An En Bloc amendment consisting of all the amendments printed in Part B of House Report 111-233.

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010

The SPEAKER pro tempore. Pursuant to House Resolution 685 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 3326.

{time}  1031

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 3326) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes, with Mr. Blumenauer (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the committee of the whole rose on Wednesday,
July 29, 2009, all time for general debate had expired.
Pursuant to the rule, the bill is considered read for amendment under
the 5-minute rule and the bill shall be considered read through page
147, line 4.
The text of that portion of the bill is as follows:

H.R. 3326

Be it enacted by the Senate and House of Representatives of
the United States of America in

[[Page H9063]]

Congress assembled, That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 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, $39,901,547,000.

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, $25,095,581,000.

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,
$12,528,845,000.

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, $25,938,850,000.

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,
$4,308,513,000.

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, $1,918,111,000.

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, $610,580,000.

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,
$1,600,462,000.

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, $7,525,628,000.

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, $2,949,899,000.

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, $30,454,152,000.

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,
$34,885,932,000.

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, $5,557,510,000.

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, $33,785,349,000.

Operation and Maintenance, Defense-Wide

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, $27,929,377,000: 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 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.

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,$2,621,196,000.

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;

[[Page H9064]]

care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $1,280,001,000.

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, $228,925,000.

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, $3,079,228,000.

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), $6,353,627,000.

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, $5,888,741,000.

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, $415,864,000, 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 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, $277,700,000, 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,
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, $404,093,000, to remain
available until September 30, 2012.

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

[[Page H9065]]

other expenses necessary for the foregoing purposes,
$5,144,991,000, 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,
$1,358,609,000, 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, $2,681,952,000, 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,
$2,053,395,000, 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; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$9,293,801,000, 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, $18,325,481,000, 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,
$3,226,403,000, 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,
$794,886,000, 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;
DD(X), $1,073,161,000;
DDG-51 Destroyer, $1,912,267,000;
DDG-51 Destroyer (AP), $328,996,000;
Littoral Combat Ship, $2,160,000,000;
LPD-17, $872,392,000;
LPD-17 (AP), $184,555,000;
Intratheater Connector, $357,956,000;
LCAC Service Life Extension Program, $63,857,000;
Prior year shipbuilding costs, $454,586,000;
Service Craft, $3,694,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $386,903,000.
In all: $14,721,532,000, 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; 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,
$5,395,081,000, 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,
$1,563,743,000, 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,
$11,956,182,000, to remain available for obligation until
September 30, 2012; Provided, That no funds provided in this
Act for the procurement or modernization of C-17 aircraft may
be obligated until all C-17 contracts funded with prior year
``Aircraft Procurement, Air Force'' appropriated funds are
definitized.

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

[[Page H9066]]

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, $6,508,359,000, 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,
$809,941,000, 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; 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, $16,883,791,000, 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, $4,036,816,000, 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),
$82,846,000, 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, $11,151,884,000, 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, $20,197,300,000, 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, $27,976,278,000, 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, $20,721,723,000, to
remain available for obligation until September 30, 2011:
Provided, That, notwithstanding any other provision of law,
of the funds made available under this heading for missile
defense programs, not less than $80,000,000 shall be
available for the Kinetic Energy Interceptor Program.

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, $1,692,758,000, 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

(including transfer of funds)

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $29,891,109,000; of which $28,257,565,000
shall be for operation and maintenance, of which not to
exceed two percent shall remain available until September 30,
2011, and of which up to $15,537,688,000 may be available for
contracts entered into under the TRICARE program; of which
$384,142,000, to remain available for obligation until
September 30, 2012, shall be for procurement; and of which
$1,249,402,000, 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 U.S.
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,
$1,510,760,000, 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
$351,269,000, to remain available until September 30, 2011,
shall be for research, development, test and evaluation, of
which $348,669,000 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 H9067]]

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, $1,237,684,000:
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'',
$364,550,000, of which $183,000,000 shall be for Attack the
Network, to remain available until September 30, 2011;
$25,000,000 shall be for Defeat the Device, to remain
available until September 30, 2012; $35,000,000 shall be for
Train the Force, to remain available until September 30,
2010; $121,550,000 shall be for Staff and Infrastructure, to
remain available until September 30, 2010: 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 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, $611,002,000.

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
report of the Committee on Appropriations of the House of
Representatives accompanying 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.

(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

[[Page H9068]]

transfers may be made between working capital funds 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
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. 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 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

[[Page H9069]]

for the purpose of this section, the term ``manufactured''
shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of
this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or
manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement
may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8018.  None of the funds available to the Department
of Defense 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.
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,
commencing on the date on which the preliminary planning for
the study begins through the date on which a performance
decision is rendered with respect to the function, excluding
time during which the study is suspended because of protests
before the Government Accountability Office or United States
Court of Federal Claims but including time during which the
study is performed subsequent to such protests.
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 $34,756,000 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, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $7,426,000 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 non-profit 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 5,582 staff years of technical effort (staff
years) may be funded for defense FFRDCs, not more than 3,236
staff years may be funded for the systems engineering and
integration FFRDCs and not more than 1,264 staff years may be
funded for laboratory FFRDCs: Provided, That of the specific
amount referred to previously in this subsection, not more
than 1,082 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. 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

[[Page H9070]]

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, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force
Base, Mountain Home 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, 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 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.
Sec. 8040.  The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the report of the Committee on Appropriations of the House
of Representatives accompanying this Act.

