform. Now I think it's time to do the same for
the obstructionists in the Senate, those people who think that health
care reform doesn't serve their own purposes, and they are, therefore,
willing to deny it to their own constituents.
This is not a case of one State opting out. This is a case of
Senators, en masse, deciding, one by one, that there will be no health
care reform, not just for their States, but for all America. And so
what I've done is I've created another list. This is a list of States
and a list of those who die in that State, one by one, on account of
there being no health care coverage, not once, but year after year
after year. And now I propose to provide that list to you all. You'll
be able to see it at our Web site later on today.
In the State of Alabama, the number is 541 deaths each year.
In the State of Alaska, 124 deaths each year.
In the State of Arizona, 1,185 deaths each year.
In the State of Connecticut, 326 deaths each year.
In my State of Florida, an astounding 3,542 deaths each year.
In Georgia, 1,640 deaths each year.
In Idaho, 217 deaths each year.
In Indiana, 727 deaths each year.
In Iowa, 272.
In Kansas, 329.
In Kentucky, 609.
In Louisiana, 800.
In the State of Maine, 123 deaths each year.
In Mississippi, 518 deaths.
In Missouri, 714 deaths.
In Nebraska, 216 deaths.
In Nevada, 450 deaths.
In New Hampshire, 132 deaths.
In North Carolina, 1,424 deaths.
In Ohio, 1,279 deaths.
In Oklahoma, 550 deaths.
In South Carolina, 693 deaths.
In South Dakota, 88 deaths.
In Tennessee, 883 deaths.
In the State of Texas, 5,857 deaths each year for lack of health
coverage.
In Utah, 342 deaths.
In Wyoming, 69 deaths.
And on it goes.
And for those Senators who have shown some reluctance or some lack of
interest in health care reform, I'm going to provide your names right
now to go with your States.
In Alabama, I'm talking about Jeff Sessions and Richard Shelby; in
Alaska, Lisa Murkowski; in Arizona, Jon Kyl and John McCain; in
Connecticut, Joseph Lieberman; in Florida, George LeMieux; in Georgia,
Saxby Chambliss and Johnny Isakson; in Idaho, Mike Crapo and James
Risch; in Indiana, Dick Lugar; in Iowa, Chuck Grassley; in Kansas, Sam
Brownback and Pat Roberts; in Kentucky, Jim Bunning and Mitch
McConnell; in Louisiana, David Vitter; in Maine, Susan Collins and
Olympia Snowe; in Mississippi, Thad Cochran and Roger Wicker; in
Missouri, Christopher Bond; in Nebraska, Mike Johanns and Ben Nelson;
in Nevada, John Ensign; in New Hampshire, Judd Gregg; in North
Carolina, Richard Burr; in Ohio, George Voinovich; in Oklahoma, Tom
Coburn and James Inhofe; in South Carolina, Jim DeMint and Lindsey
Graham; in South Dakota, John Thune; in Tennessee, Lamar Alexander and
Bob Corker; in Texas, John Cornyn and Kay Bailey Hutchison; in Utah,
Robert Bennett and Orrin Hatch; and in Wyoming, John Barrasso and
Michael Enzi.
Please remember these names. These are the people who have stalled
health care in this country. These are the people who have watched
when, day after day, month after month, people go broke, people remain
sick and people even die because they have no health care in this
country. And I want to assure each one of you who has done anything to
obstruct health care reform in this country that people will remember.
Maybe not the people who die, but the people who love them, the people
whose names I read day after day at our Web site, NamesOfTheDead.com,
and the people whose stories I told day after day. These are people who
are gone, but the names, the list grows every single day until we solve
this problem. And then, in the end, when we do solve this problem--and
it's inevitable. Every other industrial country in the entire world has
health insurance for everyone. When we do join the ranks of those
countries, people are going to remember who made that happen and show
kindness and love to them. People are going to remember who blocked it,
and they'll show undying hatred. People are going to remember.
And you'll remember, too. You'll remember that when the time came for
you to do something for your fellow man, to stop the suffering, to stop
the hurt, to stop the pain and to stop the dying, you did nothing, or
you didn't do enough. You're going to remember that, and you're going
to know that blood is on your hands.
May God have mercy on your soul.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair would remind the Member to refrain
from engaging in personalities toward the Senate or its Members.
Remarks in debate may include policy criticisms, but may not descend to
personalities.
____________________
VACATING 5-MINUTE SPECIAL ORDER
The SPEAKER pro tempore. Without objection, the request for a 5-
minute special order speech in favor of the gentleman from Florida (Mr.
Grayson) is hereby vacated.
There was no objection.
____________________
THE RELIGIOUS HERITAGE OF THE UNITED STATES
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Texas (Mr. Gohmert) is recognized
for 60 minutes.
Mr. GOHMERT. Mr. Speaker, it's interesting following the gentleman
from Florida. In the spirit of Christmas, it sounds like accusing
previously Members of Congress and now Members of the Senate of
basically being responsible for deaths. I can't help but address that
in this respect--ignorance is a dangerous thing, and the fact is, if
you will examine, Mr. Speaker, the statistics of those, for example,
you take numbers I'm familiar with of women who find a localized tumor,
of breast cancer, they have a 98 percent chance of success, of complete
elimination of the cancer. That's in the United States with our health
care.
If we go to what the gentleman from Florida is proposing, as we see
in other countries like England, it's about 20 points less. In other
words, the program the gentleman from Florida is
[[Page 32540]]
advocating would be responsible for killing one out of five women who
find those type tumors. And you can run those statistics throughout
health care.
So, despite what some have said--I know not intentionally trying to
misrepresent, because I know the gentleman is an honorable man. As
Shakespeare said, so are they all, all honorable men. But they're wrong
about the facts. And the truth is, we have numerous proposals to reform
health care and to provide health care for everyone. But one of the
great misrepresentations that's been made this year in this House is
that so-called health care reform is about health care reform. It is
not. We've heard everyone from the President to lots of people on this
side of the aisle say that yes, we want to insure 30 million more
people. Well, the statistics tell us if they do their program, then
they are going to be millions who lose their health care insurance. And
even if you wanted to insure 30 million people, well, the statistics
indicate those 30 million are in approximately 10 million households,
and you can insure those 10 million households for potentially less
than $10,000. So for $100 billion, you could insure all the people that
they say they need to add to the health care insurance rolls for $100
billion. And yet the estimates are anywhere from $1.2 trillion to $2.5
trillion as to what they're proposing will cost.
That makes it clear that the truth is their proposals are not about
health care reform. They are about government control. And
consistently, when you go through the statistics of the success rates
with regard to different types of cancer, if you go to the programs
being advocated, then people get on lists and they die waiting on those
lists. People die waiting for the treatment, the therapy, the
diagnostics that require lists in a socialized medicine setting.
But I want to get away from the partisan politics and the nasty
allegations that have been made in here just prior to me speaking, and
back and forth throughout this year, because this may well be the last
hour that we have here in the House before we recess for Christmas and
before we come back next year. So, instead of getting into all this
rancor, I thought it would be good to help address an area that some
people have just not had education about, and that this is the
appropriate place, Mr. Speaker, to make sure that the record is
correct, because we have so much wonderful history in this building, in
this House.
For example, I hear people really concerned around this building,
around the Supreme Court, across the way, around Capitol Hill here,
about someone, my goodness, praying in public. Well, we begin every day
we're in session here in the House and the Senate's in session with a
prayer.
{time} 2115
Many are ignorant from the place in which that tradition started,
where it came. You have to go back to 1787, the Constitutional
Convention.
The Constitutional Convention, people may recall, began in 1787 as a
result of the failure of the Articles of Confederation. And for those
that know history, they would know that the revolution was won in 1783.
It was the Treaty of Paris in which England finally recognized the
United States' right to exist as a Nation, and George Washington did
something that had never been done in the history of mankind before or
since then, and that is lead a revolutionary military, win the
revolution, and then resign and go home when he could be Caesar, he
could be king, emperor, whatever. That was not his goal. His goal, as
he said, was to do his duty to God, basically, and his country, kind of
like the Scout oath.
Anyway, here they are in Philadelphia, Independence Hall, 1787. It's
June. Benjamin Franklin is 80 years old. Now, many people say, Well, we
know he was a deist from history. That means he believed there was a
creator out there but that he believed God, the creator, created things
and then stood back and let everything happen and that he never
interfered. Well, those who also know history know that there were
times in his life when Benjamin Franklin sowed some wild seeds, and
that included some in Europe and in England. But by the time of the
Constitutional Convention, there in Independence Hall in Philadelphia,
1787, Benjamin Franklin was between 2 and 3 years away from meeting his
judge, meeting his maker, and he knew that. He was as brilliant as
ever, as witty, an amazing man, the genius that he was, and there he
sits.
There is a picture right outside the House floor depicting that area
in Independence Hall where they were meeting. Now, in the beautiful
painting, the windows are open. Well, the windows were covered. It may
have been by blankets instead of beautiful lined curtains depicted in
the scene. But for nearly 5 weeks, they went without accomplishing much
of anything. Finally, the 80-year-old Ben Franklin rose and was
recognized by the President of the Constitutional Convention, George
Washington. And we have these words because James Madison recorded them
as secretary of that convention.
These are the exact words of Benjamin Franklin, June 28, 1787, in
Philadelphia during the Constitutional Congress. Benjamin Franklin
said: ``Mr. President, the small progress we have made after 4 or 5
weeks' close attendance and continual reasonings with each other, our
different sentiments on almost every question, several of the last
producing as many noes as ayes, is, methinks, a melancholy proof of the
imperfection of human understanding. We, indeed, seem to feel our own
want of political wisdom, since we've been running about in search of
it. We have gone back to ancient history for models of government and
examined the different forms of those republics which, having been
formed with the seeds of their own dissolution, now no longer exist.
And we have viewed modern states all around Europe but find none of
their constitutions suitable to our circumstances.
``In this situation of this assembly groping, as it were, in the dark
to find political truth, and scarce able to distinguish it when
presented to us, how has it happened, sir, that we have not hitherto
once thought of humbly applying to the Father of lights to illuminate
our understanding? In the beginning contest with Great Britain, when we
were sensible of danger, we had daily prayer in this room. Our prayers,
sir, were heard and they were graciously answered. All of us who were
engaged in the struggle must have observed frequent instances of a
superintending providence in our favor. To that kind providence we owe
this happy opportunity of consulting in peace on the means of
establishing our future national felicity. And have we now forgotten
that powerful friend? or do we imagine that we no longer need His
assistance?''
Ben Franklin goes on and says: ``I have lived, sir, a long time, and
the longer I live, the more convincing proofs I see of this truth--that
God governs in the affairs of men. And if a sparrow cannot fall to the
ground without His notice, is it probable that an empire can rise
without His aid? We have been assured, sir, in the sacred writings
that, `except the Lord build the House, they labor in vain that build
it.' I firmly believe this; and I also believe that without His
concurring aid, we shall succeed in this political building no better
than the builders of Babel. We shall be divided by our little partial
local interests; our projects will be confounded, and we, ourselves,
shall become a reproach and a byword down to future age. And what is
worse, mankind may hereafter this unfortunate instance despair of
establishing governments by human wisdom and leave it to chance, war,
and conquest.
``I therefore beg leave to move that, henceforth, prayers imploring
the assistance of Heaven and its blessings on our deliberations be held
in this assembly every morning before we proceed to business, and that
one or more of the clergy of this city be requested to officiate in
that service.''
His motion was seconded, and then Ben Franklin's motion was adopted
unanimously. And from that day to this day, we do not begin Congress in
this body without a prayer to begin.
Now, for those who say Ben Franklin obviously was a deist who didn't
believe, believed a God or creator created
[[Page 32541]]
things but never intervened, his own words seem to defy that. He begged
and implored Congress to begin with prayer every day because, as he
said, ``Our prayers, sir, were heard, and they were graciously
answered.''
So, Mr. Speaker, also, here again, in the spirit of bipartisanship,
in the spirit, for me, of Christmas that has been so historically
observed in this Nation, we want to just go through and make sure
people understand our heritage.
Now, the great thing about our Constitution, it does allow for
freedom of religion and a freedom not to worship at all. That is
because they're based on the teachings of Christ and his willingness to
allow all men to make their own decisions for themselves, knowing, as
he did, that one day, all people will meet their maker. But let's go
back to the person that found the New World, as it was called. This was
Christopher Columbus.
You don't find many history books which have these kinds of quotes in
it. This is Christopher Columbus in his own hand, in his own journal.
He said: ``It was the Lord who put it into my mind (I could feel His
hand upon me) the fact that it would be possible to sail from here to
the Indies. All who heard of my project rejected it with laughter,
ridiculing me. There is no question that the inspiration was from the
Holy Spirit, because He comforted me with the rays of marvelous
inspiration from the Holy Scriptures.''
Now there are those today who say the real lesson of Columbus is that
it's amazing what you can do, even when you don't know where you're
going, you don't know where you are when you get there, so long as you
get the government to pay for it. But I would submit that there was a
creator, a creator as Christopher Columbus believed, who put this into
his mind to sail west and discover this area so that the greatest
nation in the history of mankind could arise.
Now if you go to the Pilgrims who came across, originally from the
Netherlands to England and to America by way of stopping in England,
this was 1620. Part of the Pilgrims' compact, these are their words,
``In the name of God, Amen . . . Having undertaken for the glory of
God, and advancement of the Christian faith, and the honor of our king
and country, a voyage to plant the first colony in the northern parts
of Virginia, do by these presents, solemnly and mutually in the
presence of God and one another, covenant and combine ourselves
together in a civil body politick.'' That was the Pilgrims on the
Mayflower, November 11, 1620.
I have had people I have met from Harvard University who are not
familiar with their history and the fact that Harvard University,
September 26, 1642, this was part of their code. It was part of their
handbook.
Harvard University: ``Let every student be plainly instructed, and
earnestly pressed to consider well, the main end of his life and
studies is to know God and Jesus Christ, which is eternal life, John
17:3; and therefore to lay Christ in the bottom, as the only foundation
of all sound knowledge and learning. And seeing the Lord only giveth
the wisdom, Let every one seriously set himself by prayer in secret to
seek it of him, Proverbs 2:3.'' That's Harvard University at its
founding back around the year 1642.
In George Washington's own personal prayer book, which he read from
daily, this is one of the entries in that prayer book that was in
Washington's possession when he passed away: ``O most glorious God and
Jesus Christ, I acknowledge and confess my faults in the weak and
imperfect performance of the duties of this day. I called on Thee for
pardon and forgiveness of sins, but so coldly and carelessly that my
prayers are come my sin and stand in need of pardon. I have heard Thy
holy word, but with such deadness of spirit that I have been an
unprofitable and forgetful hearer . . . Let me live according to those
holy rules which Thou hast this day, according to those holy rules
which Thou hast this day prescribed in Thy holy word . . . Direct me to
the true object, Jesus Christ, the way, the truth and life. Bless, O
Lord, all the people of this land.'' That's George Washington's prayer
book.
Here is a quote from Thomas Jefferson, as we know, who wrote
basically the Declaration of Independence at the urging of John Adams,
and it was Jefferson who was the third President after John Adams.
Jefferson in 1782--and for those who visit Washington, this is
inscribed inside the Jefferson Memorial.
Jefferson said: ``Can the liberties of a nation be thought secure
when we have removed their only firm basis, a conviction in the minds
of people that their liberties are the gift of God?''
Jedidiah Morse, who is called the father of the American geography,
also father of Samuel Morse--folks who know history know who that is.
On April 25, 1799, Jedidiah Morse said: ``Whenever the pillars of
Christianity shall be overthrown, our present republican forms of
government, and all the blessings which flow from them, must fall with
them.''
James Madison, the fourth President, March 4, 1815, in his
Thanksgiving Day proclamation said: ``No people ought to feel greater
obligations to celebrate the goodness of the Great Disposer of events
and of the destiny of nations than the people of the United States. His
kind providence originally conducted them to one of the best portions
of the dwelling place allotted for the great family of the human race.
He protected and cherished them under all the difficulties and trials
to which they were exposed in their early days. Under His fostering
care, their habits, their sentiments, and their pursuits prepared them
for a transition in due time to a state of independence and self-
government.''
{time} 2130
Then John Quincy Adams, who was the son of John Adams, John Quincy
Adams was the sixth President. Some think he may have been the smartest
President, but there's no way to know. He was a brilliant man, the
youngest diplomat ever appointed in America when he was 11 years of
age. He knew all the Founders. His father, John Adams, allowed him to
accompany him to so many events and things. He knew the Founders. He
knew the founding.
And John Quincy Adams in 1821 on July 4 said, ``The highest glory of
the American Revolution was this, it connected in one indissoluble bond
the principles of the civil government with the principles of
Christianity, wherefrom the day of the Declaration they, the American
people, were bound by the laws of God which they all, and by the laws
of the Gospel which they nearly all, acknowledged as the rules of their
conduct.''
Noah Webster, 1833, said: ``The moral principles and precepts
contained in the Scriptures ought to form the basis of all our civil
constitutions and laws. All the miseries and evils which men suffer
from, vice, crime, ambition, injustice, oppression, slavery and war,
proceed from their despising or neglecting the precepts contained in
the Bible.''
Alexis de Tocqueville, 1835, said: ``There is no country in the world
where the Christian religion retains a greater influence over the souls
of men than in America; and there can be no greater proof of its
utility and of its conformity to human nature than that its influence
is powerfully felt over the most enlightened and free Nation of the
Earth.''
Again, John Quincy Adams, he was defeated in 1828 for a second term
by Andrew Jackson. Then in 1830, he believed it was God's call for him
to run for Congress, run for the House of Representatives, after having
been President. He was elected and served for 17 years in the House of
Representatives, just down the hall in Statuary Hall. It was John
Quincy Adams who was retained to represent the Africans who were aboard
the Armistad in their case before the Supreme Court. Anthony Hopkins
did a wonderful job of portraying John Quincy Adams in the movie
``Armistad.'' I think in the movie his closing argument was around 10
to 12 minutes, whereas in real life it spilled into a third day.
