[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

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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]]

     
     


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[[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.

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      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.

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[[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.

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[[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.

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[[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.

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[[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]]

     
     

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[[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.

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[[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.

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[[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.

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[[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.

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[[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.

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[[Page 32299]]



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[[Page 32301]]



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[[Page 32305]]



[[Page 32306]]



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[[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]]





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[[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.

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                        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.

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[[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.

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[[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.