(rescissions)

Sec. 8041.  Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Other Procurement, Army, 2009/2011'', $131,900,000;
``Shipbuilding and Conversion, Navy, 2009/2013'',
$177,767,000;
``Other Procurement, Navy, 2009/2011'', $18,844,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$687,071,000;
``Missile Procurement, Air Force, 2009/2011'', $60,000,000;
``Other Procurement, Air Force, 2009/2011'', $36,400,000;
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $20,000,000;

[[Page H9071]]

``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $70,000,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2009/2010'', $189,357,000.
Sec. 8042.  None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8043.  None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044.  Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8045.  During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047.  None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048.  None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049.  None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051.  None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.

(including transfer of funds)

Sec. 8052.  During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8053.  During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired
or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055.  Using funds 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. 8056.  None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program:

[[Page H9072]]

Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057.  None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government.
Sec. 8058. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8059. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary
of Defense has received credible information from the
Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8060.  None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8061.  None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8062.  Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8063.  The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8064.  During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8065.  Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8066.  None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8067.  Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8068.  None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8069.  Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year may be used to fund civil requirements associated with
the satellite and ground control segments of such system's
modernization program.

(including transfer of funds)

Sec. 8070.  Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $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. 8071.  Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2010.
Sec. 8072.  In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to

[[Page H9073]]

remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, these funds
shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.

(including transfer of funds)

Sec. 8073.  Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $202,434,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$45,792,000 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 $72,400,000 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. 8074.  Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$454,586,000 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;
LPD-17 Amphibious Transport Dock Program, $16,844,000;
Under the heading Shipbuilding and Conversion, Navy, 2005/
2010:
New SSN, $18,702,000;
LPD-17 Amphibious Transport Dock Program, $16,498,000;
Under the heading Shipbuilding and Conversion, Navy, 2007/
2011:
DD(X) Program, $309,636,000;
Under the heading Shipbuilding and Conversion, Navy, 2008/
2012:
LPD-17 Amphibious Transport Dock Program, $66,000,000.
Sec. 8075.  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. 8076.  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,
Orthotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapy Assistants, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, Medical
Technologists, Medical Technicians, Pharmacy Technicians,
Health System Specialists, Medical Instrument Technicians,
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. 8077.  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. 8078.  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. 8079. (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. 8080.  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. 8081.  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. 8082.  Up to $2,500,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' in this
Act for the Pacific Missile Range Facility may be made
available to contract for the repair, maintenance, and
operation of adjacent off-base water, drainage, and flood
control systems, electrical upgrade to support additional
missions critical to base operations, and support for a range
footprint expansion to further guard against encroachment.
Sec. 8083.  In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $88,700,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $20,000,000 to the United
Service Organizations; $30,000,000 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; $4,800,000 to the Arrest Deterioration of
Ford Island Aviation Control Tower, Pearl Harbor, HI;
$2,000,000 to the Go For Broke program; $1,000,000 to Our
Military Kids; $3,000,000 to the New Jersey Technology
Center; $2,000,000 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; $7,400,000 to the Edward M. Kennedy Institute for
the Senate; and $1,000,000 for the Riverside General Hospital
in Houston, Texas, for the treatment of psychological health
issues.
Sec. 8084.  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. 8085.  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. 8086. (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. 8087.  The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided

[[Page H9074]]

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. 8088.  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. 8089. (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) None of the funds appropriated by this Act may be used
to institute an inter-Service common contract for acquisition
of MQ-1 or MQ-1C UAVs until 30 days after the Secretary of
Defense certifies to the congressional defense committees
that a common contract would achieve cost savings, be
interoperable with, and not create undue sustainment costs
compared to the current fleet.
Sec. 8090.  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. 8091.  Up to $15,000,000 of the funds appropriated
under the heading, ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8092.  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. 8093.  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. 8094.  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. 8095.  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 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. 8096.  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. 8097.  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 funds made available in this
Act for basic research.
Sec. 8098.  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. 8099. (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. 8100.  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. 8101.  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. 8102.  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.

(including transfer of funds)

Sec. 8103. (a) Continuation of Stop-Loss Special Pay.--In
addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $8,300,000 is hereby
appropriated to the Secretary of Defense to carry out this
section. Such amount 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 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) 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.''.
Sec. 8104.  Appropriations available to the Department of
Defense for the purchase of heavy and light armored vehicles
for force protection purposes may be used for such purchase,
up to a limit of $262,000 per vehicle, notwithstanding other
limitations applicable to the purchase of passenger carrying
vehicles.