John Quincy Adams, 1837, after he had been in the House 6 years, he
said, ``Is it not that the Declaration of Independence first organized
the social compact on the Foundation of the Redeemer's mission upon
Earth? That it
[[Page 32542]]
laid the cornerstone of human government upon the first precepts of
Christianity?''
And all of these people believed. People in America will be able to
worship the way they choose or do not choose because the Nation was
founded upon Christian precepts that allowed that freedom as no other
nation in the history of mankind.
Andrew Jackson, 1845, this was just a few weeks before his death, and
of course, people that know Jackson know that he was quite a rounder
and he had quite a life. But, again, as he was just a few weeks before
his death, he knew he was going to meet his Maker. Andrew Jackson said
these words: ``Sir, I am in the hands of a merciful God. I have full
confidence in His goodness and mercy. The Bible is true. I have tried
to conform to its spirit as near as possible. Upon that sacred volume I
rest my hope for eternal salvation, through the merits and blood of our
blessed Lord and Savior, Jesus Christ.'' That was Andrew Jackson just a
few weeks before his death, May 29, 1845.
Daniel Webster, considered the greatest orator probably of all times
in this country, served in the House, served in the Senate, thought
perhaps he might be President one day, but he urged a compromise which
cost him the election. Whether he was right or wrong, he believed if we
didn't have the Compromise of 1850 then the Nation was doomed, that
there would be a civil war in 1850 from which the Nation may not
survive.
So he did a very selfless thing and stood up and urged the Compromise
of 1850, knowing that he would lose his base. But he believed it was to
save the country. Daniel Webster said in 1852: ``If we and our
posterity shall be true to the Christian religion, if we and they shall
live always in the fear of God and shall respect His Commandments, we
may have the highest hopes of the future fortunes of our country. But
if we and our prosperity neglect religious instruction and authority,
violate the rules of eternal justice, trifle with the injunctions of
morality, and recklessly destroy the political Constitution which holds
us together, no man can tell how sudden a catastrophe may overwhelm us
that shall bury all our glory in profound obscurity.''
Daniel Webster, 1852.
Now the Senate Judiciary Committee in 1853 stated this as a
committee: ``We are a Christian people, not because the law demands it,
nor to gain exclusive benefits or to avoid legal disabilities, but from
choice and education; and in a land thus universally Christian what is
to be expected, what desired, but that we shall pay due regard to
Christianity?'' Senate Judiciary Committee, January 19, 1853.
Abraham Lincoln, our 16th President, February 11, 1861, said this:
``Unless the great God who assisted Washington shall be with me and aid
me, I must fail; but if the same Omniscient Mind and Mighty Arm that
directed and protected him shall guide and support me, I shall not
fail. Let us all pray that the God of our fathers may not forsake us
now.'' Abraham Lincoln, February 11, 1861.
We can skip over to the President's inaugural address, 1865, again,
Abraham Lincoln. He said: ``Both'' talking about both sides of the
Civil War, the North and the South. He said: ``Both read the same Bible
and pray to the same God, and each invokes His aid against the other.
The prayers of both could not be answered. That of neither has been
answered fully. The Almighty has His own purposes. `Woe unto the world
because of offenses; for if it must needs be that offenses come, but
woe to that man by whom the offense cometh.'''
Lincoln, in that same inaugural address, went on and said: ``If we
shall suppose that American slavery is one of those offenses which''--
and he knew it was an offense. He knew it to his soul that slavery was
an offense and that it would be difficult for God to ever bless America
as long as slavery existed. And Christian people in this country did
not treat their brothers and sisters as brothers and sisters. So
Lincoln goes on in that address. And you can feel the analysis that he
did as he went back and forth within himself trying to figure out how a
just and mighty God could allow this type of injustice.
So Lincoln goes on and he says: ``If we shall suppose that American
slavery is one of those offenses which, in the Providence of God, must
needs come, but which, having continued through His appointed time, He
now wills to remove, and that He gives to both North and South this
terrible war as the woe due to those by whom the offense came, shall we
discern therein any departure from those divine attributes which the
believers in a living God ascribe to Him?
``Fondly do we hope, fervently do we pray, that this mighty scourge
of war may speedily pass away. Yet, if God wills that it continue until
all the wealth piled by the bondsman's 250 years of unrequited toil
shall be sunk, and every drop of blood drawn with the lash shall be
paid by another drawn with the sword, as was said 3,000 years ago, so
it must still be said `the judgments of the Lord are true and righteous
altogether.'''
Lincoln went on: ``With malice toward none, with charity for all,
with firmness in the right as God gives us to see the right, let us
strive on to finish the work we are in, to bind up the Nation's wounds,
to care for him who shall have borne the battle and for his widow and
his orphan, to do all which may achieve and cherish a just and lasting
peace among ourselves and with all Nations.''
Abraham Lincoln, 1865.
Edward Everett, the Massachusetts Governor also served as U.S.
Secretary of State, U.S. Senator, he spoke immediately before Lincoln's
Gettysburg Address. He said this: ``All the distinctive features and
superiority of our Republican institutions''--and he wasn't talking
about the Republican Party, he was talking about the Nation. This is
considered a Republic. Senator Everett said the ``superiority of our
Republican institutions are derived from the teachings of Scripture.''
William Seward was a U.S. Senator, a Governor of New York, Secretary
of State under Lincoln. And it was interesting, Lincoln had such a
diverse cabinet. Many of them didn't like each other, didn't like him,
and yet he took all of that information together and made executive
decisions.
William Seward said: ``I know not how long a Republican Government
can flourish among a great people who have not the Bible. But this I do
know: that the existing government of this country never could have had
existence but for the Bible. And, further, I do in my conscience
believe that if at every decade of years a copy of the Bible could be
found in every family in the land, its Republican institutions should
be perpetuated.''
1862, Andrew Johnson, he was Vice President, and he said: ``Let us
look forward to the time when we can take the Flag of our country and
nail it below the cross, and there let it wave as it waved in the olden
times, and let us gather around it and inscribe for our motto, `Liberty
and Union, one and inseparable, now and forever,' and exclaim: Christ
first, our country next.''
U.S. Grant, the 18th President, 1876, said this: ``Hold fast to the
Bible as the sheet-anchor of your liberties; write its precepts in your
hearts and practice them in your lives. To the influence of this book
we are indebted for all the progress made in true civilization and to
this we must look as our guide in the future.''
Now, Mr. Speaker, in reading these quotes, I think it is important
for people to know I'm not trying to push my religion on anyone else.
But I think it is imperative that we at least know where the Founders
were, where the heart was of those who provided for this incredible
government, the incredible Nation we have that I believe is the
greatest in the history of mankind.
This was in the case of Church of the Holy Trinity v. the United
States, in the opinion, February 29, 1892. The Supreme Court said:
``Our laws and our institutions must necessarily be based upon and
embody the teachings of the Redeemer of mankind. It is impossible that
it should be otherwise and in this
[[Page 32543]]
sense and to this extent, our civilization and our institutions are
emphatically Christian. This is a religious people. This is
historically true. From the discovery of this continent to the present
hour, there is a single voice making this affirmation. We find
everywhere a clear recognition of the same truth. These and many other
matters which might be noticed at a volume of unofficial declarations
to the massive organic utterances that this is a Christian Nation.''
That was the Supreme Court in their opinion Church of the Holy Trinity
v. United States, 1892.
Theodore Roosevelt, 1917, our 26th President, said: ``In this actual
world, a churchless community, a community where men have abandoned and
scoffed at, or ignored their Christian duties, is a community on the
rapid downgrade.''
Warren G. Harding, our 29th President, 1920 said: ``It is my
conviction that the fundamental trouble with the people of the United
States is that they have gotten too far away from the Almighty God.''
Calvin Coolidge, our 30th President, 1923, said: ``The foundations of
our society and our government rest so much on the teachings of the
Bible that it would be difficult to support them if faith in these
teachings would cease to be practically universal in our country.''
{time} 2145
Franklin D. Roosevelt, October 6, 1935, said: We cannot read the
history of our rise and development as a Nation without reckoning with
the place the Bible has occupied in shaping the advances of the
Republic. Where we have been the truest and most consistent in obeying
its precepts we have attained the greatest measure of contentment and
prosperity. Again, Franklin Roosevelt, 1935.
1943, President Hoover, in a joint statement with former First Ladies
Mrs. Coolidge, Mrs. Roosevelt, Mrs. Taft, Mrs. Harrison and Mrs.
Cleveland, gave this statement: The whole inspiration for our
civilization springs from the teachings of Christ and the lessons of
the prophets. To read the Bible for these fundamentals is a necessity
of American life.
Harry Truman, our 33rd President, in 1952 said this: The basis of our
Bill of Rights comes from the teachings we get from Exodus and St.
Matthew, from Isaiah and St. Paul. I don't think we emphasize that
enough these days. If we don't have a proper fundamental moral
background, we will finally end up with a government which does not
believe in rights for anyone but the State. Profound. That was Harry
Truman, 1952.
Charles Malik, our ambassador to the United Nations from Lebanon and
the president of the U.N. General Assembly in 1958, made this statement
in 1958: Whoever tries to conceive the American word without taking
full account of the suffering and love and salvation of Christ is only
dreaming. I know how embarrassing this matter is to politicians,
bureaucrats, businessmen and cynics; but whatever these honored men
think, the irrefutable truth is that the soul of America is at its best
and highest, Christian. That was the U.N. ambassador and president of
the U.N. General Assembly in 1958.
Now, Ronald Reagan, our 40th President, 1984, said: The frustrating
thing is that those who are attacking religion claim they are doing it
in the name of tolerance, freedom, and open-mindedness. Question: Isn't
the real truth that they are intolerant of religion? They refuse to
tolerate its importance in our lives. Ronald Reagan, 1984.
Now, I point out these quotes from our history. I could read volumes
and volumes of quotes basically along the same lines, not trying to
push Christian religion on anyone, but just so that people understand
where we came from. It's incredible the amount of ignorance on the
basis of this Nation, the foundation of this Nation.
Let me go to some of our Founders directly. Sam Adams. He was called,
back at that time by those who knew and knew well, the ``Father of the
American Revolution.'' Samuel Adams was a signer of the Declaration of
Independence. In the will of Samuel Adams he says this: I . . .
recommend my soul to that Almighty Being who gave it, and my body I
commit to the dust, relying upon the merits of Jesus Christ for a
pardon of all my sins. That was the Father of the American Revolution,
Samuel Adams.
In a letter written by Charles Carroll to Charles Wharton, Charles
Carroll was a signer of the Declaration of Independence, one of the 56.
He said: On the mercy of my Redeemer I rely for salvation and on His
merits; not on the works I have done in obedience to His precepts.
William Cushing was the first Associate Justice appointed by George
Washington to the Supreme Court. William Cushing in his will said:
Sensible of my mortality, but being of sound mind, after recommending
my soul to Almighty God through the merits of my Redeemer and my body
to the Earth.
John Dickinson was also a signer of the Constitution. In his will he
said: Rendering thanks to my Creator for my existence and station among
His works, for my birth in a country enlightened by the Gospel and
enjoying freedom, and for all His other kindnesses, to Him I resign
myself, humbly confiding in His goodness and in His mercy through Jesus
Christ for the events of eternity. Again, John Dickinson, signer of the
Declaration of Independence.
John Hancock we know signed the Declaration larger than anyone else,
President of the Continental Congress in 1776 when the Declaration of
Independence was signed and made public. In his will he said: I, John
Hancock . . . being advanced in years and being of perfect mind and
memory--thanks be given to God--therefore calling to mind the mortality
of my body and knowing it is appointed for all men once to die (Hebrews
9:27), do make and ordain this my last will and testament . . .
Principally and first of all, I give and recommend my soul into the
hands of God that gave it, and my body I recommend to the Earth,
nothing doubting but at the general resurrection I shall receive the
same again by the mercy and power of God. Again, that was John Hancock.
Patrick Henry, the Governor of Virginia, a patriot, made that
stirring speech that I gave on the radio in fifth grade, made this
statement: This is all the inheritance I can give to my dear family--
this was in his will--the religion of Christ can give them one which
will make them rich indeed.
John Jay played such an important role in this Nation's founding and
negotiations of treaties. I believe he helped negotiate the Treaty of
Paris in 1783, and so many others, but he was also the first Chief
Justice of the U.S. Supreme Court. In his will, Chief Justice John Jay
said: Unto Him who is the author and giver of all good, I render
sincere and humble thanks for His manifold and unmerited blessings, and
especially for our redemption and salvation by His beloved son. He has
been pleased to bless me with excellent parents, with a virtuous wife,
and with worthy children. His protection has accompanied me through
many eventful years, faithfully employed in the service of my country;
His providence has not only conducted me to this tranquil situation,
but also given me abundant reason to be contented and thankful. Blessed
be His holy name. John Jay.
Daniel St. Thomas Jenifer was a signer of the Constitution. In his
will he said: In the name of God, Amen. I, Daniel St. Thomas Jenifer .
. . of disposing mind and memory, commend my soul to my blessed
Redeemer.
Henry Knox, Revolutionary War general, extremely important to the
success of the American Revolution, said in his will: First, I think it
proper to express my unshaken opinion of the immortality of my soul or
mind, and to dedicate and devote the same to the supreme head of the
universe--to that great and tremendous Jehovah--who created the
universal frame of nature, worlds, and systems in number infinite. To
this awfully sublime Being do I resign my spirit with unlimited
confidence of His mercy and protection.
John Langdon was a signer of the Constitution back in 1787. He also
said: In the name of God, Amen. I, John Langdon, considering the
uncertainty of life and that it is appointed unto all
[[Page 32544]]
men once to die--again, Hebrews 9:27--do make and ordain and publish
this my last will and testament.
John Morton, signer of the Declaration of Independence, said in his
will: With an awful reverence to the great Almighty God, Creator of all
mankind, I, John Morton, being sick and weak in body but sound of mind
and memory, thanks be given to Almighty God for the same, for all His
mercies and favors, and considering the certainty of death and the
uncertainty of the times thereof, do, for the settling of such temporal
estate as it hath pleased God to bless me with in this life.
There are so many others, just one after another, vesting these same
type things, signers of the Declaration of Independence, signers of the
Constitution.
Jonathan Trumbull said this in his will: Principally and first of
all, I bequeath my soul to God, the Creator and Giver thereof, and body
to the Earth, nothing doubting but that I shall receive the same again
at the General Resurrection through the power of Almighty God,
believing and hoping for eternal life through the merits of my dear
exalted Jesus Christ. That was Jonathan Trumble, who painted four of
the paintings that are out here in our Rotunda.
One of the things that has run throughout this Nation, you go back to
the Constitution, these were the Founders I've been quoting, those who
were able to come together and have a Declaration of Independence, who
sought, as Benjamin Franklin said, God's help in the revolution, and
who sought him in the difficult, trying times after the Articles of
Confederation were passed. And who they sought, as Benjamin Franklin
pointed out in those great words I read, 1787, when afterwards they
were finally able to come together with a constitution.
But as we know from our history, the Constitution was not afforded to
all people as it should have been. They said, as these Founders I've
read, that they were Christians, and yet as Christians they should have
recognized that we could not expect God to bless America while we were
treating our brothers and sisters by putting them in chains and
bondage.
Martin Luther King came along after the Civil War. Abraham Lincoln,
as I've read, made clear his beliefs in the Almighty and His grace and
mercy and justice, and that's why he pushed for an end of slavery. But
even still, it took Dr. Martin Luther King, Jr. and those who worked
with him to bring about civil rights and an abdication of the supreme
Constitution that we hold so dear to all people. It doesn't require
that everyone receive equal things; it requires equal opportunity.
I would remind my friends that Martin Luther King, Jr. was an
ordained Christian minister. He said in his letter from Birmingham
jail: But more basically, I am in Birmingham because injustice is here.
Just as the prophets of the 8th century B.C. left their villages and
carried their ``thus saith the Lord'' far beyond the boundaries of
their home towns, and just as the Apostle Paul left his village of
Tarsus and carried the Gospel of Jesus Christ to the four corners of
the Greco-Roman world, so I am compelled to carry the gospel of freedom
beyond my own home town. Like Paul, I must constantly respond to the
Macedonian call for aid. That was in 1963. Profound words, Martin
Luther King.
One of his quotes in 1963 from Birmingham jail: Whenever the early
Christians entered the town, the people in power became disturbed and
immediately sought to convict the Christians for being disturbers of
the peace and outside agitators. But the Christians pressed on, and in
the conviction that they were a colony of heaven called to obey God
rather than man, small in number, they were big in commitment. They
were too God-intoxicated to be astronomically intimidated. Powerful,
powerful words, Martin Luther King.
Well, I think it's worth noting also, we have an original copy of the
Treaty of Paris, 1783, located in the Department of State in a glass
case. I didn't realize how that started until I saw that copy there,
but it made sense once I saw it. In big bold letters at the top of the
Treaty of Paris--this is the one that was negotiated in Paris in 1783
after surrendering at Yorktown to get England to sign onto a treaty
indicating they would observe the United States' right to exist as an
independent Nation.
It starts out in big block bold letters, ``In the name of the most
holy and undivided Trinity.'' When I first saw that I thought, I wonder
why they would start like that. And then you realize, you're asking the
nation of England to sign a treaty and pledging not to ever attack or
fail to recognize its right to exist independently of England. What do
you get them to swear under that is so important and so manifest that
they would not dare go back on their word? Well, they decided at that
time it was to start with the words, In the name of the most holy and
undivided Trinity.
Those who are familiar with the War of 1812, 1814, we're up here on
Jenkins Hill, where the Capitol was built, and the British proceeded
across burning every public building, proceeded to the Capitol, set
fire down the hall in Statuary Hall, what was then the House of
Representatives, went down and set fire to the Senate Inn, and went to
the White House, set fire there. The White House was terribly damaged
inside.