[[Page H9075]]

(including transfer of funds)

Sec. 8105.  During the current fiscal year, not to exceed
$10,000,000 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. 8106.  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 the funds
transferred under this provision are 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 the Office of Management and Budget must
approve any transfers made under this provision.
Sec. 8107. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming of funds in accordance with section 102A(d) of
the National Security Act of 1947 (50 U.S.C. 403-1(d)) unless
the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of the reprogramming that --
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) augments funds for existing projects in excess of 10
percent or more; or,
(4) reduces by 10 percent or more funding or personnel for
a project;
(b) None of the funds provided for the National
intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming of funds in accordance with section 102A(d) of
the National Security Act of 1947 (50 U.S.C. 403-1(d)) made
after August 1, 2010, except in extraordinary circumstances
and after the Committees on Appropriations of the House of
Representatives and the Senate are notified 30 days in
advance of the reprogramming.
Sec. 8108.  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 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, as of the date
of enactment of this Act.

(including transfer of funds)

Sec. 8109.  During the current fiscal year, the Secretary
of Defense may transfer to the appropriation ``Foreign
Currency Fluctuations, Defense'' unobligated amounts of funds
appropriated for operation and maintenance for fiscal year
2007, 2008, or 2009 and unobligated amounts of funds
appropriated for military personnel for any of such fiscal
years if such unobligated amounts are not necessary for the
liquidation of obligations or for the making of authorized
adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations:
Provided, That the amount in the appropriation ``Foreign
Currency Fluctuations, Defense'' may not exceed the amount
specified in subsection 2779(d) of title 10, United States
Code, as a result of the transfer: Provided further, That the
transfer authority provided by this section is in addition to
any other transfer authority contained in this Act.
Sec. 8110.  The amounts appropriated in Title II of this
Act are hereby reduced by $289,570,000 to reflect excess cash
balances in Department of Defense Working Capital Funds.
Sec. 8111. (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 $1,000,000, within the Intelligence
Community until the Director of National Intelligence
certifies to the congressional intelligence committees that
the system is being developed and managed in accordance with
the Business Transformation requirements.
(b) The Director of the Business Transformation Office
shall provide the congressional intelligence committees
notification of approvals under paragraph (1) no later than
30 days after certification. Each such notification shall
include a statement confirming that the following steps have
been taken with respect to the system:
(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. 8112. (a) In addition to funds made available
elsewhere in this Act, there is hereby appropriated
$439,615,000 to remain available until transferred: Provided,
That these funds are appropriated to the ``Tanker Replacement
Transfer Fund'' (referred to as ``the Fund'' elsewhere in
this section): Provided further, That the Secretary of the
Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation,
Air Force'', only for the purposes of proceeding with a
tanker acquisition program: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to making transfers
using funds provided in this section, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
(b) The Secretary of Defense is directed to award one or
more contracts for the aerial refueling tanker replacement
program according to either of the following alternatives:
(1) A contract to a single offeror based on a best value or
lowest cost source selection derived from full and open
competition, subject to the condition that non-development
aircraft produced under such contract must be finally
assembled in the United States. Such competition and source
selection shall include evaluation of the life-cycle costs of
each aircraft over a 40-year period (including costs of fuel
consumption, military construction and other factors normally
associated with operation and support of tanker aircraft) and
shall include an independent 40-year life-cycle cost estimate
conducted by a federally funded research and development
center; or
(2) Contracts awarded to each of the two offerors that
responded to Request for Proposal No. FA8625-07-R-6470 (as
released on January 29, 2007) subject to the condition that
all non-development aircraft produced under any such
contracts must be finally assembled in the United States.
(c) The Secretary of Defense shall certify in writing to
the congressional defense committees by October 1, 2009,
which of the procurement alternatives in subsection (b)
represents the most cost-effective and expeditious tanker
replacement strategy that best responds to United States
national security requirements. The certification shall be
accompanied by a report to the congressional defense
committees detailing the rationale for such certification.
Sec. 8113. (a) Under regulations prescribed by the
Secretary of Defense, the Secretary concerned shall provide
any member or former member of the Armed Forces with the
benefits specified in subsection (b) if the member or former
member would, on any day during the period beginning on
January 19, 2007, and ending on the date of the
implementation of the Post-Deployment/Mobilization Respite
Absence (PDMRA) program by the Secretary concerned, have
qualified for a day of administrative absence under the Post-
Deployment/Mobilization Respite Absence program had the
program been in effect during such period.
(b) Benefits.--The benefits authorized under this section
are the following:
(1) In the case of an individual who is a former member of
the Armed Forces at the time of the provision of benefits
under this section, payment of an amount not to exceed $200
for each day the individual would have qualified for a day of
administrative absence as described in subsection (a) during
the period specified in that subsection.
(2) In the case of an individual who is a member of the
Armed Forces at the time of the provision of benefits under
this section, either one day of administrative absence or
payment of an amount not to exceed $200, as selected by the
Secretary concerned, for each day the individual would have
qualified for a day of administrative absence as described in
subsection (a) during the period specified in that
subsection.
(c) Exclusion of Certain Former Members.--A former member
of the Armed Forces is not eligible under this section for
the benefits specified in subsection (b)(1) if

[[Page H9076]]

the former member was discharged or released from the Armed
Forces under other than honorable conditions.
(d) Maximum Number of Days of Benefits.--Not more than 40
days of benefits may be provided to a member or former member
of the Armed Forces under this section.
(e) Form of Payment.--The paid benefits authorized under
this section may be paid in a lump sum or installments, at
the election of the Secretary concerned.
(f) Construction With Other Pay and Leave.--The benefits
provided a member or former member of the Armed Forces under
this section are in addition to any other pay, absence, or
leave provided by law.
(g) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of a military department to
provide days of administrative absence not chargeable against
available leave to certain deployed or mobilized members of
the Armed Forces in order to assist such members in
reintegrating into civilian life after deployment or
mobilization.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
(h) Termination.--(1) The authority to provide benefits
under this section shall expire on the date that is 1 year
after the date of the enactment of this Act.
(2) Expiration under this subsection of the authority to
provide benefits under this section shall not affect the
utilization of any day of administrative absence provided a
member of the Armed Forces under subsection (b)(2), or the
payment of any payment authorized a member or former member
of the Armed Forces under subsection (b), before the
expiration of the authority in this section.
Sec. 8114. (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. 8115. (a) With respect to the list of specific
programs, projects and activities contained in the tables
entitled ``Explanation of Project Level Adjustments'' in the
Report of the Committee on Appropriations of the House of
Representatives, those which are considered congressional
earmarks for purposes of Rule XXI of the House of
Representative, when awarded to a for profit entity, shall be
awarded under full and open competition.
(b) For profit entities previously awarded a contract with
the Department of Defense which remains in effect during
fiscal year 2010, to provide such programs projects or
activities as described in subsection (a), shall be
considered to have satisfied the conditions of full and open
competition, provided that any such contract was awarded
under full and open competition.
Sec. 8116.  The amounts appropriated in title II of this
Act are hereby reduced from the specified accounts in the
specified amounts:
``Operation and Maintenance, Navy'', $192,000,000;
``Operation and Maintenance, Marine Corps'', $28,000,000;
``Operation and Maintenance, Air Force'', $188,000,000;
``Operation and Maintenance, Defense-Wide'', $142,000,000.
Sec. 8117.  In carrying out Congressionally Directed
Medical Research programs related to breast cancer research,
the Secretary of Defense shall ensure the following:
(a) The selection process for choosing an individual to
serve as a member of an integration panel shall be fair and
representative of the interested community so that the
integration panel consists of a diverse representation of the
breast cancer survivor and advocacy community; and
(b) An individual serving as a member of an integration
panel may not be an employee, serve on the board of, or have
a financial relationship with the same organization
(including any organization related to such organization
through common board membership, financial support, or other
similar relationship) as that of another individual serving
as a member of such panel.
Sec. 8118.  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 eliminate any personnel positions from
the 194th Regional Support Wing of the United States Air
National Guard as of the date of enactment of this Act.
Sec. 8119. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is
detained, as of April 30, 2009, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska,
Hawaii, the District of Columbia, or 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 prior
Act may be used to transfer an individual who is detained, as
of April 30, 2009, at the Naval Station, Guantanamo Bay,
Cuba, into the continental United States, Alaska, Hawaii, the
District of Columbia, or 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 detaining or prosecuting such individual until 2
months after the plan detailed in subsection (c) is received.
(c) The President shall submit to the Congress, in writing,
a comprehensive plan regarding the proposed disposition of
each individual who is detained, as of April 30, 2009, at
Naval Station, Guantanamo Bay, Cuba, who is not covered under
subsection (d). Such plan shall include, at a minimum, each
of the following for each such individual:
(1) The findings of an analysis regarding any risk to the
national security of the United States that is posed by the
transfer of the individual.
(2) The costs associated with not transferring the
individual in question.
(3) The legal rationale and associated court demands for
transfer.
(4) A certification by the President that any risk
described in paragraph (1) has been mitigated, together with
a full description of the plan for such mitigation.
(5) A certification by the President that the President has
submitted to the Governor and legislature of the State or
territory (or, in the case of the District of Columbia, to
the Mayor of the District of Columbia) to which the President
intends to transfer the individual a certification in writing
at least 30 days prior to such transfer (together with
supporting documentation and justification) that the
individual does not pose a security risk to the United
States.
(d) None of the funds made available in this or any prior
Act may be used to transfer or release an individual detained
at Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009,
to the country of such individual's nationality or last
habitual residence or to the freely associated States of the
Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI), or the Republic of Palau, or to any
other country other than the United States, unless the
President submits to the Congress, in writing, at least 30
days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or
released and the country 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 citizens, including members of the
Armed Services or 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 another country for
acceptance of such individual, including the amount of any
financial assistance related to such agreement.