{time} 2200
The Capitol, by all rights, with the intensity of the fire and with
the munitions that were spread to make the fire get more hot, should
have collapsed and fallen in on itself, but it didn't because a rain
came and put out the fire.
By the way, the next day, there was such a huge, straight-line wind.
Some thought it was tornadic, but most believed it was a straight-line
wind. It was so intense that it blew their canons off their mounts.
Some credit the wind with killing soldiers.
``As the British troops were preparing to leave, a conversation was
noted between the British admiral and a Washington lady regarding the
storm. The admiral exclaimed, `Great God, Madam! Is this the kind of
storm to which you are accustomed in this infernal country?'
``The lady answered, `No, sir. This is a special interposition of
Providence to drive our enemies from our city.''' The weather drove
them out. The American soldiers were not able to.
A little history about the White House nativity scene: It's Italian--
made in Naples around the time of the United States War for
Independence, the late 1700s. It has been on exhibit in the East Room
of the White House during the holiday season since 1967. In 1999, a new
tableau was made for the nativity scene. The design of the new display
was inspired by historical Neapolitan presepios, which is the Italian
term for ``Christ,'' from the Baroque period, which incorporated
architectural elements found in the 1700s.
That is a little bit about the nativity scene. There has been a lot
said about that recently.
As far as the history of the White House Christmas tree, in 1889, the
tradition of placing an indoor decorated tree in the White House began
on Christmas morning during the Presidency of Benjamin Harrison. It was
in 1895 that First Lady Frances Cleveland created a technology savvy
tree when she hung electric lights on the White House tree, which was
introduced into the White House in 1891.
There is just so much history with our Founding Fathers.
Franklin D. Roosevelt, December 24--obviously Christmas Eve--1934,
said, ``This is the second year that I have joined with you on this
happy occasion. Then, as now, with millions of others, we celebrate the
happy observance of Christmas.
``The year toward which we looked then with anticipation and hope has
passed,'' Roosevelt goes on. ``We have seen fulfilled many things that
a year ago were only hopes. Our human life thus goes on from
anticipation and hope to fulfillment. This year again, we are entitled
to new hopes and new anticipations.''
He goes on and he says, ``Just across the street is the house he
occupied 100 years ago, the house the people of the country have built
for their Presidents. From its windows, I see this monument
[[Page 32545]]
to this man of courage.'' He is talking about Washington. ``It is an
inspiration to me as it should be to all Americans.
``And so let us make the spirit of Christmas of 1934 that of courage
and unity. It is the way to greater happiness and well-being. That is,
I believe, an important part of what the Maker of Christmas would have
it mean.
``In this sense,'' Roosevelt says, ``the scriptures admonish us to be
strong and of good courage, to fear not, to dwell together in unity.''
He said, ``I wish you one and all, here and everywhere, a very, very
Merry Christmas.'' Franklin Roosevelt.
I have a number of other speeches that he gave on Christmas. Time
will not allow me to read all of those.
I will go to 1962, John F. Kennedy, when he said: ``Ladies and
gentlemen, Secretary Udall, members of the clergy: With the lighting of
this tree, which is an old ceremony in Washington and one which has
been among the most important responsibilities of a good many
Presidents of the United States, we initiate, in a formal way, the
Christmas season.
``We mark the festival of Christmas, which is the most sacred and
hopeful day in our civilization. For nearly 2,000 years, the message of
Christmas, the message of peace and goodwill towards all men, has been
the guiding star of our endeavors.
``This morning, I had a meeting at the White House, which included
some of our representatives from far countries in Africa and Asia. They
were returning to their posts for the Christmas holidays. Talking with
them afterwards, I was struck by the fact that, in the far-off
continents, Muslims, Hindus, Buddhists, as well as Christians, pause
from their labors on the 25th day of December to celebrate the birthday
of the Prince of Peace.
``There could be no more striking proof that Christmas is truly the
universal holiday of all men. It is the day when all of us dedicate our
thoughts to others, when all are reminded that mercy and compassion are
the enduring virtues, when all show by small deeds and large and by
acts that it is more blessed to give than to receive.''
He goes on to talk about the Christmas spirit.
As my time grows short here, I want to finish with a speech Ronald
Reagan gave, his Christmas message in 1988.
He said: ``The themes of Christmas and of coming home for the
holidays have long been intertwined in song and story. There is a
profound irony and lesson in this because Christmas celebrates the
coming of a Savior who was born without a home.
``There was no room at the inn for the Holy Family. Weary of travel,
a young Mary, close to childbirth, and her carpenter husband, Joseph,
found but the rude shelter of a stable. There was born the King of
Kings, the Prince of Peace--an event on which all history would turn.
``Jesus would again be without a home, and more than once--on the
flight to Egypt and during His public ministry when He said, `The foxes
have holes, and the birds of the air have nests, but the Son of man
hath nowhere to lay his head.'''
Ronald Reagan goes on. ``From His very infancy on, our Redeemer was
reminding us that, from then on, we would never lack a home in Him.
Like the shepherds to whom the angel of the Lord appeared on the first
Christmas Day, we could always say, `Let us now go even unto Bethlehem
and see this thing which is come to pass, which the Lord hath made
known unto us.'
``As we come home with gladness to family and friends this Christmas,
let us also remember our neighbors who cannot go home themselves. Our
compassion and concern this Christmas and all year long will mean much
to the hospitalized, the homeless, the convalescent, the orphaned--and
will surely lead us on our way to the joy and peace of Bethlehem and
the Christ Child who bids us come. For it is only in finding and living
the eternal meaning of the Nativity that we can be truly happy, truly
at peace, truly home.
``Merry Christmas, and God bless you.'' Ronald Reagan.
Mr. Speaker, with that wish from Reagan, I do now hereby move that we
adjourn.
____________________
BILLS AND JOINT RESOLUTIONS APPROVED BY THE PRESIDENT
The President notified the Clerk of the House that on the following
dates he had approved and signed bills and joint resolutions of the
following titles:
August 7, 2009:
H.R. 2245. An Act to authorize the President, in
conjunction with the 40th anniversary of the historic and
first lunar landing by humans in 1969, to award gold medals
on behalf of the United States Congress to Neil A. Armstrong,
the first human to walk on the moon; Edwin E. `Buzz' Aldrin,
Jr., the pilot of the lunar module and second person to walk
on the moon; Michael Collins, the pilot of their Apollo 11
mission's command module; and, the first American to orbit
the Earth, John Herschel Glenn, Jr.
H.R. 3114. An Act to authorize the Director of the United
States Patent and Trademark Office to use funds made
available under the Trademark Act of 1946 for patent
operations in order to avoid furloughs and reductions-in-
force, and for other purposes.
H.R. 3357. An Act to restore sums to the Highway Trust
Fund, and for other purposes.
H.R. 3435. An Act making supplemental appropriations for
fiscal year 2009 for the Consumer Assistance to Recycle and
Save Program.
August 12, 2009:
H.R. 838. An Act to provide for the conveyance of a parcel
of land held by the Bureau of Prisons of the Department of
Justice in Miami Dade County, Florida, to facilitate the
construction of a new educational facility that includes a
secure parking area for the Bureau of Prisons, and for other
purposes.
August 19, 2009:
H.J. Res. 44. A joint resolution recognizing the service,
sacrifice, honor, and professionalism of the Noncommissioned
Officers of the United States Army.
H.R. 774. An Act to designate the facility of the United
States Postal Service located at 46-02 21st Street in Long
Island City, New York, as the ``Geraldine Ferraro Post Office
Building''.
H.R. 987. An Act to designate the facility of the United
States Postal Service located at 601 8th Street in Freedom,
Pennsylvania, as the ``John Scott Challis, Jr. Post Office''.
H.R. 1271. An Act to designate the facility of the United
States Postal Service located at 2351 West Atlantic Boulevard
in Pompano Beach, Florida, as the ``Elijah Pat Larkins Post
Office Building''.
H.R. 1275. An Act to direct the exchange of certain land in
Grand, San Juan, and Uintah Counties, Utah, and for other
purposes.
H.R. 1397. An Act to designate the facility of the United
States Postal Service located at 41 Purdy Avenue in Rye, New
York, as the ``Caroline O'Day Post Office Building''.
H.R. 2090. An Act to designate the facility of the United
States Postal Service located at 431 State Street in
Ogdensburg, New York, as the ``Frederic Remington Post Office
Building''.
H.R. 2162. An Act to designate the facility of the United
States Postal Service located at 123 11th Avenue South in
Nampa, Idaho, as the ``Herbert A Littleton Postal Station''.
H.R. 2325. An Act to designate the facility of the United
States Postal Service located at 1300 Matamoros Street in
Laredo, Texas, as the ``Laredo Veterans Post Office''.
H.R. 2422. An Act to designate the facility of the United
States Postal Service located at 2300 Scenic Drive in
Georgetown, Texas, as the ``Kile G. West Post Office
Building''.
H.R. 2470. An Act to designate the facility of the United
States Postal Service located at 19190 Cochran Boulevard FRNT
in Port Charlotte, Florida, as the ``Lieutenant Commander Roy
H. Boehm Post Office Building''.
H.R. 2938. An Act to extend the deadline for commencement
of construction of a hydro-electric project.
September 18, 2009:
H.R. 3325. An Act to amend title XI of the Social Security
Act to reauthorize for 1 year the Work Incentives Planning
and Assistance program and the Protection and Advocacy for
Beneficiaries of Social Security program.
September 30, 2009:
H.R. 1243. An Act to provide for the award of a gold medal
on behalf of Congress to Arnold Palmer in recognition of his
service to the Nation in promoting excellence and good
sportsmanship in golf.
H.R. 3614. An Act to provide for an additional temporary
extension of programs under the Small Business Act and the
Small Business Investment Act of 1958, and for other
purposes.
October 1, 2009:
H.R. 2918. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 2010, and for
other purposes.
H.R. 3607. An Act to amend the Internal Revenue Code of
1986 to extend the funding and expenditure authority of the
Airport and Airway Trust Fund, to amend title 49, United
States Code, to extend authorizations for the airport
improvement program, and for other purposes.
[[Page 32546]]
October 9, 2009:
H.R. 2131. An Act to amend the Foreign Affairs Reform and
Restructuring Act of 1998 to reauthorize the United States
Advisory Commission on Public Diplomacy.
H.R. 3593. An Act to amend the United States International
Broadcasting Act of 1994 to extend by one year the operation
of Radio Free Asia, and for other purposes.
October 13, 2009:
H.R. 3663. An Act to amend title XVIII of the Social
Security Act to delay the date on which the accreditation
requirement under the Medicare Program applies to suppliers
of durable medical equipment that are pharmacies.
October 19, 2009:
H.R. 1687. An Act to designate the federally occupied
building located at McKinley Avenue and Third Street, SW.,
Canton, Ohio, as the ``Ralph Regula Federal Building and
United States Courthouse''.
H.R. 2053. An Act to designate the United States courthouse
located at 525 Magoffin Avenue in El Paso, Texas, as the
``Albert Armendariz, Sr., United States Courthouse''.
H.R. 2121. An Act to authorize the Administrator of General
Services to convey a parcel of real property in Galveston,
Texas, to the Galveston Historical Foundation.
H.R. 2498. An Act to designate the Federal building located
at 844 North Rush Street in Chicago, Illinois, as the
``William O. Lipinski Federal Building''.
H.R. 2913. An Act to designate the United States courthouse
located at 301 Simonton Street in Key West, Florida, as the
``Sidney M. Aronovitz United States Courthouse''.
October 21, 2009:
H.R. 2997. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2010, and for other purposes.
October 22, 2009:
H.R. 1016. An Act to amend title 38, United States Code, to
provide advance appropriations authority for certain accounts
of the Department of Veterans Affairs, and for other
purposes.
October 28, 2009:
H.R. 2647. An Act to authorize appropriations for fiscal
year 2010 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes.
H.R. 2892. An Act making appropriations for the Department
of Homeland Security for the fiscal year ending September 30,
2010, and for other purposes.
H.R. 3183. An Act making appropriations for energy and
water development and related agencies for the fiscal year
ending September 30, 2010, and for other purposes.
October 29, 2009:
H.R. 621. An Act to require the Secretary of the Treasury
to mint coins in commemoration of the centennial of the
establishment of the Girl Scouts of the United States of
America.
October 30, 2009:
H.R. 2996. An Act making appropriations for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2010, and for other
purposes.
November 6, 2009:
H.J. Res. 26. A joint resolution proclaiming Casimir
Pulaski to be an honorary citizen of the United States
posthumously.
H.R. 1209. An Act to require the Secretary of the Treasury
to mint coins in recognition and celebration of the
establishment of the Medal of Honor in 1861, America's
highest award for valor in action against an enemy force
which can be bestowed upon an individual serving in the Armed
Services of the United States, to honor the American military
men and women who have been recipients of the Medal of Honor,
and to promote awareness of what the Medal of Honor
represents and how ordinary Americans, through courage,
sacrifice, selfless service and patriotism, can challenge
fate and change the course of history.
H.R. 3548. An Act to amend the Supplemental Appropriations
Act, 2008 to provide for the temporary availability of
certain additional emergency unemployment compensation, and
for other purposes.
H.R. 3606. An Act to amend the Truth in Lending Act to make
a technical correction to an amendment made by the Credit
CARD Act of 2009.
November 30, 2009:
H.R. 955. An Act to designate the facility of the United
States Postal Service located at 10355 Northeast Valley Road
in Rollingbay, Washington, as the ``John `Bud' Hawk Post
Office''.
H.R. 1516. An Act to designate the facility of the United
States Postal Service located at 37926 Church Street in Dade
City, Florida, as the ``Sergeant Marcus Mathes Post Office''.
H.R. 1713. An Act to name the South Central Agricultural
Research Laboratory of the Department of Agriculture in Lane,
Oklahoma, and the facility of the United States Postal
Service located at 310 North Perry Street in Bennington,
Oklahoma, in honor of former Congressman Wesley `Wes'
Watkins.
H.R. 2004. An Act to designate the facility of the United
States Postal Service located at 4282 Beach Street in Akron,
Michigan, as the ``Akron Veterans Memorial Post Office''.
H.R. 2215. An Act to designate the facility of the United
States Postal Service located at 140 Merriman Road in Garden
City, Michigan, as the ``John J. Shivnen Post Office
Building''.
H.R. 2760. An Act to designate the facility of the United
States Postal Service located at 1615 North Wilcox Avenue in
Los Angeles, California, as the ``Johnny Grant Hollywood Post
Office Building''.
H.R. 2972. An Act to designate the facility of the United
States Postal Service located at 115 West Edward Street in
Erath, Louisiana, as the ``Conrad DeRouen, Jr. Post Office''.
H.R. 3119. An Act to designate the facility of the United
States Postal Service located at 867 Stockton Street in San
Francisco, California, as the ``Lim Poon Lee Post Office''.
H.R. 3386. An Act to designate the facility of the United
States Postal Service located at 1165 2nd Avenue in Des
Moines, Iowa, as the ``Iraq and Afghanistan Veterans Memorial
Post Office''.
H.R. 3547. An Act to designate the facility of the United
States Postal Service located at 936 South 250 East in Provo,
Utah, as the ``Rex E. Lee Post Office Building''.
December 15, 2009:
H.R. 4218. An Act to amend titles II and XVI of the Social
Security Act to prohibit retroactive payments to individuals
during periods for which such individuals are prisoners,
fugitive felons, or probation or parole violators.
December 16, 2009:
H.R. 3288. An Act making appropriations for the Departments
of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2010, and for other purposes
H.R. 4217. An Act to amend the Internal Revenue Code of
1986 to extend the funding and expenditure authority of the
Airport and Airway Trust Fund, to amend title 49, United
States Code, to extend authorizations for the airport
improvement program, and for other purposes.
____________________
SENATE BILLS AND JOINT RESOLUTIONS APPROVED BY THE PRESIDENT
The President notified the Clerk of the House that on the following
dates he had approved and signed bills and joint resolutions of the
Senate of the following titles:
July 31, 2009:
S. 1513. An Act to provide for an additional temporary
extension of programs under the Small Business Act and the
Small Business Investment Act of 1958, and for other
purposes.
August 12, 2009:
S. 1107. An Act to amend title 28, United States Code, to
provide for a limited 6-month period for Federal judges to
opt into the Judicial Survivors' Annuities System and begin
contributing toward an annuity for their spouse and dependent
children upon their death, and for other purposes.
August 19, 2009:
S.J. Res. 19. A joint resolution granting the consent and
approval of Congress to amendments made by the State of
Maryland, the Commonwealth of Virginia, and the District of
Columbia to the Washington Metropolitan Area Transit
Regulation Compact.
September 18, 2009:
S.J. Res. 9. A joint resolution providing for the
appointment of France A. Cordova as a citizen regent of the
Board of Regents of the Smithsonian Institution.
September 30, 2009:
S. 1677. An Act to reauthorize the Defense Production Act
of 1950, and for other purposes.
October 15, 2009:
S. 1707. An Act to authorize appropriations for fiscal year
2010 through 2014 to promote and enhanced strategic
partnership with Pakistan and its people, and for other
purposes.
October 19, 2009:
S. 1289. An Act to improve title 18 of the United States
Code.
October 26, 2009:
S. 1717. An Act to authorize major medical facility leases
for the Department of Veterans Affairs for fiscal year 2010,
and for other purposes.
October 30, 2009:
S. 1793. An Act to amend title XXVI of the Public Health
Service Act to revise and extend the program for providing
life-saving care for those with HIV/AIDS.
S. 1929. An Act to provide for an additional temporary
extension of programs under the Small Business Act and the
Small Business Investment Act of 1958, and for other
purposes.
November 3, 2009:
S. 1818. An Act to amend the Morris K. Udall Scholarship
and Excellence in National Environmental and Native American
Public Policy Act of 1992 to honor the legacy of Stewart L.
Udall, and for other purposes.
November 6, 2009:
S. 832. An Act to amend title 36, United States Code, to
grant a Federal charter to the Military Officers Association
of America, and for other purposes.
[[Page 32547]]
S. 1694. An Act to allow the funding for the interoperable
emergency communications grant program established under the
Digital Television Transition and Public Safety Act of 2005
to remain available until expended through fiscal year 2012,
and for other purposes.
November 11, 2009:
S. 475. An Act to amend the Servicemembers Civil Relief Act
to guarantee the equity of spouses of military personnel with
regard to matters of residency, and for other purposes.
S. 509. An Act to to authorize a major medical facility
project at the Department of Veterans Affairs Medical Center,
Walla Walla, Washington, and for other purposes.
November 30, 2009:
S. 748. An Act to redesignate the facility of the United
States Postal Service located at 2777 Logan Avenue in San
Diego, California, as the ``Cesar E. Chavez Post Office''.
S. 1211. An Act to designate the facility of the United
States Postal Service located at 60 School Street, Orchard
Park, New York, as the ``Jack F. Kemp Post Office Building''.
S. 1314. An Act to designate the facility of the United
States Postal Service located at 630 Northeast Killingsworth
Avenue in Portland, Oregon, as the ``Dr. Martin Luther King,
Jr. Post Office''.
S. 1825. An Act to extend the authority for relocation
expenses test programs for Federal employees, and for other
purposes.
December 14, 2009:
S. 1599. An Act to amend title 38, United States Code, to
include in the Federal charter of the Reserve Officers
Association leadership positions newly added in its
constitution and bylaws.
S. 1860. An Act to permit each current member of the Board
of Directors of the Office of Compliance to serve for 3
terms.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Radanovich (at the request of Mr. Boehner) for today on account
of a family illness.
Mr. Young of Florida (at the request of Mr. Boehner) for today after
1:30 p.m. on account of attending a family funeral.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mr. Tonko) to revise and
extend their remarks and include extraneous material:)
Mr. Conyers, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Mr. Polis, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Mr. Holt, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Grayson, for 5 minutes, today.
Mr. Spratt, for 5 minutes, today.
(The following Members (at the request of Ms. Foxx) to revise and
extend their remarks and include extraneous material:)
Mr. Cassidy, for 5 minutes, today.
Mr. McCotter, for 5 minutes, today.
Mr. Royce, for 5 minutes, today.
(The following Member (at her request) to revise and extend her
remarks and include extraneous material:)
Ms. Jackson-Lee of Texas, for 5 minutes, today.
____________________
SENATE ENROLLED BILL SIGNED
The Speaker announced her signature to an enrolled bill of the Senate
of the following title:
S. 1472. An act to establish a section within the Criminal
Division of the Department of Justice to enforce human rights
laws, to make technical and conforming amendments to criminal
and immigration laws pertaining to human rights violations,
and for other purposes.
____________________
BILL PRESENTED TO THE PRESIDENT
Lorraine C. Miller, Clerk of the House reports that on December 16,
2009 she presented to the President of the United States, for his
approval, the following bill.
H.J. Res. 62. Appointing the day for the convening of the
second session of the One Hundred Eleventh Congress.
____________________
ADJOURNMENT
Mr. GOHMERT. Mr. Speaker, pursuant to section 11(b) of House
Resolution 976, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 10 o'clock and 8 minutes
p.m.), pursuant to section 11(b) of House Resolution 976, the House
adjourned until Saturday, December 19, 2009, at 6 p.m., unless the
conditions specified in section 11(c) of that resolution are met, in
which case the House shall stand adjourned pursuant to House Concurrent
Resolution 223.
____________________
EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL
Reports concerning the foreign currencies and U.S. dollars utilized
for Speaker-Authorized Official Travel during the third quarter and
fourth quarter of 2009 pursuant to Public Law 95-384 are as follows:
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO JORDAN, LEBANON, PAKISTAN, AFGHANISTAN, AND NORWAY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 9 AND NOV. 16, 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hon. David Price....................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. David Dreier...................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. Lois Capps........................ 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. Keith Ellison..................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. Mazie Hirono...................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. Charles Boustany.................. 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
John Lis............................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Rachael Leman.......................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Asher Hildebrand....................... 11/10 11/11 Jordan................... ........... 369.00 ........... ........... ........... ........... ........... 369.00
Hon. David Price....................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. David Dreier...................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. Lois Capps........................ 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. Keith Ellison..................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. Mazie Hirono...................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. Charles Boustany.................. 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
John Lis............................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Rachael Leman.......................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Asher Hildebrand....................... 11/11 11/14 Pakistan................. ........... 1,053.00 ........... ........... ........... ........... ........... 1,053.00
Hon. David Price....................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. David Dreier...................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. Lois Capps........................ 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. Keith Ellison..................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. Mazie Hirono...................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. Charles Boustany.................. 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
John Lis............................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Rachael Leman.......................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Asher Hildebrand....................... 11/14 11/15 Afghanistan.............. ........... 78.00 ........... ........... ........... ........... ........... 78.00
Hon. David Price....................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
[[Page 32548]]
Hon. David Dreider..................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Hon. Lois Capps........................ 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Hon. Keith Ellison..................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Hon. Mazie Hirono...................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Hon. Charles Boustany.................. 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
John Lis............................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Rachael Leman.......................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
Asher Hildebrand....................... 11/15 11/16 Norway................... ........... 453.00 ........... ........... ........... ........... ........... 453.00
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... ........... ........... ........... ........... ........... ........... ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
HON. DAVID E. PRICE, Chairman.
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, KAREN WAYLAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 2 AND NOV. 8, 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Karen Wayland.......................... 11/2 11/8 Spain.................... ........... 1,248.00 ........... 5,972.20 ........... 698.52 ........... 7,918.72
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... 1,248.00 ........... 5,972.20 ........... 698.52 ........... 7,918.72
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
KAREN WAYLAND, Dec. 8, 2009.
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Daniel McGlinchey...................... 7/16 7/29 Haiti.................... ........... 723.00 ........... 1,327.83 ........... ........... ........... ...........
Hon. Andre Carson...................... 8/4 8/5 Kuwait................... ........... 109.00 ........... (\3\) ........... ........... ........... ...........
8/5 8/5 Iraq..................... ........... ........... ........... (\3\) ........... ........... ........... ...........
8/5 8/7 United Arab Emirates..... 270.00 ........... ........... (\3\) ........... ........... ........... ...........
8/7 8/9 Germany.................. ........... 253.00 ........... (\3\) ........... ........... ........... ...........
Hon. Ruben Hinojosa.................... 8/17 8/19 South Korea.............. ........... 798.88 ........... (\3\) ........... ........... ........... ...........
8/19 8/20 China.................... ........... 291.31 ........... (\3\) ........... ........... ........... ...........
8/20 8/22 Taiwan................... ........... 661.26 ........... (\3\) ........... ........... ........... ...........
8/22 8/24 Hong Kong................ ........... 1,055.10 ........... (\3\) ........... ........... ........... ...........
Hon. Greg Meeks........................ 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
Hon. Mel Watt.......................... 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
Stephane LeBouder...................... 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
Sanders Adu............................ 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
David Oxner............................ 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
Eric Thompson.......................... 8/27 8/30 Tunisia.................. ........... 723.00 ........... (\3\) ........... ........... ........... ...........
8/30 9/2 Rwanda................... ........... 640.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/3 Zimbabwe................. ........... 317.00 ........... (\3\) ........... ........... ........... ...........
9/3 9/4 Senegal.................. ........... 393.00 ........... (\3\) ........... ........... ........... ...........
Hon. Paul Kanjorski.................... 8/30 9/1 France................... ........... 1,388.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 523.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
Hon. Luis Gutierrez.................... 8/30 9/1 France................... ........... 1,388.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 523.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
Hon. Scott Garrett..................... 8/30 9/1 France................... ........... 1,313.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 523.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,245.00 ........... (\3\) ........... ........... ........... ...........
Todd Harper............................ 8/31 9/1 France................... ........... 694.00 ........... 560.10 ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 480.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
[[Page 32549]]
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES FOR TRAVEL AUTHORIZED BY THE SPEAKER, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN 7/1 AND 9/30, 2009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Kathleen Mellody....................... 8/30 9/1 France................... ........... 1,388.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 480.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
Karen Feather.......................... 8/30 9/1 France................... ........... 1,388.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 480.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
Cynthia Chetti......................... 8/30 9/1 France................... ........... 1,333.10 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 436.80 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,320.00 ........... (\3\) ........... ........... ........... ...........
Scott Eckel............................ 8/30 9/1 France................... ........... 1,298.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 480.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,170.00 ........... (\3\) ........... ........... ........... ...........
Amy Smith.............................. 8/30 9/1 France................... ........... 1,300.00 ........... (\3\) ........... ........... ........... ...........
9/1 9/2 Belgium.................. ........... 480.00 ........... (\3\) ........... ........... ........... ...........
9/2 9/7 United Kingdom........... ........... 2,217.00 ........... (\3\) ........... ........... ........... ...........
Hon. Gwen Moore........................ 8/16 8/17 Liberia.................. ........... 536.40 ........... (\3\) ........... ........... ........... ...........
8/17 8/19 Ghana.................... ........... 294.00 ........... (\3\) ........... ........... ........... ...........
8/19 8/23 South Africa............. ........... 1,806.07 ........... (\3\) ........... ........... ........... ...........
8/23 8/24 Morocco.................. ........... 341.00 ........... (\3\) ........... ........... ........... ...........
Hon. Alan Grayson...................... 6/27 6/29 Saudi Arabia............. ........... 206.00 ........... 10,186.34 ........... ........... ........... ...........
6/29 7/2 Pakistan................. ........... 243.00 ........... (\3\) ........... ........... ........... ...........
Dennis Shaul........................... 6/27 6/29 Saudi Arabia............. ........... 206.00 ........... 10,186.34 ........... ........... ........... ...........
6/29 7/2 Pakistan................. ........... 286.00 ........... (\3\) ........... ........... ........... ...........
Matt Stoller........................... 6/27 6/29 Saudi Arabia............. ........... 206.00 ........... 10,186.34 ........... ........... ........... ...........
6/29 7/02 Pakistan................. ........... 286.00 ........... (\3\) ........... ........... ........... ...........
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... ........... ........... ........... ........... ........... ........... ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
(\3\)Military air transportation.
Hon. BARNEY FRANK, Chairman, Dec. 7,
2009.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 2 of rule XXIV, executive communications were taken
from the Speaker's table and referred as follows:
5120. A letter from the Deputy Secretary, Department of
Defense, transmitting authorization of 12 officers to wear
the authorized insignia of the grade of major general,
pursuant to 10 U.S.C. 777; to the Committee on Armed
Services.
5121. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule --
Amendments to Rules For Nationally Recognized Statistical
Rating Organizations [Release No. 34-61050; File No. S7-04-
09] (RIN: 3235-AK14) received November 30, 2009, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Financial
Services.
5122. A letter from the Assistant General Counsel for
Legislation, Regulation and Energy Efficiency, Department of
Energy, transmitting the Department's ``Major'' final rule --
Loan Guarantees for Projects That Employ Innovative
Technologies (RIN: 1901-AB27) received December 9, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
5123. A letter from the Secretary, Department of Health and
Human Services, transmitting the annual financial report to
Congress required by the Medical Device User Fee and
Modernization Act of 2002 (MDUFMA), covering FY 2008; to the
Committee on Energy and Commerce.
5124. A letter from the Deputy Assistant Secretary for
Export Administration, Department of Commerce, transmitting
the Department's final rule -- Wassenaar Arrangement 2008
Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5
Parts I and II, 6, 7, 8, and 9 of the Commerce Control List,
Definitions, Reports [Docket No.: 0908041218-91220-01] (RIN:
0694 AE58) received December 2, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Foreign Affairs.
5125. A letter from the Secretary, Department of Veterans
Affairs, transmitting the Inspector General's semiannual
report to Congress for the reporting period April 1, 2009
through September 30, 2009, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Oversight and
Government Reform.
5126. A letter from the Secretary, Department of Education,
transmitting the fifty-ninth Semiannual Report to Congress on
Audit Follow-Up, covering the period April 1, 2009 through
September 30, 2009, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Oversight and
Government Reform.
5127. A letter from the Federal Co-Chair, Appalachian
Regional Commission, transmitting the Commission's semiannual
report from the office of the Inspector General for the
period April 1, 2009 through September 30, 2009, pursuant to
Section 5(b) of the Inspector General Act of 1978; to the
Committee on Oversight and Government Reform.
5128. A letter from the Chairman, Broadcasting Board of
Governors, transmitting the semiannual report on the
activities of the Office of Inspector General for the period
from April 1, 2009 to September 30, 2009, pursuant to 5
U.S.C. app. (Insp. Gen. Act), section 5(b); to the Committee
on Oversight and Government Reform.
5129. A letter from the Acting Chief Executive Officer,
Corporation for National and Community Service, transmitting
the Inspector General's semiannual report to Congress for the
reporting period April 1, 2009 through September 30, 2009; to
the Committee on Oversight and Government Reform.
5130. A letter from the Associate General Counsel for
General Law, Department of Homeland Security, transmitting a
report pursuant to the Federal Vacancies Reform Act of 1998;
to the Committee on Oversight and Government Reform.
5131. A letter from the Secretary, Department of Labor,
transmitting the Board's semiannual report from the office of
the Inspector General for the period April 1, 2009 through
September 30, 2009, pursuant to Section 5(b) of the Inspector
General Act of 1978; to the Committee on Oversight and
Government Reform.
5132. A letter from the Acting Director, Office of
Communications and Legislative Affairs, Equal Employment
Opportunity Commission, transmitting the Commission's Fiscal
Year 2009 Performance and Accountability Report; to the
Committee on Oversight and Government Reform.
5133. A letter from the Chairman, Federal Communications
Commission, transmitting Commission's Fiscal Year 2009 Agency
Financial Report; to the Committee on Oversight and
Government Reform.
5134. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Federal Acquisition Circular 2005-37;
Introduction [Docket: FAR 2009-0001, Sequence 8] received
October 16, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
5135. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2008-035; Registry of Disaster Response
Contractors [FAC 2005-37; FAR Case 2008-035; Item I; Docket
2009-0033, Sequence 1] (RIN: 9000-AL30) received October 16,
2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5136. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2007-008, Limiting Length of
Noncompetitive Contracts in ``Unusual and Compelling
Urgency'' Circumstances [FAC 2005-37; FAR Case 2007-008; Item
II; Docket 2007-0001, Sequence 14] (RIN: 9000-AK90) received
October 16, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
[[Page 32550]]
5137. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2008-026, GAO Access to Contractor
Employees [FAC 2005-37; FAR Case 2008-026; Item III; Docket
2009-0013, Sequence 1] (RIN: 9000-AL25) received October 16,
2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5138. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2008-034, Use of Commercial Services
Item Authority [FAC 2005-37; FAR Case 2008-034; Item IV;
Docket 2009-0035, Sequence 1] (RIN: 9000-AL44) received
October 16, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
5139. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2008-0031, Limitations on Pass-Through
Charges [FAC 2005-37; FAR Case 2008-031; Item V; Docket 2009-
0034, Sequence 1] (RIN: 9000-AL27) received October 16, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5140. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2008-008, Award Fee Language Revision
[FAC 2005-37; FAR Case 2008-008; Item VI; Docket 2009-0036,
Sequence 1](RIN: 9000-AL42) received October 16, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5141. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; FAR Case 2009-003, National Response Framework
[FAC 2005-37; FAR Case 2009-003; Item VII; Docket 2009-0037;
Sequence 1] (RIN: 9000-AL37) received October 16, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5142. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Technical Amendments [FAC 2005-37; Item VIII;
Docket 2009-0009; Sequence 5] received October 16, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
5143. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Federal Acquisition Circular 2005-37; Small
Entity Compliance Guide [Docket: FAR 2009-0002, Sequence 8]
received October 16, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Oversight and Government Reform.
5144. A letter from the Acting Deputy Director,
International Broadcasting Bureau, transmitting Federal
Information Security Management Act (FISMA) Report; to the
Committee on Oversight and Government Reform.
5145. A letter from the Director, Office of Government
Ethics, transmitting the Office's Performance Accountability
Report for Fiscal Year 2009; to the Committee on Oversight
and Government Reform.
5146. A letter from the General Counsel, Pension Benefit
Guaranty Corporation, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
5147. A letter from the Chairman, Postal Service,
transmitting the Semiannual Report of the Inspector General
on the Audit, Investigative, and Security Activities of the
Postal Service (SAR) for the period of April 1, 2009 through
September 30, 2009, pursuant to 5 U.S.C. app. (Insp. Gen.
Act), section 5(b); to the Committee on Oversight and
Government Reform.
5148. A letter from the Chairman, Railroad Retirement
Board, transmitting the Board's Office of Inspector General
Semiannual Report for the period April 1, 2009 through
September 30, 2009, pursuant to Public Law 95-452, section 5;
to the Committee on Oversight and Government Reform.
5149. A letter from the Board Memebers, Railroad Retirement
Board, transmitting the Board's Performance and
Accountability Report for Fiscal Year 2009, including the
Office of Inspector General's Auditor's Report; to the
Committee on Oversight and Government Reform.
5150. A letter from the Chief Human Capital Officer, Small
Business Adminsitration, transmitting a report pursuant to
the Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
5151. A letter from the Secretary, Department of the
Interior, transmitting notification that the Department
intends to accept a donation of two contiguous tracts of land
totaling 79.97 acres within Lassen Volcanic National Park,
pursuant to 16 U.S.C. 1135(a); to the Committee on Natural
Resources.
5152. A letter from the Acting Director, Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Halibut in the Gulf of Alaska [Docket No.:
09100091344-9056-02] (RIN: 0648-XS89) received December 1,
2009; to the Committee on Natural Resources.