TITLE IX

OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$10,492,723,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$1,622,717,000:  Provided, That the amount under this heading
is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $997,470,000:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $1,855,337,000:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$302,637,000:  Provided, That the amount under this heading
is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

[[Page H9077]]

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$39,040,000:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $31,337,000: Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $24,822,000:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $839,966,000:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $18,500,000:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $41,836,029,000:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $4,975,665,000: Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,961,279,000:  Provided, That the amount
under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $7,858,895,000:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Defense-wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,397,800,000, 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 $1,540,000,000, 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:
Provided further, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $163,461,000:  Provided, That the amount
under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $54,447,000:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $69,333,000:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $100,740,000:  Provided, That the amount
under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $257,317,000:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $231,889,000:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

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, $14,636,901,000, 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, 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 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 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:  Provided further, That the amount
under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Afghanistan Security Forces Fund

For the ``Afghanistan Security Forces Fund'',
$7,462,769,000, 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,

[[Page H9078]]

not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense
committees in writing of the details of any such obligation:
Provided further, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $1,636,229,000, to remain available until September
30, 2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$469,470,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,219,466,000, to remain
available until September 30, 2012:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $370,635,000, to remain available until September 30,
2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$5,635,306,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated
as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $889,097,000, to remain available until September 30,
2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$73,700,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $698,780,000, to remain available
until September 30, 2012:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$260,797,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$1,100,268,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated
as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $825,718,000, to remain available until September
30, 2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $36,625,000, to remain available until September 30,
2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Procurement of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $256,819,000, to remain available until
September 30, 2012:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $2,275,238,000, to remain available until September
30, 2012:  Provided, That the amount under this heading is
designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Procurement, Defense-wide

For an additional amount for ``Procurement, Defense-Wide'',
$489,980,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.

National Guard and Reserve Equipment

For procurement of items of equipment as designated by the
Chief of the National Guard Bureau and the Chiefs of the
reserve components of the Armed Forces, $500,000,000, to
remain available for obligation until September 30, 2012, of
which $300,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard
and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component:  Provided further, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Rapid Acquisition Fund

(including transfer of funds)

There is hereby established in the Treasury of the United
States the Rapid Acquisition Fund. For the Rapid Acquisition
Fund, $40,000,000, to remain available until September 30,
2012: Provided, That such funds shall be available to the
Secretary of Defense, with the advice of the Chairman of the
Joint Chiefs of Staff, for the purpose of providing for Joint
Urgent Operational Needs: Provided further, That the
Secretary of Defense may transfer such funds to
appropriations for operation and maintenance; procurement;
and research, development, test and evaluation: Provided
further, That funds so transferred shall be merged with and
shall be available for the same purposes and the same time
period as that account 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 funds may be
transferred back to this appropriation: Provided further,
That the transfer authority provided herein is in addition to
any other transfer authority available to the Department of
Defense:  Provided further, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Mine Resistant Ambush Protected Vehicle Fund

(including transfer of funds)

For the Mine Resistant Ambush Protected Vehicle Fund,
$3,606,000,000, 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 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 upon a determination that all
or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such funds
may be transferred back to this appropriation: Provided
further, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer:  Provided further, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

[[Page H9079]]

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:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $38,280,000, to remain available
until September 30, 2011:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $29,286,000, to remain available
until September 30, 2011:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Research, Development, Test and Evaluation, Defense-wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $115,826,000, to remain
available until September 30, 2011:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $412,215,000:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$1,155,235,000, which shall be for operation and maintenance:
Provided, That the amount under this heading is designated
as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Drug Interdiction and Counter-drug Activities

(including transfer of funds)

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities'', $317,603,000, to remain available
until September 30, 2011:  Provided, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,490,000,000, of which $730,000,000
shall be for Attack the Network, to remain available until
September 30, 2011; $600,000,000 shall be for Defeat the
Device, to remain available until September 30 2012; and
$160,000,000 shall be for Train the Force, to remain
available until September 30, 2010:  Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Office of the Inspector General

For an additional amount for the ``Office of the Inspector
General'', $8,876,000:  Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

GENERAL PROVISIONS--THIS TITLE

Sec. 9001.  Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 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 $3,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title, with the exception of
the ``Overseas Contingency Operations Transfer Fund'':
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 section 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 or Iraq, 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 motor vehicles for use by
military and civilian employees of the Department of Defense
in Iraq and Afghanistan, up to a limit of $75,000 per
vehicle, notwithstanding other limitations applicable to
passenger carrying motor vehicles.
Sec. 9005.  Not to exceed $1,300,000,000 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: 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.

(including transfer of funds)

Sec. 9007.  During fiscal year 2010 and from funds in the
``Defense Cooperation Account'', as established by 10 U.S.C.
2608, the Secretary of Defense may transfer not to exceed
$6,500,000 to such appropriations or funds of the Department
of Defense as the Secretary shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority: Provided further, That the amount in this section
is designated as being for overseas deployments and other
activities pursuant to section 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) Report on Iraq Troop Drawdown Status, Goals,
and Timetable.--In recognition and support of the policy of

[[Page H9080]]

President Barack Obama to withdraw all United States combat
brigades from Iraq by August 31, 2010, and all United States
military forces from Iraq on December 31, 2011, Congress
directs the Secretary of Defense (in consultation with other
members of the National Security Council) to prepare a report
that identifies troop drawdown status and goals and
includes--
(1) a detailed, month-by-month description of the
transition of United States military forces and equipment out
of Iraq; and
(2) a detailed, month-by-month description of the
transition of United States contractors out of Iraq.
(b) Elements of Report.--At a minimum, the Secretary of
Defense shall address the following:
(1) How the Government of Iraq is assuming the
responsibility for reconciliation initiatives as the mission
of the United States Armed Forces transitions.
(2) How the drawdown of military forces complies with the
President's planned withdrawal of combat brigades by August
31, 2010, and all United States forces by December 31, 2011.
(3) The roles and responsibilities of remaining contractors
in Iraq as the United States mission evolves, including the
anticipated number of United States contractors to remain in
Iraq after August 31, 2010, and December 31, 2011.
(c) Submission.--
(1) Not later than 90 days after the date of enactment of
this Act, and every 90 days thereafter through September 30,
2010, the Secretary of Defense shall submit the report
required by subsection (a) and a classified annex to the
report, as necessary.
(2) The Secretary may submit the report required by
subsection (a) separately as provided in paragraph (1) or
include the information required by this report when
submitting reports required of the Secretary under section
9204 of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 122 Stat. 2410).