5153. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Snapper-Grouper Fishery off the Southern Atlantic
States; Amendment 15B; Reef Fish Fishery of the Gulf of
Mexico [Docket No.: 080226312-91249-03] (RIN: 0648-AW12)
received December 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
5154. A letter from the Acting Director, Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Magnuson-Stevens Act Provisions; Fisheries off West Coast
States; Pacific Coast Groundfish Fishery; Biennial
Specifications and Management Measures; Inseason Adjustments
[Docket No.: 0809121213-9221-02] (RIN: 0648-AY30) received
December 2, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
5155. A letter from the Acting Assistant Administrator for
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Modification
to the Gulf of Maine/Georges Bank Herring Midwater Trawl Gear
Letter of Authorization [Docket No.: 0907281181-91369-02]
(RIN: 0648-AX93) received December 1, 2009, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
5156. A letter from the Acting Assistant Administrator For
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska,
Groundfish Observer Program; Correction [Docket No.:
090601946-91010-01] (RIN: 0648-AX94) received October 28,
2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
5157. A letter from the Program Analyst, Department of
Tranportation, transmitting the Department's final rule --
Airworthiness Directives; Airbus Model A318-111, -112, A319,
A320, and A321 Series Airplanes [Docket No.: FAA-2008-1215;
Directorate Identifier 2008-NM-072-AD; Amendment 39-16077; AD
2009-23-05] (RIN: 2120-AA64) November 24, 2009, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5158. A letter from the Program Analyst, Department of
Transporation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 767 Airplanes [Docket
No.: FAA-2007-28281; Directorate Identifier 2006-NM-238-AD;
Amendment 39-16076; AD 2009-23-04] (RIN: 2120-AA64) received
November 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5159. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A) Airplanes
[Docket No.: FAA-2009-0689; Directorate Identifier 2009-NM-
092-AD; Amendment 39-16081; AD 2009-23-09] (RIN: 2120-AA64)
November 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5160. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes [Docket No.: FAA-
2009-0310; Directorate Identifier 2009-NM-012-AD; Amendment
39-16073; AD 2009-23-02] (RIN: 2120-AA64) November 24, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5161. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Hawker Beechcraft Corporation (Type
Certificate previously held by Raytheon Aircraft Company)
Models 1900, 1900C, and 1900D Airplanes [Docket No.: FAA-
2009-0165; Directorate Identifier 2008-CE-055-AD; Amendment
39-16075; AD 2009-23-03] (RIN: 2120-AA64) November 24, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5162. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A.
Model PIAGGIO P-180 Airplanes [Docket No.: FAA-2009-0699;
Directorate Identifier 2009-CE-042-AD; Amendment 39-16047; AD
2009-21-08] (RIN: 2120-AA64) November 24, 200 9, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5163. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Saab AB, Saab Aerosystems Model
SAAB 340A (SAAB/SF340A) SAAB 340B Airplanes [Docket No.: FAA-
2009-0134; Directorate Identifier 2008-NM-162-AD; Amendment
39-16079; AD 2009-23-07] (RIN: 2120-AA64) November 24, 2009,
pursuant to 5 U.S.C.
[[Page 32551]]
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5164. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
[Docket No.: FAA-2009-0557; Directorate Identifier 2009-CE-
031-AD; Amendment 39-16086; AD 2009-23-12] (RIN: 2120-AA64)
November 24, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5165. A letter from the Assistant Secretary, Employment and
Training Administration, Department of Labor, transmitting
the Department's final rule -- ETA Explains Changes made to
TAA Program By Globalization Adjustment Assistance Act
received November 30, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5166. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- 2010 Limitations Adjusted As Provided in
Section 415(d), etc. [Notice 2009-94] received November 30,
2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
5167. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Agreements for Payment of Tax
Liabilities in Installments [TD 9473] (RIN: 1545-AU97)
received November 30, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5168. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Publication of the Tier 2 Tax Rates
received November 30, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5169. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Notice Requirements for Certain
Pension Plan Amendments Significantly Reducing the Rate of
Future Benefit Accrual [TD 9472] (RIN: 1545-BG48), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5170. A letter from the Chairman, Commmission on Civil
Rights, transmitting a report entitled ``Civil Rights and the
Mortgage Crisis''; jointly to the Committees on the Judiciary
and Financial Services.
5171. A letter from the Inspector General, Department of
Health and Human Services, transmitting a report entitled
``Review of Medicare Contractor Information Security Program
Evaluations for Fiscal Year 2006''; jointly to the Committees
on Ways and Means and Energy and Commerce.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Ms. PINGREE of Maine: Committee on Rules. House Resolution
976. Resolution providing for consideration of the Senate
amendment to the bill (H.R. 3326) making appropriations for
the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes; for consideration
of the joint resolution (H.J. Res. 64) making further
continuing appropriations for fiscal year 2010, and for other
purposes; for consideration of the bill (H.R. 4314) to permit
continued financing of Government operations; for
consideration of the Senate amendment to the bill (H.R. 2847)
making appropriations for the Departments of Commerce and
Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2010, and for other purposes;
(Rept. 111-380). Referred to the House Calendar.
Mr. WAXMAN. Committee on Energy and Commerce. H.R. 2190. A
bill to amend the Toxic Substance Control Act to phase out
the use of mercury in the manufacture of chlorine and caustic
soda, and for other purposes; with an amendment (Rept. 111-
381). Referred to the Committee of the Whole House on the
State of the Union.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. SCOTT of Virginia (for himself, Mr. Conyers, Mr.
Smith of Texas, Mr. Nadler of New York, Mr. Delahunt,
Mr. Coble, and Mr. Daniel E. Lungren of California):
H.R. 4326. A bill to provide appropriate protection to
attorney-client privileged communications and attorney work
product; to the Committee on the Judiciary.
By Mr. SCOTT of Virginia:
H.R. 4327. A bill to amend title 18, United States Code,
with respect to the good time credit toward service of
sentences of imprisonment; to the Committee on the Judiciary.
By Mr. SCOTT of Virginia (for himself, Mr. Conyers, and
Mr. Lewis of Georgia):
H.R. 4328. A bill to amend title 18, United States Code, to
award credit toward the service of a sentence to prisoners
who participate in designated educational, vocational,
treatment, assigned work, or other developmental programs,
and for other purposes; to the Committee on the Judiciary.
By Mr. WITTMAN:
H.R. 4329. A bill to require the Secretary of the Treasury
to mint coins in commemoration of President James Monroe, and
for other purposes; to the Committee on Financial Services.
By Mr. POLIS (for himself, Ms. Berkley, Mr. Cao, Ms.
DeGette, Mr. Ehlers, Mr. Himes, Mr. Hinojosa, Mr.
Holt, Mr. Klein of Florida, Ms. Kosmas, Mr. Murphy of
Connecticut, Mr. Patrick J. Murphy of Pennsylvania,
Ms. Norton, Mr. Paulsen, Mr. Perlmutter, and Mr.
Perriello):
H.R. 4330. A bill to provide high-quality public charter
school options for students by enabling such public charter
schools to expand and replicate; to the Committee on
Education and Labor.
By Mr. BACHUS (for himself, Mr. Gutierrez, and Mr.
Tiberi):
H.R. 4331. A bill to amend title 31, United States Code, to
establish the Office of Money Services Business Compliance
within the Department of the Treasury for the purpose of
assuring compliance with subchapter II of chapter 53 of such
title by money services businesses and such other duties as
the Secretary of the Treasury may delegate, and for other
purposes; to the Committee on Financial Services.
By Mr. McKEON:
H.R. 4332. A bill to provide to the Secretary of Interior a
mechanism to cancel contracts for the sale of materials CA-
20139 and CA-22901, and for other purposes; to the Committee
on Natural Resources, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FARR (for himself, Mr. Putnam, Ms. Richardson,
Mr. Blumenauer, Mr. Kagen, Mr. Michaud, Ms. Jackson-
Lee of Texas, Mr. Hinchey, Ms. Matsui, Ms. Wasserman
Schultz, Mr. Moran of Virginia, Mr. Costa, Mr.
Serrano, Mr. Courtney, Ms. Hirono, and Mrs. Capps):
H.R. 4333. A bill to amend the Richard B. Russell National
School Lunch Act to improve the health and well-being of
school children, and for other purposes; to the Committee on
Education and Labor, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BRIGHT (for himself and Mr. Ellsworth):
H.R. 4334. A bill to provide grants for the renovation,
modernization, and construction of law enforcement
facilities; to the Committee on the Judiciary.
By Mr. SCOTT of Virginia:
H.R. 4335. A bill to provide for the redress of prison
abuses, and for other purposes; to the Committee on the
Judiciary.
By Mr. DEAL of Georgia (for himself, Mr. Gingrey of
Georgia, Mr. Westmoreland, Mr. Linder, and Mr. Paul):
H.R. 4336. A bill to provide that pay for Members of
Congress be reduced following any fiscal year in which there
is a Federal deficit; to the Committee on House
Administration, and in addition to the Committee on Oversight
and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. RANGEL (for himself, Mr. Neal of Massachusetts,
Mr. Crowley, and Ms. Schwartz):
H.R. 4337. A bill to amend the Internal Revenue Code of
1986 to modify certain rules applicable to regulated
investment companies, and for other purposes; to the
Committee on Ways and Means.
By Mr. MELANCON:
H.R. 4338. A bill to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to provide adequate benefits for
public safety officers injured or killed in the line of duty,
and for other purposes; to the Committee on the Judiciary.
By Mr. SABLAN:
H.R. 4339. A bill to encourage students from the
Commonwealth of the Northern Mariana Islands to become
civically engaged through local and Federal government
fellowships; to the Committee on Natural Resources.
By Mr. DAVIS of Alabama:
H.R. 4340. A bill to require the Secretary of the Treasury
to establish a revolving loan fund program for certain
businesses to facilitate increased lending in the United
States; to the Committee on Financial Services.
By Mr. RYAN of Ohio (for himself, Mr. Kennedy, Mr.
Hinchey, and Mr. Israel):
H.R. 4341. A bill to amend the Federal Food, Drug, and
Cosmetic Act to require a warning on the label of any food
container that is composed, in whole or in part, of
[[Page 32552]]
bisphenol A or could release bisphenol A into food; to the
Committee on Energy and Commerce.
By Mr. McCOTTER (for himself and Mr. Bachus):
H.R. 4342. A bill to amend the Emergency Economic
Stabilization Act of 2008 to terminate the Secretary of the
Treasury's authority under the Troubled Asset Relief Program,
and for other purposes; to the Committee on Financial
Services.
By Mr. RUSH:
H.R. 4343. A bill to establish in the Department of
Commerce the Minority Business Development Program to provide
qualified minority businesses with technical assistance, loan
guarantees, and contracting opportunities, and for other
purposes; to the Committee on Financial Services, and in
addition to the Committee on Oversight and Government Reform,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. McCOTTER (for himself, Mr. Burton of Indiana,
and Mr. Tiberi):
H.R. 4344. A bill to prohibit the Environmental Protection
Agency from obligating any amounts for the regulation of
emissions of carbon dioxide; to the Committee on Energy and
Commerce.
By Mr. DAVIS of Alabama (for himself, Mr. Bright, Mr.
Rogers of Alabama, Mr. Griffith, Mr. Bonner, Mr.
Bachus, and Mr. Aderholt):
H.R. 4345. A bill to establish the Alabama Black Belt
National Heritage Area, and for other purposes; to the
Committee on Natural Resources.
By Mr. CONYERS (for himself, Mr. Daniel E. Lungren of
California, Ms. Jackson-Lee of Texas, and Mr.
Hastings of Florida):
H.R. 4346. A bill to establish a commission to commemorate
the ending of chattel slavery in the United States, and for
other purposes; to the Committee on the Judiciary.
By Mr. BOREN (for himself and Mr. Walz):
H.R. 4347. A bill to amend the Indian Self-Determination
and Education Assistance Act to provide further self-
governance by Indian tribes, and for other purposes; to the
Committee on Natural Resources.
By Mr. WITTMAN:
H.R. 4348. A bill to amend the Internal Revenue Code of
1986 to allow a credit against income tax for expenses
incurred in teleworking; to the Committee on Ways and Means.
By Mrs. NAPOLITANO (for herself, Mr. Baca, Mr. Becerra,
Ms. Berkley, Mr. Berman, Mr. Bilbray, Mrs. Bono Mack,
Mr. Calvert, Mr. Campbell, Mrs. Capps, Ms. Chu, Mr.
Costa, Mrs. Davis of California, Mr. Dreier, Mr.
Franks of Arizona, Mr. Gallegly, Mr. Garamendi, Mr.
Grijalva, Ms. Harman, Mr. Heller, Mr. Honda, Mr.
Hunter, Mr. Issa, Ms. Lee of California, Mr. Lewis of
California, Ms. Matsui, Mr. McCarthy of California,
Mr. McKeon, Mr. Gary G. Miller of California, Mr.
George Miller of California, Ms. Richardson, Ms.
Roybal-Allard, Mr. Royce, Ms. Linda T. Sanchez of
California, Ms. Loretta Sanchez of California, Mr.
Shadegg, Mr. Sherman, Mr. Schiff, Ms. Titus, Ms.
Waters, Ms. Watson, Mr. Waxman, Ms. Woolsey, and Mr.
Flake):
H.R. 4349. A bill to further allocate and expand the
availability of hydroelectric power generated at Hoover Dam,
and for other purposes; to the Committee on Natural
Resources.
By Mr. ISSA (for himself, Mr. Reyes, Mr. Skelton, Mr.
Hoekstra, Mr. McKeon, and Mr. Towns):
H.R. 4350. A bill to amend the Immigration and Nationality
Act to provide for nonimmigrant status for an alien who is
the parent or legal guardian of a United States citizen child
if the child was born abroad and is the child of a deceased
member of the Armed Forces of the United States; to the
Committee on the Judiciary.
By Mr. LIPINSKI (for himself, Ms. Edwards of Maryland,
Ms. Kaptur, Mr. Michaud, Mr. Massa, Mr. Costello, Mr.
Grijalva, Mr. Stark, Mr. Braley of Iowa, Mr. Hare,
Mr. Visclosky, Mr. Schauer, Ms. Shea-Porter, Mr.
Murphy of Connecticut, Mr. DeFazio, Ms. Sutton, Mr.
Kagen, and Ms. Linda T. Sanchez of California):
H.R. 4351. A bill to amend the Buy American Act to increase
the requirement for American-made content, to tighten the
waiver provisions, and for other purposes; to the Committee
on Oversight and Government Reform.
By Mr. McCARTHY of California:
H.R. 4352. A bill to amend the Federal Water Pollution
Control Act to authorize additional assistance for projects
to construct publicly owned treatment works that serve small
and disadvantaged communities, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. RUSH:
H.R. 4353. A bill to require the Federal Communications
Commission to authorize access by owners and operators of
certain wireless microphones to a geolocation database
maintained for the purpose of prohibiting the operation of
unlicensed TV band devices on protected frequencies, and for
other purposes; to the Committee on Energy and Commerce.
By Mrs. DAVIS of California (for herself and Mr.
Platts):
H.R. 4354. A bill to recruit, support, and prepare
principals to improve student academic achievement at high-
need schools; to the Committee on Education and Labor.
By Ms. JACKSON-LEE of Texas:
H.R. 4355. A bill to authorize the Secretary of Labor to
make grants to States, units of local government, and Indian
tribes to carry out employment training programs; to the
Committee on Education and Labor.
By Mr. ACKERMAN (for himself, Mr. LaTourette, Mr.
Grijalva, Mr. Israel, Mr. Castle, Ms. Shea-Porter,
Mr. Moore of Kansas, Mr. Nadler of New York, Ms.
Moore of Wisconsin, Ms. Eddie Bernice Johnson of
Texas, Ms. Sutton, Mr. Moran of Virginia, Mr. Shuler,
Mr. King of New York, Mr. Lewis of Georgia, Mr.
Sherman, Ms. Jackson-Lee of Texas, Mr. Hinchey, Mr.
Jackson of Illinois, Mr. Blumenauer, Mrs. Lowey, Ms.
Schakowsky, Mr. Kucinich, Mr. George Miller of
California, Mr. Michaud, Mr. Crowley, Mr. Gerlach,
Mr. Cummings, Mr. Markey of Massachusetts, Mr.
Inslee, Mr. Doyle, Mr. Serrano, and Ms. Lee of
California):
H.R. 4356. A bill to amend the Humane Methods of Slaughter
Act of 1958 to ensure the humane slaughter of nonambulatory
cattle, and for other purposes; to the Committee on
Agriculture.
By Mr. BACA (for himself and Mr. Gene Green of Texas):
H.R. 4357. A bill to use amounts repaid to the Treasury
under the Troubled Assets Relief Program for relief to
displaced and low-wage workers, and for other purposes; to
the Committee on Financial Services, and in addition to the
Committees on Education and Labor, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. BALDWIN:
H.R. 4358. A bill to amend the Child Care and Development
Block Grant Act of 1990 to improve access to high-quality
early learning and child care for low-income children and
working families, and for other purposes; to the Committee on
Education and Labor.
By Mr. BOOZMAN (for himself and Mr. Walz):
H.R. 4359. A bill to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to guarantee
housing loans for the construction energy efficient
dwellings, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. CAMPBELL (for himself, Mr. Rohrabacher, Mr.
Filner, Mr. McCarthy of California, Mr. Hunter, Mr.
Daniel E. Lungren of California, Mr. Radanovich, Mr.
Calvert, Mr. Waxman, Mrs. Davis of California, Mr.
Lewis of California, Mr. McKeon, Mr. McClintock, Ms.
Richardson, Mr. Gallegly, Ms. Watson, Mr. Dreier, Ms.
Zoe Lofgren of California, Ms. Linda T. Sanchez of
California, Ms. Speier, Mr. Sherman, Mr. Costa, Mr.
Issa, Mr. Nunes, Mrs. Bono Mack, Mr. Royce, Mr. Baca,
Ms. Loretta Sanchez of California, Mr. Berman, Ms.
Chu, Mr. McNerney, Mr. Herger, Mr. Schiff, Mr.
Cardoza, and Ms. Harman):
H.R. 4360. A bill to designate the Department of Veterans
Affairs blind rehabilitation center in Long Beach,
California, as the ``Major Charles R. Soltes, Jr., O.D.
Department of Veterans Affairs Blind Rehabilitation Center'';
to the Committee on Veterans' Affairs.
By Mr. CAMPBELL:
H.R. 4361. A bill to amend the Internal Revenue Code of
1986 to eliminate contribution limitations for retirement
plans and increase penalties attributable to such
contributions; to the Committee on Ways and Means.
By Mr. CAO:
H.R. 4362. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income remediation payments for
hazardous drywall; to the Committee on Ways and Means.
By Mrs. CAPPS:
H.R. 4363. A bill to establish a regulatory system and
research program for sustainable offshore aquaculture in the
United States exclusive economic zone, and for other
purposes; to the Committee on Natural Resources.
By Mr. COHEN:
H.R. 4364. A bill to protect first amendment rights of
petition and free speech by preventing States and the United
States from allowing meritless lawsuits arising from acts in
furtherance of those rights, commonly called ``SLAPPs'', and
for other purposes; to the Committee on the Judiciary.
By Mr. MARIO DIAZ-BALART of Florida:
H.R. 4365. A bill to limit the distribution of funds for
campaign-related work under the
[[Page 32553]]
American Recovery and Reinvestment Act of 2009, to reduce the
deficit, and for other purposes; to the Committee on
Oversight and Government Reform.
By Mr. DONNELLY of Indiana:
H.R. 4366. A bill to amend the Internal Revenue Code of
1986 to extend the deduction for qualified motor vehicle
taxes for motor homes; to the Committee on Ways and Means.
By Mr. ELLISON (for himself and Mr. DeFazio):
H.R. 4367. A bill to alter requirements relating to
recommendations for funding by the Federal Transit
Administration of fixed guideway projects, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ENGEL (for himself, Mr. Meeks of New York, Mr.
Honda, Mr. Sires, Mr. McGovern, and Ms. Lee of
California):
H.R. 4368. A bill to authorize the establishment of a
Social Investment and Economic Development for the Americas
Fund to reduce poverty, expand the middle class, and foster
increased economic opportunity in that region, and for other
purposes; to the Committee on Foreign Affairs.
By Mr. FRANK of Massachusetts (for himself, Mr.
Tierney, Mr. Jones, and Ms. Pingree of Maine):
H.R. 4369. A bill to allow the United States-Canada
Transboundary Resource Sharing Understanding to be considered
an international agreement for the purposes of section
304(e)(4) of the Magnuson-Stevens Fishery Conservation and
Management Act; to the Committee on Natural Resources.
By Mr. GONZALEZ (for himself and Ms. Norton):
H.R. 4370. A bill to require railroad carriers to prepare
and maintain a plan for notifying local emergency responders
before transporting hazardous materials through their
jurisdictions; to the Committee on Transportation and
Infrastructure.
By Mr. GONZALEZ (for himself, Mr. Ortiz, Mr. Boren, Mr.
Griffith, Mr. Thornberry, Mr. Meek of Florida, Mr.
Courtney, Mr. Garrett of New Jersey, Mr. Arcuri, Mr.
Carnahan, Mr. Hall of Texas, Mr. Ruppersberger, Mr.
Moran of Virginia, Mr. Scott of Georgia, Mr. Akin,
Mr. Pitts, Mr. Cuellar, Mr. Kagen, Mr. McIntyre, Mr.
Grayson, Mrs. McCarthy of New York, Mr. Bishop of
Georgia, Mr. Cummings, Mr. Massa, Mr. Bartlett, Mr.
Cohen, Mr. Peters, Mr. Berry, Mr. Himes, Ms.
McCollum, Mr. Bishop of New York, Mrs. Lowey, Mr.
Maffei, Mr. Clay, Mr. Murphy of New York, Mrs.
Christensen, Mr. Kratovil, Mr. Roe of Tennessee, Mr.
Wittman, Mr. Butterfield, Mr. Israel, Mr.
Luetkemeyer, Mr. Rush, Mr. Marchant, Mr. Hill, Ms.
Wasserman Schultz, Mr. Lincoln Diaz-Balart of
Florida, Ms. Norton, Mr. LoBiondo, Ms. Kosmas, Mr.
Dent, Mr. Faleomavaega, Mrs. Biggert, Mr. Adler of
New Jersey, Mr. Gerlach, and Mr. Paul):
H.R. 4371. A bill to amend title XVIII of the Social
Security Act to continue using 2009 Medicare practice expense
relative value units for certain cardiology services; to the
Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GRAVES (for himself and Mr. Cleaver):
H.R. 4372. A bill to direct the Secretary of Transportation
to establish a pilot program for evaluating technologies that
are likely to prevent adverse weather effects associated with
freezing temperatures on bridges, improve bridge safety,
extend the life of bridges, and promote energy efficiency on
bridges on the National Highway System; to the Committee on
Transportation and Infrastructure.
By Mr. HASTINGS of Florida (for himself, Mr. Meek of
Florida, Mr. Barrow, Ms. Jackson-Lee of Texas, Mr.
Stark, and Mrs. Napolitano):
H.R. 4373. A bill to amend title XVIII of the Social
Security Act to stabilize and modernize the provision of
partial hospitalization services under the Medicare Program,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Ms. HERSETH SANDLIN (for herself and Mr. Herger):
H.R. 4374. A bill to amend the Internal Revenue Code of
1986 to extend the credit for electricity produced from
biomass, to provide credit rate parity under such credit, and
to exclude certain unprocessed fuels from the cellulosic
biofuel producer credit; to the Committee on Ways and Means.
By Mr. HINCHEY (for himself, Mr. Inslee, Mr. Tierney,
Mr. DeFazio, Ms. Kaptur, and Mr. McDermott):
H.R. 4375. A bill to restore certain provisions of the
Banking Act of 1933, commonly referred to as the ``Glass-
Steagall Act'', and for other purposes; to the Committee on
Financial Services.
By Mr. ISRAEL (for himself, Mr. Frank of Massachusetts,
Ms. Baldwin, Mr. Polis of Colorado, Mr. Serrano, Mr.
Moran of Virginia, Mr. Hastings of Florida, Mr.
Grijalva, Mr. Towns, Mr. Ackerman, Mr. Weiner, Mr.
Gutierrez, Mr. Honda, Mr. Capuano, Ms. Speier, Mr.
Crowley, Ms. Pingree of Maine, Mr. Nadler of New
York, Ms. Watson, Mrs. Maloney, Mr. Quigley, Mr.
Sablan, Ms. Sutton, Mr. Sherman, Mrs. Capps, Ms.
Berkley, Ms. Linda T. Sanchez of California, Mr.
Peters, Ms. Zoe Lofgren of California, Mr. Waxman,
Ms. Lee of California, Ms. Wasserman Schultz, Mr.
Engel, Mr. Olver, Mr. Andrews, Mr. Hinchey, Mr.
Lujan, Mr. Kennedy, Mr. Wu, Ms. Clarke, Ms. Chu, Mr.
McGovern, Mr. Clay, Mr. Tonko, and Mr. Murphy of
Connecticut):
H.R. 4376. A bill to amend the Equal Credit Opportunity Act
to prohibit discrimination on account of sexual orientation
or gender identity when extending credit; to the Committee on
Financial Services.
By Ms. KAPTUR:
H.R. 4377. A bill to repeal certain provisions of the
Gramm-Leach-Bliley Act and revive the separation between
commercial banking and the securities business, in the manner
provided in the Banking Act of 1933, the so-called ``Glass-
Steagall Act'', and for other purposes; to the Committee on
Financial Services.
By Mr. KISSELL:
H.R. 4378. A bill to amend the Americans with Disabilities
Act to require that the same access to transportation and
public accommodations be afforded to certified trainers of
service animals as is afforded under such Act to individuals
with disabilities who use such service animals; to the
Committee on Transportation and Infrastructure, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LANGEVIN:
H.R. 4379. A bill to amend title 10, United States Code, to
require contractors and subcontractors working on military
construction projects to comply with licensing requirements
for employees working at the project location; to the
Committee on Armed Services.
By Mr. LEVIN (for himself and Mr. Brady of Texas):
H.R. 4380. A bill to amend the Harmonized Tariff Schedule
of the United States to modify temporarily certain rates of
duty, and for other purposes; to the Committee on Ways and
Means.
By Ms. ZOE LOFGREN of California (for herself and Mr.
George Miller of California):
H.R. 4381. A bill to reform the H-2B program, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MALONEY:
H.R. 4382. A bill to authorize the Secretary of Housing and
Urban Development to make grants to nonprofit community
organizations for the development of open space on
municipally owned vacant lots in urban areas; to the
Committee on Financial Services.
By Mr. MARSHALL (for himself, Mr. Ackerman, Mr. Arcuri,
Mr. Bishop of New York, Ms. Clarke, Mr. Crowley, Mr.
Engel, Mr. Hall of New York, Mr. Higgins, Mr.
Hinchey, Mr. Israel, Mr. King of New York, Mr. Lee of
New York, Mrs. Lowey, Mr. Maffei, Mr. Massa, Mrs.
McCarthy of New York, Mr. McMahon, Mrs. Maloney, Mr.
Meeks of New York, Mr. Murphy of New York, Mr. Nadler
of New York, Mr. Owens, Mr. Rangel, Mr. Serrano, Ms.
Slaughter, Mr. Tonko, Mr. Towns, Ms. Velazquez, and
Mr. Weiner):
H.R. 4383. A bill to amend the Public Health Service Act
and title XIX of the Social Security Act to provide for a
screening and treatment program for prostate cancer in the
same manner as is provided for breast and cervical cancer; to
the Committee on Energy and Commerce.
By Mr. MATHESON:
H.R. 4384. A bill to establish the Utah Navajo Trust Fund
Commission, and for other purposes; to the Committee on
Natural Resources.
By Mr. MEEK of Florida (for himself, Ms. Linda T.
Sanchez of California, and Mr. Carnahan):
H.R. 4385. A bill to authorize the issuance of United
States War Bonds to aid in funding of the operations in Iraq
and Afghanistan; to the Committee on Ways and Means.
By Mr. MICHAUD (for himself, Ms. Tsongas, Ms. Harman,
Mr. Ryan of Ohio, and Mrs. Davis of California):
H.R. 4386. A bill to amend title 10, United States Code, to
require emergency contraception to be available at all
military health
[[Page 32554]]
care treatment facilities; to the Committee on Armed
Services.
By Mr. MILLER of Florida:
H.R. 4387. A bill to designate the Federal building located
at 100 North Palafox Street in Pensacola, Florida, as the
``Winston E. Arnow Federal Building''; to the Committee on
Transportation and Infrastructure.
By Mr. MURPHY of New York (for himself and Mr. Carney):
H.R. 4388. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives for the donation of wild game
meat; to the Committee on Ways and Means.
By Mr. MURPHY of New York:
H.R. 4389. A bill to amend the Internal Revenue Code of
1986 to allow a credit against income tax to taxpayers using
energy derived from biomass to power domestic paper, pulp and
paperboard manufacturing process facilities; to the Committee
on Ways and Means.
By Mr. MURPHY of New York:
H.R. 4390. A bill to amend title XI of the Social Security
Act to provide for enhanced program and provider protections
under the Medicare, Medicaid, and Children's Health Insurance
programs; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PASCRELL:
H.R. 4391. A bill to amend the Internal Revenue Code of
1986 to exclude from an employee's gross income any employer-
provided supplemental instructional services assistance, and
for other purposes; to the Committee on Ways and Means.
By Mr. PAYNE (for himself, Ms. Watson, Mr. Fattah, Mr.
Rush, Mr. Lewis of Georgia, Ms. Clarke, Ms. Jackson-
Lee of Texas, Ms. Woolsey, Ms. Fudge, Mr. Jackson of
Illinois, Ms. Lee of California, and Mr. Bishop of
Georgia):
H.R. 4392. A bill to amend the Foreign Assistance Act of
1961 to provide assistance to expand, improve, support, and
promote higher education in the countries of sub-Saharan
Africa; to the Committee on Foreign Affairs.
By Mr. PETERS (for himself, Mr. Ehlers, Mr. Dingell,
Ms. DeLauro, Mr. Ryan of Ohio, Mr. McGovern, Mr.
Brady of Pennsylvania, Mr. Holden, Mr. Costello, Ms.
Kaptur, Mr. Wilson of Ohio, Mr. Stupak, Ms. Fudge,
Ms. Markey of Colorado, Ms. Corrine Brown of Florida,
Mr. Hare, Ms. Sutton, Mr. Schauer, Mr. Kildee, Mr.
Carney, Mr. Camp, Mr. Inslee, Mr. Luetkemeyer, Mr.
Dent, Mr. Miller of North Carolina, Mr. Fortenberry,
Mrs. Miller of Michigan, Mr. Gingrey of Georgia, Mr.
Rogers of Michigan, Mr. Courtney, Mr. Lipinski, Mr.
Reyes, Mr. Welch, Mr. Filner, Mr. Tonko, Mr. Simpson,
Mr. Carnahan, Mr. LaTourette, Ms. Kilpatrick of
Michigan, Mr. Tim Murphy of Pennsylvania, Mr. Platts,
and Mr. Minnick):
H.R. 4393. A bill to authorize the Secretary of Commerce to
reduce the matching requirement for participants in the
Hollings Manufacturing Extension Partnership Program; to the
Committee on Science and Technology.
By Ms. PINGREE of Maine:
H.R. 4394. A bill to provide for a phased ban on
decabrominated diphenylether and mixtures or products
containing that chemical, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committees on Foreign Affairs, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PLATTS:
H.R. 4395. A bill to revise the boundaries of the
Gettysburg National Military Park to include the Gettysburg
Train Station, and for other purposes; to the Committee on
Natural Resources.
By Mr. POMEROY:
H.R. 4396. A bill to amend the Clean Air Act to provide
that greenhouse gases are not subject to the Act, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. SABLAN:
H.R. 4397. A bill to clarify the transitional status of
certain aliens not provided for in subtitle A of title VII of
the Consolidated Natural Resources Act of 2008, and for other
purposes; to the Committee on Natural Resources, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SALAZAR (for himself, Ms. DeGette, Ms. Markey of
Colorado, Mr. Polis of Colorado, Mr. Perlmutter, Mr.
Lamborn, Mr. Coffman of Colorado, Mr. Minnick, Mr.
Lujan, Mrs. Kirkpatrick of Arizona, and Ms. Berkley):
H.R. 4398. A bill to address public safety risks in western
States by facilitating insect and disease infestation
treatment of National Forest System land and certain adjacent
land, to make permanent the good-neighbor authority for
Colorado and stewardship contracting authorities available to
the Forest Service, and for other purposes; to the Committee
on Agriculture, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SERRANO (for himself, Mr. Terry, Mr. Maffei, Mr.
Gonzalez, Mr. Carnahan, and Mr. Israel):
H.R. 4399. A bill to further the national deployment of
electric drive vehicles, to strengthen and enhance the
national power grid through the integration of such vehicles,
and for other purposes; to the Committee on Oversight and
Government Reform, and in addition to the Committees on
Energy and Commerce, Transportation and Infrastructure, and
Science and Technology, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SHULER (for himself, Mr. Melancon, Mrs. Emerson,
Mr. Paul, Ms. Foxx, Mr. Poe of Texas, Mr. Gonzalez,
Mr. Ryan of Ohio, Mr. Delahunt, Mr. Minnick, Mr.
Dingell, Mr. Quigley, Mr. Tanner, Mr. Smith of Texas,
Mr. Carney, Mr. Inglis, Ms. Jenkins, Mr. Coble, Mr.
Conaway, Mr. Hill, Ms. Bean, Mr. Childers, Mr. Costa,
and Mr. Harper):
H.R. 4400. A bill to authorize States to exempt certain
nonprofit housing organizations from the licensing
requirements of the S.A.F.E. Mortgage Licensing Act of 2008;
to the Committee on Financial Services.
By Mr. SMITH of Washington (for himself and Mr. Dicks):
H.R. 4401. A bill to amend the Act of August 9, 1955, to
modify a provision relating to leases involving certain
Indian tribes; to the Committee on Natural Resources.
By Mr. TONKO:
H.R. 4402. A bill to amend the Richard B. Russell National
School Lunch Act to improve access to nutritious meals for
young children in child care; to the Committee on Education
and Labor.
By Mr. WALZ (for himself, Mr. Bartlett, Mr. Buyer, and
Mr. Filner):
H.R. 4403. A bill to amend title 10, United States Code, to
authorize space-available travel on military aircraft for
unremarried surviving spouses of retired members of the
uniformed services and the unremarried surviving spouses of
veterans who died from a service-connected or compensable
disability, and for the dependents of such spouses; to the
Committee on Armed Services.
By Ms. WATERS (for herself, Ms. Ros-Lehtinen, Mrs.
Christensen, Mr. Kildee, and Ms. Bordallo):
H.R. 4404. A bill to amend the Public Health Service Act to
authorize grants to provide treatment for diabetes in
minority communities; to the Committee on Energy and
Commerce.
By Ms. WATERS (for herself, Mr. Frank of Massachusetts,
Mr. Bachus, Mrs. Maloney, Mrs. Biggert, Mr.
Gutierrez, Mr. Payne, Ms. Lee of California, Mr.
Cleaver, and Mr. Walden):
H.R. 4405. A bill to provide for greater responsibility in
lending and expanded cancellation of debts owed to the United
States and the international financial institutions by low-
income countries, and for other purposes; to the Committee on
Financial Services.
By Mr. WEINER:
H.R. 4406. A bill to render nationals of Israel eligible to
enter the United States as nonimmigrant traders and
investors; to the Committee on the Judiciary.