The Acting CHAIR. No amendment shall be in order except the
amendments printed in House report 111-233. Each amendment in part A of
the report may be offered only in the order printed in the report, may
be offered only by a Member designated in the report, shall be
considered read, and shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent;
not to exceed eight of the amendments printed in part B of the report
if offered by the gentleman from Arizona (Mr. Flake) or his designee,
shall be in order, may be offered only in the order printed in the
report, shall be considered as read, and shall be debatable for 10
minutes equally divided and controlled by the proponent and an
opponent; an en bloc amendment, if offered by the gentleman from
Arizona (Mr. Flake) or his designee, consisting of all the amendments
printed in part B of the report, shall be in order, shall be considered
read, and shall be debatable for 10 minutes equally divided and
controlled by the proponent and an opponent; not to exceed two of the
amendments printed in part C of the report if offered by the gentleman
from California (Mr. Campbell) or his designee, shall be in order,
which may be offered only in the order printed in the report, shall be
considered read, and shall be debatable for 10 minutes equally divided
and controlled by the proponent and an opponent.
After disposition of the amendments specified in the first section of
House Resolution 685, the Chair and ranking minority member of the
Committee on Appropriations or their designees each may offer one pro
forma amendment to the bill for the purpose of debate, which shall be
controlled by the proponent.
The amendments specified in the first section of House Resolution 685
shall not be subject to a demand for division of the question.

Part A Amendment No. 1 Offered by Mr. Murtha

The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part A of House Report 111-233.
Mr. MURTHA. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part A amendment No. 1 offered by Mr. Murtha:

Page 8, line 11, before the period at the end, insert the
following: ``: Provided, That $60,199,000 shall be made
available for the Joint POW/MIA Accounting Command''.
Page 103, line 3, strike ``$10,000,000'' and insert
``12,000,000''.
Page 118, after line 15, insert the following new sections:
Sec. 8120.  None of the funds appropriated or otherwise
made available in this Act may be used for advance
procurement of the F-22 aircraft: Provided, That $368,800,000
of the funds made available in title III under the heading
``Aircraft Procurement, Air Force'' may be available for the
following programs in the following amounts:
(1) $64,000,000 for production line shut down activities
for the F-22.
(2) $138,800,000 for spare engines for F-22 and C-17
aircraft.
(3) $79,000,000 for LAIRCM kits for the Air National Guard.
(4) $37,000,000 for advanced targeting pods.
(5) $50,000,000 for advanced radar development.
Sec. 8121.  The amount appropriated in title VI under the
heading ``Defense Health Program'' for operation and
maintenance is hereby reduced by $26,000,000 and the amount
appropriated under such heading for research, development,
test, and evaluation is hereby increased by $26,000,000.
Sec. 8122.  None of the funds appropriated or otherwise
made available in this Act may be used to award to a
contractor, or convert to performance by a contractor, the
provision of utilities at the United States Military Academy
at West Point.
Sec. 8123.  The amounts otherwise provided by this Act are
revised by reducing the amount made available under title II
under the heading ``Operation and Maintenance, Air Force'',
and increasing the amount available under title VI under the
heading ``Chemical Agents and Munitions Destruction,
Defense'', by $50,000,000.
Sec. 8124.  None of the funds appropriated or otherwise
made available in this Act may be used by the Secretary of
the Army to convert government-owned ammunition production
assets to the private sector.
Page 122, line 3, strike ``Provided, That'' and insert
``Provided, That up to $241,503,000 of the amount under this
heading shall be transferred to the Coast Guard `Operating
Expenses' account: Provided further, That''.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Pennsylvania (Mr. Murtha) and a Member opposed each will control
10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. MURTHA. This amendment provides $60,199,000 to be made available
for a joint POW/MIA account, $2 million additional funding for the
Fisher House, for a total of $12 million, for redirecting $368,800
otherwise available for advanced procurement of additional F-22
aircraft spare parts. Let me explain--well, some money shifting from
the health program and some chemical agents and so forth. In other
words, some amendments we couldn't get to in the floor.
The major difference is that I had advanced funding for the F-22 in
the bill, and obviously the Senate, in its wisdom, defeated the
possibility of the F-22 passing. So what I've done is say, okay, if
we're not going to have an F-22, let's at least fund the original 187
airplanes at the fullest robust level. And that's the only difference,
actually, that we have between myself and Mr. Young.
So with that, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I claim the time in opposition to
the manager's amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 10
minutes.
Mr. YOUNG of Florida. Mr. Chairman, as Chairman Murtha suggested, we
basically support this manager's amendment. We have no opposition, and
in fact, support it except for the one item that has to do with the air
superiority aircraft, the F-22.
We support the original position that Chairman Murtha offered to the
subcommittee and the subcommittee agreed to, and that was to be able to
keep the production line open for the F-22. We're just really concerned
that 187 aircraft cannot guarantee that we will control the air over
the battlefield if that situation develops.
I now include a chart that I discussed yesterday in general debate on
the number of aircraft, fighter aircraft, that we have bought over the
years, and how many of them we have lost through attrition, through
accidents, and through actual combat.

Aircraft History

F-4: Production: 1958 to 1979 by McDonnell Douglas; Built:
4,138 (2,874 USAF; 1,264 Navy and MC); Lost: 71 combat losses
plus 54 lost in accidents (3%).
F-14: Production: 1970 to 1992 by Northrop Grumman; Built:
679; Lost: 121 (18%); Retired in 2007.
F-15: Production: 1974 to 1985 by McDonnell Douglas/Boeing;
Built: 1,118; Destroyed: 117 (10%); Active Today: 618.
F-16: Production: 1978 by General Dynamics/Lockheed Martin;
Built: 2,230; Destroyed: 334 (15%) includes 25 destroyed due
to battle damage; Active Today: 1,167.
F-18: Production: 1983 by McDonnell Douglas/Boeing; Built:
1,048; Lost in accidents: 170

[[Page H9081]]

(includes 2 shot down in Gulf War); Stricken for maintenance
and exceeding life limits: 246 (40%); Active Today: 632.
F-22: Production: 2001 to 2009 by Lockheed Martin;
Building: 187; Projected losses: 6, leaving only 181 (3% like
the F-4); 19, leaving only 168 (10% like the F-15); 28,
leaving only 159 (15% like the F-16); 34, leaving only 153
(18% like the F14); 75, leaving only 112 (40% like the F-18).

187 just doesn't really, in my opinion, doesn't guarantee that we
will have what we need. Hopefully, we'll never need them, but we just
don't know that we might not need them. And if we need them and don't
have them, where are we and where is the soldier on the ground? If we
need them and don't have them, somebody else's airplane may be over
that battlefield.
So it would have been better if we could have had a straight up-or-
down vote on the F-22 issue, and I requested of the Rules Committee to
make such an amendment in order, and they chose not to do so.
So I will vote against this manager's amendment--again, not because
we're opposed to the manager's amendment, but we think that we are
threatening the future security of air control and air superiority over
the battlefield.
I reserve the balance of my time.
Mr. MURTHA. I yield myself 2 minutes.
I certainly agree with what the gentleman said. I have a great
concern about air superiority, but the problem is we need 292 votes in
the House. The President is hard over on this issue. We need 66 votes
in the Senate, and there is no chance of us getting that kind of a
vote.
So what I'm trying to do is make sure that that is robustly funded,
the ones that are there, because the very thing Mr. Young mentioned,
the fact that these airplanes have high maintenance, they cost about
$50,000 an hour to maintain, and it's very expensive and very
burdensome. So I want to make sure they have the spare parts they need,
the engines they need in order so the ones we have, have what they
need.
With that, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield now to a very
distinguished member of the subcommittee, the gentleman from New Jersey
(Mr. Frelinghuysen) for 3 minutes.
Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
I rise in opposition to the amendment authored by our chairman. I
don't quarrel with many of the provisions of the Murtha amendment. He's
absolutely right on in most regards. But, Mr. Chairman, I ask my
colleagues to remember one day, April 15, 1953. On that date is the
last time a U.S. soldier, sailor or marine was killed by an attack from
the air. It's nearly 60 years ago, during the Korean War.
Air dominance has been the game changer that has allowed our ground
troops to execute their missions. We have air dominance today. Our job
here is to make sure we have it tomorrow, and certainly the committee
is going to do that. But air dominance is fragile and could slip away
quickly. As we gather here today, the Russians are producing advanced
fighter aircraft. We know that. The Chinese are apparently working to
reverse engineer some of those advanced fighters for their own use, and
we know certain countries are producing and selling very sophisticated
air defense systems; more accurate, more lethal, more mobile, more
difficult to neutralize than any systems our Air Force and Navy has
ever faced. Hence, the need for the F-22.
The Air Force has 187 F-22 Raptors. It does not have 187 for combat
deployment. We would like that to be the case. About 130 or so are
ready, what we call combat coded with the full package, and they're
ready for those missions. Approximately 60 are maintained, as I
understand, for training and testing purposes.
And the question, of course, arises--and I support the F-25 Joint
Strike Fighter. It's on its way, but when and how soon. The Joint
Strike Fighter, as we know, is not the Raptor, doesn't have those
capabilities. I think we need to keep the F-22 assembly line alive and
warm. Once it's shut down, there is virtually no prospect that we can
bring it back again. You can't flip the switch to bring the Raptor back
into production.
So I rise in reluctant opposition to the amendment. I respect the
chairman's desire to sort of keep the line open, have spare parts, but
I do oppose the amendment.
Mr. MURTHA. I reserve.
Mr. YOUNG of Florida. I will yield to the gentleman from Georgia (Mr.
Kingston), a member of the subcommittee, for 2 minutes.
Mr. KINGSTON. I thank the gentleman from Georgia and the gentleman
from Pennsylvania.
I wanted to speak about the F-22 issue because, as we know, the
Senate has cut off funding for it, but I do have some concerns about
our fighter fleet.
Currently, the military inventory is 3,500 fighter aircraft. That's
2,400 for the Air Force, 1,100 for the Navy and the Marine Corps. Most
of these aircraft were purchased at high annual rates during the 1980s.
These aircraft will reach the end of their service in the next 10
years.
So what we're talking about is something that maybe could be more
important in the next decade or within the next decade than might be to
people today, but the Air Force will replace the A-10, the F-16, and
the F-15 with the F-22 and the F-35 Joint Strike Fighter.
To give you an idea of some of these ages, there are 350 A-10s with
an average age of 28 years, 470 F-15s with an average of 26 years, 220
F-15s with an average of 17 years, 1,200 F-16-S's with an average of 20
years. We have roughly 140 Raptors to replace the fleet and have no F-
35-S's and will not have them until 2013. And of course the F-22
production line will end in 2011. That's the Air Force.
Now, as respects the Navy, the Navy will replace the carriers and F/
A-18 Hornets with Super Hornets and the F-35-Js, Joint Strike Fighters.
The reason they're doing this is to have 125 carriers with an average
age of 14 years each, 620 Hornets with an average age of 19 years.
The Acting CHAIR. The time of the gentleman has expired.
Mr. YOUNG of Florida. I yield the gentleman from Georgia 1 additional
minute.
Mr. KINGSTON. I thank the gentleman.
What I will do, I will submit some of these statistics for the
record. But I guess the bottom line is that we're very concerned with
the need to replace the aging fleet in the Navy and in the Air Force,
and I believe keeping the F-22 line open resolves some of this.
The Defense Committee has worked very hard on this. There's been a
lot of good bipartisan dialogue. I know both sides care about it,
whether you're for or against this amendment, but I think that at this
time we need to go on this very cautiously and very slowly.
I appreciate the chairman's and the ranking member's leadership on
this issue and look forward to continue working with you.
Mr. MURTHA. I just want to reiterate what I said.
The political climate has changed substantially. We're in a situation
where the President's hard over, and we are doing the best we can to
have robust funding for the fleet. That's what I intend to do, or I
hope, when this amendment passes, that's what we'll have done.
With that, I reserve the balance of my time.