By Mr. YOUNG of Alaska:
H.R. 4407. A bill to establish a coordinated avalanche
protection program, and for other purposes; to the Committee
on Natural Resources, and in addition to the Committees on
Oversight and Government Reform, and Agriculture, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. HALVORSON:
H.J. Res. 65. A joint resolution disapproving the rule
submitted by the Federal Election Commission with respect to
travel on private aircraft for Federal candidates; to the
Committee on House Administration.
By Mr. MORAN of Kansas:
H.J. Res. 66. A joint resolution disapproving a rule
submitted by the Administrator of the Environmental
Protection Agency relating to endangerment and cause or
contribute findings for greenhouse gases under section 202(a)
of the Clean Air Act; to the Committee on Energy and
Commerce.
By Ms. PINGREE of Maine:
H. Con. Res. 223. Concurrent resolution providing for the
sine die adjournment of the first session of the One Hundred
Eleventh Congress; considered and agreed to.
By Mr. POSEY (for himself, Mr. Putnam, Mr. Lance, and
Mr. Paul):
[[Page 32555]]
H. Con. Res. 224. Concurrent resolution encouraging Federal
financial regulators to establish clear and consistent
guidelines for financial institutions seeking to grow or
expand; to the Committee on Financial Services.
By Mr. SCHIFF (for himself and Ms. Granger):
H. Con. Res. 225. Concurrent resolution supporting the
goals and ideals of observing the National Slavery and
Trafficking Prevention Month from January 1 through February
1 of each year to raise awareness of, and opposition to,
modern slavery; to the Committee on the Judiciary.
By Mr. POE of Texas (for himself, Mr. Burton of
Indiana, Mr. Capuano, Mr. Manzullo, Mr. Bilirakis,
Mr. Royce, Mr. Rohrabacher, Mr. Wilson of South
Carolina, Mr. Calvert, Mrs. Myrick, Mr. Smith of
Texas, Mr. Olson, Mrs. Lummis, Mr. Boozman, Mr.
Latta, Mr. Neugebauer, Mr. Lee of New York, Mr. Nye,
Mr. Jones, Mr. Coble, Mr. Hall of Texas, Ms. Fallin,
Mr. Sam Johnson of Texas, Ms. Granger, Mr. Brady of
Texas, Mr. King of Iowa, Mr. Culberson, Mr. Price of
Georgia, Mr. Carter, Mr. Conaway, Mr. McCaul, Mr.
Gohmert, Mr. Hensarling, Mr. Gingrey of Georgia, Mr.
Bartlett, Mr. Pitts, Mrs. Schmidt, Mrs. Blackburn,
Mr. Marchant, Mr. Shadegg, Mr. Posey, Mr. Akin, Mr.
Hunter, Mr. McCotter, Mr. Barton of Texas, and Mr.
Wittman):
H. Res. 977. A resolution honoring Navy SEALs Petty Officer
2nd Class Matthew McCabe, Petty Officer 2nd Class Jonathan
Keefe, and Petty Officer 1st Class Julio Huertas for their
heroic actions in the capture of Ahmed Hashim Abed, the
mastermind behind of one of the most notorious crimes against
Americans in Iraq; to the Committee on Armed Services.
By Mr. HOEKSTRA:
H. Res. 978. A resolution requesting the President to
transmit to the House of Representatives all documents in the
possession of the President relating to the inventory and
review of intelligence related to the shooting at Fort Hood,
Texas, described by the President in a memorandum dated
November 10, 2009; to the Committee on Intelligence
(Permanent Select).
By Mr. FATTAH:
H. Res. 979. A resolution expressing the sense of the House
of Representatives in support of the Common Core State
Standards Initiative; to the Committee on Education and
Labor.
By Mr. DENT (for himself, Mr. King of New York, Mr.
Bilirakis, Mr. Daniel E. Lungren of California, Mr.
Olson, Mrs. Miller of Michigan, and Mr. Austria):
H. Res. 980. A resolution of inquiry directing the
Secretary of Homeland Security to transmit to the House of
Representatives a copy of the Transportation Security
Administration's Aviation Security Screening Management
Standard Operating Procedures manual in effect on December 5,
2009, and any subsequent revisions of such manual in effect
prior to the adoption of this resolution; to the Committee on
Homeland Security.
By Mr. BERMAN (for himself, Ms. Ros-Lehtinen, Mr.
Levin, Mr. Bartlett, Ms. Kaptur, Mr. Gerlach, Mr.
Hastings of Florida, and Mr. Wexler):
H. Res. 981. A resolution supporting continued political
and economic development in Ukraine; to the Committee on
Foreign Affairs.
By Ms. ROS-LEHTINEN (for herself and Mr. Shimkus):
H. Res. 982. A resolution expressing the sense of the House
of Representatives that France and other member states of the
North Atlantic Treaty Organization and the European Union
should decline to sell major weapons systems or offensive
military equipment to the Russian Federation; to the
Committee on Foreign Affairs.
By Mr. BURGESS:
H. Res. 983. A resolution requesting the President, and
directing the Secretary of Health and Human Services, to
transmit to the House of Representatives copies of documents,
records, and communications in their possession relating to
certain agreements regarding health care reform; to the
Committee on Energy and Commerce.
By Mr. McCARTHY of California (for himself, Mr. McKeon,
Mr. Dicks, Mrs. Capps, Mr. Miller of Florida, Mr.
Courtney, Mr. Scott of Virginia, Mr. Kirk, and Mr.
Capuano):
H. Res. 984. A resolution recognizing the importance and
contributions of the official United States naval history
museums; to the Committee on Armed Services.
By Mr. BOOZMAN:
H. Res. 985. A resolution of inquiry directing the
Administrator of the Environmental Protection Agency to
transmit to the House of Representatives all information in
the possession of the Administrator relating to nutrient
management of the Illinois River Watershed, Arkansas and
Oklahoma; to the Committee on Transportation and
Infrastructure.
By Mr. BRADY of Pennsylvania (for himself, Mr. Adler of
New Jersey, Mr. Fattah, Mr. Gerlach, Ms. Schwartz,
Mr. Kanjorski, Mr. Neal of Massachusetts, Mr.
Pierluisi, Mr. Welch, Mr. Doyle, Mr. Patrick J.
Murphy of Pennsylvania, Mr. Payne, and Ms. Linda T.
Sanchez of California):
H. Res. 986. A resolution supporting a national and
international celebration commemorating the 250th anniversary
of the United States of America's birth, to be held
throughout the year 2026, focused on the Greater Philadelphia
Region in the Commonwealth of Pennsylvania, the State of
Delaware, and the State of New Jersey; to the Committee on
Oversight and Government Reform.
By Mr. FRELINGHUYSEN:
H. Res. 987. A resolution recognizing the importance of
trade to the United States economy and the importance of
passing free trade agreements with Colombia, South Korea, and
Panama; to the Committee on Ways and Means.
By Mr. HUNTER (for himself, Mr. Culberson, Mr. Daniel
E. Lungren of California, Mr. McCotter, Mr. Chaffetz,
Mr. Price of Georgia, Mr. Luetkemeyer, Mr. Rooney,
Mr. Guthrie, Mr. LoBiondo, Mr. Hall of Texas, Mr.
Broun of Georgia, Mr. Scalise, Mr. Young of Florida,
Mr. Frelinghuysen, Mr. Simpson, Mr. Tiberi, Mr.
Jordan of Ohio, Mr. Shuster, Mr. Gingrey of Georgia,
Mr. Tim Murphy of Pennsylvania, Mr. Davis of
Kentucky, Mr. Nunes, Mr. Kingston, Mr. Lee of New
York, Mr. Sessions, Mr. Dreier, Mr. Bright, Mr. King
of Iowa, Mr. Akin, Mr. Coffman of Colorado, Mr.
Wittman, Mr. Latta, Mr. Bilbray, Mr. Burton of
Indiana, Mr. Calvert, Mr. Poe of Texas, Mr. Issa, Mr.
Cohen, and Mr. Nye):
H. Res. 988. A resolution recognizing the exemplarily
service, devotion to country, and selfless sacrifice of
Special Warfare Operators 2nd Class Matthew McCabe and
Jonathan Keefe and Special Warfare Operator 1st Class Julio
Huertas in capturing Ahmed Hashim Abed, one of the most-
wanted terrorists in Iraq, and pledging to continue to
support members of the United States Armed Forces serving in
harm's way; to the Committee on Armed Services.
By Mr. INSLEE (for himself, Mr. Markey of
Massachusetts, Ms. Bordallo, Mr. Baird, Mr. Thompson
of California, Mr. Langevin, Ms. Hirono, Mrs. Capps,
Mr. George Miller of California, Ms. Shea-Porter, Ms.
Woolsey, Mr. Honda, Mr. Wu, Ms. Speier, Mr. Delahunt,
Mr. Smith of Washington, Ms. McCollum, Mr. Farr, Mr.
Dicks, Mrs. Christensen, Mr. Adler of New Jersey, and
Mr. Holt):
H. Res. 989. A resolution expressing the sense of the House
of Representatives that the United States should adopt
national policies and pursue international agreements to
prevent ocean acidification, to study the impacts of ocean
acidification, and to address the effects of ocean
acidification on marine ecosystems and coastal economies; to
the Committee on Natural Resources.
By Ms. McCOLLUM (for herself, Mrs. Davis of California,
and Mr. Rogers of Michigan):
H. Res. 990. A resolution expressing support for
designation of January 2010 as ``National Mentoring Month'';
to the Committee on Education and Labor.
By Mr. PERRIELLO:
H. Res. 991. A resolution commending the University of
Virginia men's soccer team for winning the 2009 Division I
NCAA National Championship; to the Committee on Education and
Labor.
By Mr. POE of Texas (for himself and Mr. Rohrabacher):
H. Res. 992. A resolution expressing the sense of the House
that the Government of the Islamic Republic of Iran should
halt the widespread and brutal repression of the peaceful
reformist protestors, opposition supporters, human rights
defenders, students, and journalists following the disputed
Iranian presidential election of June 12, 2009; to the
Committee on Foreign Affairs.
By Mr. ROONEY:
H. Res. 993. A resolution recognizing the service,
professionalism, honor, and sacrifices of the Navy SEALs and
their contribution to the national security of the United
States, supporting the mission of the Navy SEALs, and
encouraging the people of the United States to learn the
history and mission of the Navy SEALs; to the Committee on
Armed Services.
By Mr. WOLF:
H. Res. 994. A resolution directing the Attorney General to
transmit to the House of Representatives all information in
the Attorney General's possession relating to the decision to
dismiss United States v. New Black Panther Party; to the
Committee on the Judiciary.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
[[Page 32556]]
H.R. 24: Mr. Sarbanes, Ms. Clarke, Mr. Perlmutter, Ms.
Herseth Sandlin, Mr. Becerra, Mr. Hinojosa, Mr. Weiner, Mr.
Towns, Mrs. McCarthy of New York, and Mr. Wilson of Ohio.
H.R. 43: Mr. Dent, Mrs. Kirkpatrick of Arizona, and Mr.
Capuano.
H.R. 208: Mr. Burgess.
H.R. 211: Mr. Cuellar and Mr. Gonzalez.
H.R. 235: Ms. Chu.
H.R. 268: Mr. Wilson of South Carolina, Mr. Jordan of Ohio,
Mr. Moran of Kansas, Mr. Boozman, and Mr. Gary G. Miller of
California.
H.R. 272: Mr. Burton of Indiana, Mr. Conaway, and Mr.
Spratt.
H.R. 391: Mrs. Biggert, Mr. Bilirakis, Mr. Bonner, Mr.
Boustany, Ms. Ginny Brown-Waite of Florida, Mr. Buchanan, Mr.
Camp, Mrs. Capito, Mr. Coble, Mr. Deal of Georgia, Mr.
Duncan, Mr. Forbes, Mr. Gallegly, Mr. Griffith, Mr. Guthrie,
Mr. Jones, Mr. King of New York, Mr. Kingston, Mr. Lewis of
California, Mr. Lucas, Mr. Mack, Mr. McCarthy of California,
Mr. Mica, Mrs. Miller of Michigan, Mr. Putnam, Mr. Rehberg,
Mr. Roskam, Mr. Royce, Mr. Smith of Texas, Mr. Stearns, Mr.
Turner, Mr. Walden, Mr. Whitfield, Mr. Campbell, Mrs.
Emerson, Mr. Fortenberry, Mr. Young of Florida, Mr. Tiberi,
Mr. Simpson, Mr. LaTourette, Mr. Petri, and Mrs. Schmidt.
H.R. 413: Ms. Roybal-Allard, Mr. Adler of New Jersey, and
Mr. Johnson of Georgia.
H.R. 450: Mr. Upton.
H.R. 503: Mr. Ortiz, Mr. Quigley, Ms. Velazquez, Mr. Hare,
Mr. Adler of New Jersey, Mr. Towns, and Mr. Inslee.
H.R. 510: Mr. Boswell and Mr. Broun of Georgia.
H.R. 558: Ms. Woolsey and Mr. Bright.
H.R. 616: Mr. Moore of Kansas.
H.R. 684: Mr. Welch.
H.R. 690: Mr. Alexander and Mrs. Biggert.
H.R. 734: Mr. Bilbray, Mrs. Halvorson, and Mr. Doggett.
H.R. 775: Mr. McDermott, Mr. Cao, and Mr. Pitts.
H.R. 847: Mr. Reichert.
H.R. 855: Mr. Davis of Alabama.
H.R. 864: Mr. Foster.
H.R. 886: Mr. Peterson and Mr. Moore of Kansas.
H.R. 932: Mr. Capuano, Mr. Kanjorski, Mr. Al Green of
Texas, and Mr. Gutierrez.
H.R. 948: Mr. Ellsworth.
H.R. 988: Mr. Tim Murphy of Pennsylvania, Mr. Bishop of
Georgia, Mr. Peterson, Mr. Bishop of Utah, Mr. Shimkus, and
Mr. Capuano.
H.R. 1006: Mr. Holden and Mr. Andrews.
H.R. 1020: Mr. Brady of Pennsylvania.
H.R. 1034: Ms. Foxx.
H.R. 1064: Ms. Herseth Sandlin.
H.R. 1067: Mr. Mollohan and Mr. Boren.
H.R. 1079: Mr. Grijalva and Mr. Connolly of Virginia.
H.R. 1132: Mr. Inglis, Mr. Manzullo, and Mr. Walden.
H.R. 1188: Mr. Himes.
H.R. 1194: Mr. Miller of Florida, Mr. Jackson of Illinois,
Mr. Wolf, Mr. Johnson of Illinois, Mr. Etheridge, Mr. Rogers
of Kentucky, and Mr. Quigley.
H.R. 1205: Mr. Wamp and Mr. Rogers of Kentucky.
H.R. 1230: Mrs. Bono Mack.
H.R. 1314: Mr. Abercrombie.
H.R. 1326: Mr. Engel, Ms. Linda T. Sanchez of California,
Mr. Quigley, Mr. Adler of New Jersey, Mr. Foster, and Ms.
Markey of Colorado.
H.R. 1351: Ms. Ros-Lehtinen and Mr. Michaud.
H.R. 1352: Mr. Hunter.
H.R. 1361: Ms. Woolsey and Ms. McCollum.
H.R. 1378: Mr. Braley of Iowa.
H.R. 1479: Ms. Zoe Lofgren of California and Mr. Quigley.
H.R. 1490: Mrs. Napolitano.
H.R. 1526: Mr. Kagen, Mr. Nadler of New York, Mr. Oberstar,
Mr. Posey, Mr. McNerney, Ms. Sutton, Mr. Hinchey, and Mr.
Markey of Massachusetts.
H.R. 1545: Mr. Nye.
H.R. 1549: Mr. Quigley, Mr. Capuano, Mr. Lewis of Georgia,
Ms. Wasserman Schultz, Mr. Towns, Ms. Harman, and Mr. Adler
of New Jersey.
H.R. 1551: Mr. Adler of New Jersey.
H.R. 1557: Mr. Heinrich.
H.R. 1585: Mr. Johnson of Illinois, Mr. Upton, and Mr.
Alexander.
H.R. 1588: Mr. Alexander.
H.R. 1693: Mr. Quigley.
H.R. 1740: Mr. Dent.
H.R. 1778: Mr. Lujan, Ms. Fudge, Mr. Kagen, Ms. Baldwin,
Ms. Hirono, Mr. Higgins, Mr. McGovern, and Mr. Sarbanes.
H.R. 1806: Mr. Ross, Ms. Linda T. Sanchez of California,
Mr. Sires, Mr. Butterfield, Mr. Johnson of Illinois, and Mr.
Snyder.
H.R. 1826: Mr. Owens and Ms. Chu.
H.R. 1829: Mrs. Blackburn and Mr. Capuano.
H.R. 1836: Mr. Mitchell.
H.R. 1844: Ms. DeLauro.
H.R. 1873: Mr. Connolly of Virginia.
H.R. 1884: Mr. Smith of New Jersey, Mr. Boozman, and Ms.
Speier.
H.R. 1924: Mr. Heinrich.
H.R. 1925: Ms. Pingree of Maine.
H.R. 1964: Ms. Slaughter, Mr. Al Green of Texas, and Mr.
Ellison.
H.R. 1972: Mr. Walz.
H.R. 1977: Mr. Moran of Virginia.
H.R. 1998: Mr. Sessions.
H.R. 2000: Mr. Peters and Ms. Eshoo.
H.R. 2001: Mr. Hodes.
H.R. 2006: Ms. DeLauro.
H.R. 2135: Ms. Woolsey, Mr. Bright, and Mrs. Biggert.
H.R. 2139: Mr. Kagen, Ms. Eshoo, Mr. Cleaver, and Mr.
Inslee.
H.R. 2142: Mr. Bright, Mr. Melancon, Mr. Arcuri, Mr. Tanner, Mr.
Kratovil, Mr. Ross, Mr. Thompson of California, and Mr. Scott of
Georgia.
H.R. 2149: Mr. Carney.
H.R. 2153: Mr. Young of Alaska.
H.R. 2156: Mr. Altmire.
H.R. 2159: Mr. Pascrell.
H.R. 2246: Ms. Matsui.
H.R. 2256: Ms. Speier.
H.R. 2275: Ms. Moore of Wisconsin, Mr. Meek of Florida, Ms.
Zoe Lofgren of California, Ms. Berkley, Mr. Souder, Mr.
Barrow, Mr. Cleaver, and Mrs. Myrick.
H.R. 2277: Mr. Rehberg.
H.R. 2296: Mrs. Myrick.
H.R. 2324: Mr. Price of North Carolina, Mr. Langevin, Mr.
King of New York, Mr. Blumenauer, Mr. Filner, and Ms. Roybal-
Allard.
H.R. 2377: Mrs. Biggert.
H.R. 2408: Mrs. Napolitano.
H.R. 2413: Ms. Schakowsky and Mr. Heinrich.
H.R. 2426: Mrs. Maloney.
H.R. 2446: Ms. Woolsey, Mr. Shuster, and Mr. Bright.
H.R. 2455: Mr. Smith of New Jersey.
H.R. 2460: Ms. Tsongas.
H.R. 2476: Mr. Polis of Colorado.
H.R. 2478: Mr. Wu.
H.R. 2480: Mr. Towns, Mr. Inslee, Mr. McDermott, Mr.
Capuano, Mr. Quigley, Mr. Adler of New Jersey, Mr. Cleaver,
Mr. Fattah, Ms. Kilroy, Mr. Foster, Mr. Markey of
Massachusetts, Mr. Schrader, and Mr. Perriello.
H.R. 2502: Mrs. Bono Mack.
H.R. 2531: Mr. Johnson of Georgia.
H.R. 2567: Mr. Polis of Colorado.
H.R. 2568: Ms. Norton.
H.R. 2570: Mr. Rush.
H.R. 2575: Mr. Gonzalez.
H.R. 2578: Mr. Davis of Illinois.
H.R. 2579: Ms. Woolsey and Ms. Roybal-Allard.
H.R. 2584: Mr. Maffei.
H.R. 2600: Mr. Murphy of New York, Mr. Perriello, and Mr.
Sires.
H.R. 2613: Mr. Filner.
H.R. 2624: Mrs. Biggert.
H.R. 2672: Mr. Poe of Texas.
H.R. 2697: Mr. Boozman.
H.R. 2698: Mr. Nye.
H.R. 2699: Mr. Hill and Mr. Nye.
H.R. 2710: Mr. Carnahan and Mr. Yarmuth.
H.R. 2730: Mrs. Biggert.
H.R. 2733: Mr. Moran of Kansas and Mr. Garrett of New
Jersey.
H.R. 2746: Mr. Patrick J. Murphy of Pennsylvania and Mr.
Schauer.
H.R. 2755: Ms. Woolsey.
H.R. 2766: Ms. Slaughter.
H.R. 2799: Mr. Meeks of New York.
H.R. 2807: Mr. LoBiondo.
H.R. 2842: Mr. Poe of Texas.
H.R. 2852: Mr. Arcuri.
H.R. 2855: Mr. Larsen of Washington.
H.R. 2866: Mr. Bartlett.
H.R. 2946: Mr. Al Green of Texas, Mr. Gene Green of Texas,
and Ms. Hirono.
H.R. 2999: Mr. Moore of Kansas.
H.R. 3012: Mr. Garamendi.
H.R. 3024: Ms. Wasserman Schultz and Mr. LaTourette.
H.R. 3043: Mrs. Maloney, Ms. Bordallo, and Ms. Moore of
Wisconsin.
H.R. 3077: Mr. Moore of Kansas.
H.R. 3149: Mr. Stark and Mr. Hinchey.
H.R. 3173: Ms. Baldwin, Mr. Conyers, Mr. Sensenbrenner, and
Mr. Ryan of Wisconsin.
H.R. 3202: Mr. Stark.
H.R. 3266: Mr. Israel and Mr. Massa.
H.R. 3339: Mr. Perlmutter, Mr. Kind, and Ms. Markey of
Colorado.
H.R. 3380: Ms. Schakowsky and.Mr. Jones.
H.R. 3401: Mr. Cummings, Ms. Hirono, Ms. Roybal-Allard, and
Ms. Velazquez.
H.R. 3413: Mr. Hodes.
H.R. 3460: Ms. Slaughter.
H.R. 3510: Mr. Blumenauer, Ms. Sutton, and Ms. Matsui.
H.R. 3519: Mr. Tiahrt and Mr. Griffith.
H.R. 3554: Ms. Kilpatrick of Michigan.
H.R. 3560: Ms. Woolsey.
H.R. 3564: Mr. Delahunt, Mr. Salazar, Mr. Becerra, Mr.
Cardoza, Mr. Gutierrez, Mrs. Napolitano, Mr. Ortiz, Mr.
Pastor of Arizona, Mr. Rodriguez, Mr. Sires, Mr. Farr, Ms.
Lee of California, Ms. Clarke, Ms. Velazquez, Mr. Ellison,
Mr. Reyes, Mr. Berman, Mrs. Capps, Ms. Chu, Mr. Honda, Ms.
Richardson, Ms. Loretta Sanchez of California, Mr. Schiff,
Ms. Waters, Ms. Watson, Mr. Waxman, Ms. Jackson-Lee of Texas,
Mr. Kucinich, Mr. Grayson, Ms. Corrine Brown of Florida, Mr.
Abercrombie, Mr. Capuano, Mr. Davis of Illinois, Mr. Hastings
of Florida, Mr. Fattah, Mr. Hinchey, Ms. Eddie Bernice
Johnson of Texas, Mrs. Maloney, Ms. Kaptur, Ms. Kilpatrick of
Michigan, Mr. Lewis of Georgia, Mr. McDermott, Mr. Pallone,
Mr. Payne, Mr. Olver, Mr. Rush, Ms. Schakowsky, Mr. Thompson
of Mississippi, and Ms. Matsui.
H.R. 3567: Mr. Higgins and Mr. Sires.
H.R. 3571: Mr. Manzullo.
H.R. 3578: Ms. Woolsey and Mr. Waxman.
[[Page 32557]]
H.R. 3586: Mr. Goodlatte.
H.R. 3589: Mrs. Myrick, Mr. Coble, Mrs. Maloney, and Mr.
Engel.
H.R. 3613: Mr. Luetkemeyer.
H.R. 3654: Mr. Grayson.
H.R. 3666: Mr. Terry.
H.R. 3668: Mrs. Miller of Michigan, Mr. Minnick, Mr.
Kennedy, Ms. Waters, Mr. Matheson, Mr. Delahunt, Mr. Kind,
Mr. Cummings, Mr. Lucas, and Mr. Ackerman.
H.R. 3705: Mr. Sablan, Mr. Farr, Mr. Meeks of New York, and
Mr. Polis of Colorado.
H.R. 3710: Ms. Moore of Wisconsin.
H.R. 3712: Mr. Ehlers.
H.R. 3752: Mr. Lee of New York.
H.R. 3790: Ms. Linda T. Sanchez of California, Mr. Baca,
Mr. Kildee, and Mrs. Bono Mack.
H.R. 3800: Mr. Yarmuth.
H.R. 3810: Mr. Mollohan.
H.R. 3836: Mr. Sarbanes.
H.R. 3838: Mr. Connolly of Virginia.
H.R. 3851: Mr. Frank of Massachusetts.
H.R. 3905: Mr. Fortenberry.
H.R. 3907: Mr. Polis of Colorado, Ms. Titus, Mr. Stark, Mr.
Wu, Mr. Gutierrez, Mr. Massa, Ms. Sutton, Mr. Lipinski, Mr.
Sestak, Mr. Conyers, and Ms. Zoe Lofgren of California.
H.R. 3922: Mr. Wittman.
H.R. 3936: Mr. Courtney and Mr. Payne.
H.R. 3943: Mr. Kissell, Mr. Langevin, Ms. Pingree of Maine,
Mr. Meek of Florida, Mr. Heinrich, Mr. Johnson of Georgia,
Mr. Sires, Mr. Murphy of Connecticut, Mr. Manzullo, Mr.
Payne, and Mr. Boren.
H.R. 3952: Mr. Nye.
H.R. 3953: Mr. Paul.
H.R. 3957: Ms. Pingree of Maine and Mr. Holt.
H.R. 3995: Mr. Chandler.
H.R. 4020: Mr. McKeon, Mr. Bishop of Utah, Mr. Chaffetz,
Mr. Rehberg, and Mrs. Lummis.
H.R. 4021: Mr. Moran of Virginia and Mr. Perriello.
H.R. 4036: Mr. Meeks of New York and Ms. Jackson-Lee of
Texas.
H.R. 4046: Mr. Lamborn.
H.R. 4070: Mr. Souder and Mr. Luetkemeyer.
H.R. 4088: Mr. Lee of New York and Mr. Radanovich.
H.R. 4089: Mr. Wilson of Ohio.
H.R. 4099: Mr. Maffei and Ms. Fudge.
H.R. 4102: Mr. McCotter.
H.R. 4115: Mr. Hodes and Mr. Sires.
H.R. 4116: Mr. Stark, Ms. Shea-Porter, Mr. Carson of
Indiana, Mrs. Christensen, and Mr. Johnson of Georgia.
H.R. 4123: Mr. Barrow, Mr. Abercrombie, Mr. Al Green of
Texas, and Mr. Cleaver.
H.R. 4127: Mr. Dent.
H.R. 4131: Mr. George Miller of California.
H.R. 4138: Mr. Schock and Mr. Lee of New York.
H.R. 4144: Mr. Mollohan.
H.R. 4149: Mr. Thompson of California, Mr. Inslee, and Mr.
Kind.
H.R. 4155: Mr. Inslee, Mr. Israel, Mrs. Bono Mack, Mr.
Welch, and Mr. Tonko.
H.R. 4168: Mrs. Bono Mack.
H.R. 4170: Mr. Sherman.
H.R. 4178: Ms. Jenkins.
H.R. 4186: Ms. Jenkins, Mr. Paul, Mr. Minnick, and Mr.
Moran of Kansas.
H.R. 4196: Mrs. Napolitano, Mr. Cardoza, Mrs. Capps, Mr.
Sires, and Ms. Roybal-Allard.
H.R. 4199: Mr. Peterson, Mr. Hare, and Mr. Etheridge.
H.R. 4202: Ms. Norton and Mr. Van Hollen.
H.R. 4220: Mr. Schock and Mr. Manzullo.
H.R. 4233: Mr. Lewis of California, Mr. Calvert, Mr.
McClintock, Mr. Gary G. Miller of California, Mr. Gallegly,
Mr. Deal of Georgia, Mr. Simpson, Mr. Hastings of Washington,
Mr. Reichert, and Mr. Wilson of South Carolina.
H.R. 4236: Mr. Kagen.
H.R. 4243: Mr. Paul, Mr. Conaway, and Mr. Meek of Florida.
H.R. 4244: Mr. Gene Green of Texas.
H.R. 4249: Mr. Shadegg.
H.R. 4255: Mr. Austria, Mr. Minnick, and Mrs. Biggert.
H.R. 4258: Mr. Gerlach.
H.R. 4262: Mr. Bilbray, Mr. Fortenberry, Mrs. Lummis, and
Mr. McCotter.
H.R. 4263: Ms. Sutton.
H.R. 4264: Mr. Stark.
H.R. 4267: Mr. Burgess.
H.R. 4268: Mr. Bishop of Georgia.
H.R. 4270: Mr. Olson.
H.R. 4277: Mr. Cassidy.
H.R. 4286: Ms. Norton.
H.R. 4290: Ms. Linda T. Sanchez of California, Mr. Capuano,
Mr. McGovern, Mr. Neal of Massachusetts, and Ms. Roybal-
Allard.
H.R. 4291: Mr. Hare, Ms. Norton, and Ms. Sutton.
H.R. 4295: Mr. Kagen.
H.R. 4296: Mr. Crowley, Mr. Jackson of Illinois, Ms.
Clarke, and Mr. Moore of Kansas.
H.R. 4298: Mr. Pascrell.
H.R. 4299: Mr. Clay and Mr. Alexander.
H.R. 4300: Ms. Fudge, Mr. Honda, Mr. Perriello, and Mr.
Moran of Virginia.
H.R. 4303: Mr. Meeks of New York.
H.R. 4312: Mrs. McMorris Rodgers, Mr. Cassidy, and Mrs.
Bachmann.
H.R. 4313: Mr. Kildee.
H.R. 4321: Mr. Wexler.
H.R. 4325: Mr. Ellison and Mr. McGovern.
H.J. Res. 42: Mr. Lee of New York.
H. Con. Res. 198: Ms. Schakowsky, Mr. Johnson of Georgia,
Ms. Slaughter, Mr. Chandler, and Mr. Yarmuth.
H. Con. Res. 200: Mr. Bilirakis and Mr. Culberson.
H. Con. Res. 205: Mr. Moore of Kansas.
H. Con. Res. 220: Mr. Nye, Mr. Wittman, and Mr. Murphy of
New York.
H. Con. Res. 222: Mr. Baca, Mr. Serrano, Mrs. Napolitano,
and Mr. Sablan.
H. Res. 191: Ms. Linda T. Sanchez of California.
H. Res. 278: Ms. Schakowsky.
H. Res. 416: Mr. Towns.
H. Res. 615: Mr. Calvert.
H. Res. 713: Mr. Pence, Mr. Kline of Minnesota, Mr.
Shimkus, Mr. Shadegg, Mrs. Blackburn, Mr. Gingrey of Georgia,
Ms. Schwartz, Mr. Heinrich, Mr. Honda, Mr. Sires, Mr. Posey,
Mr. Whitfield, Mr. Walden, Mr. Terry, Mr. Neugebauer, Mr.
Grijalva, Mr. Olson, Mr. Thornberry, Mr. Culberson, Mr.
Sablan, Mr. Barton of Texas, Mr. Bartlett, and Ms. Jenkins.
H. Res. 763: Mr. Hoekstra.
H. Res. 776: Mr. Michaud and Mr. Courtney.
H. Res. 812: Mr. Bachus.
H. Res. 864: Mr. Space.
H. Res. 887: Mr. Alexander.
H. Res. 898: Mr. Kennedy and Mr. Lee of New York.
H. Res. 904: Mr. McGovern, Mr. Filner, and Ms. Richardson.
H. Res. 911: Mr. Pence and Mr. Broun of Georgia.
H. Res. 923: Mr. Thornberry and Mr. Kline of Minnesota.
H. Res. 925: Mr. Smith of Washington and Mr. Roe of
Tennessee.
H. Res. 945: Mr. Tiahrt.
H. Res. 946: Mr. Olver.
H. Res. 947: Mr. Honda.
H. Res. 949: Mrs. Biggert and Mr. Wamp.
H. Res. 951: Mr. Turner.
H. Res. 954: Mr. Gerlach.
H. Res. 957: Mr. Boucher, Ms. Foxx, Mr. Shuler, Mr. Souder,
Mr. Posey, Mr. Roe of Tennessee, Mrs. McMorris Rodgers, Mr.
Jones, Mr. Boozman, Mr. Aderholt, Mr. LaTourette, Mr. Massa,
Mr. Paulsen, Mr. Radanovich, Mr. Burton of Indiana, Mr. Hill,
Ms. Jenkins, Ms. Granger, Mr. Gingrey of Georgia, Mr. Schock,
Mr. Butterfield, Mr. Tim Murphy of Pennsylvania, Mr. Bilbray,
Mr. Poe of Texas, Mr. Rogers of Michigan, Mr. McCotter, Mr.
Shimkus, Mr. Broun of Georgia, Mr. Spratt, Mrs. Capito, and
Mr. Mario Diaz-Balart of Florida.
H. Res. 958: Mr. Calvert.
H. Res. 959: Mr. King of Iowa, Mr. Culberson, Mr. Burton of
Indiana, Mr. Gingrey of Georgia, Mr. Bartlett, Mrs. Lummis,
Mr. Pitts, Mrs. Schmidt, Mr. Wamp, Mr. Hall of Texas, Mr.
Marchant, Mr. Shadegg, Mr. Posey, and Mr. Akin.
H. Res. 960: Mr. Walz, Ms. Jackson-Lee of Texas, and Ms.
Roybal-Allard.
H. Res. 966: Mr. Smith of Texas, Mr. Kingston, Mr. Shimkus,
Mr. Jordan of Ohio, Mr. Herger, Mr. Kline of Minnesota, and
Mr. Lamborn.
H. Res. 967: Mr. Carson of Indiana.
H. Res. 970: Mrs. Miller of Michigan.
H. Res. 975: Ms. Kilpatrick of Michigan.
____________________
DISCHARGE PETITIONS--ADDITIONS OR DELETIONS
The following Members added their names to the following discharge
petition:
Petition 5 by Mrs. BLACKBURN on H.R. 391: Randy Neugebauer,
Devin Nunes, Michael R. Turner, Charles W. Boustany, Jr.,
Lamar Smith, John L. Duncan, Jr., Joseph R. Pitts, Tom
McClintock, Ken Calvert, Jerry Lewis, Elton Gallegly, Judy
Biggert, Trent Franks, Kevin McCarthy, Candice S. Miller,
Walter B. Jones, Gus M. Bilirakis, Jo Ann Emerson, Thomas E.
Petri, Roy Blunt, John Fleming, and Don Young.
The following Member added his name to the following discharge
petition:
Petition 8 by Mr. NUNES on H.R. 3105: Roy Blunt.
[[Page 32558]]
EXTENSIONS OF REMARKS
____________________
SENATE COMMITTEE MEETINGS
Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference. This
title requires all such committees to notify the Office of the Senate
Daily Digest--designated by the Rules Committee--of the time, place,
and purpose of the meetings, when scheduled, and any cancellations or
changes in the meetings as they occur.
As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Thursday, December 17, 2009 may be found in
the Daily Digest of today's Record.