{time}  1045

Mr. YOUNG of Florida. Mr. Chairman, I now yield 1 minute to the
distinguished gentleman from Utah (Mr. Bishop).
Mr. BISHOP of Utah. I appreciate the difficulty we're in; but once
again, to have air superiority requires two things: technical
superiority, which the F-22 provides, as well as numerical superiority,
which was why originally we were going to build 750. Up until last
year, 381 was the minimum. Everyone from Air Combat Command, to Air
National Guard, to every study says 243 is the number. There is no data
that says 187 is the correct number, other than the Secretary. If the
Russians are going to build a new generation and sell 200 to 300 at the
same time we cut 250 legacy planes from our Air Force, at the same time
we stop the F-22, at the same time the F-35 is not going to be
available until 2014 at the earliest and still has problems, we may
find ourselves on the wrong side of history

[[Page H9082]]

if we do not stand up for the F-22. If we can spend $5 billion on ACORN
but complain about $2 billion for 18,000 jobs to continue on a plane
that we need, there is something in our prioritization that needs to be
reviewed.
I appreciate the position of the gentleman from Pennsylvania, but
here is the time we need to make a statement that the future is
essential.
Mr. MURTHA. I yield myself 1 minute.
I will say to the gentleman, as I have said before, we're doing the
best we can with what we have. Politically, it's changed so
dramatically that we just have no alternative than to make sure that
what we have is robustly funded.
With that, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, can I inquire as to how much time
I have remaining?
The Acting CHAIR. The gentleman from Florida has 2 minutes remaining.
The gentleman from Pennsylvania has 7 minutes remaining.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of the
time.
I want to say and to make sure that Members understand that I know
that Mr. Murtha is not opposed to the F-22 and that he supports it
because it was in his original mark that he presented to the
subcommittee. And I understand the change in political mode that we
have experienced. But you know, from the time that I came here, we were
fighting about the F-14. There were those who didn't want to do the F-
14, which was a very important aircraft for our fleet protection. Most
of our new aircraft have been opposed by certain quarters in the
country. The M1 tank, which is by far the world's best tank, was
opposed by certain groups of people. Well, we cannot afford to allow an
enemy to control the air over our troops. It's as simple as that. We
have never sent our soldiers into battle with only 187 fighter aircraft
in our inventory that have the capability to control the air over the
battlefield. So yes, it's expensive. Freedom doesn't come free. I'm not
really opposed to this amendment, but I'm going to vote against it
because of the F-22 issue.
I yield back the balance of my time.
Mr. MURTHA. I yield back the balance of my time and call for an
affirmative vote on the amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Murtha).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. YOUNG of Florida. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.

Part A Amendment No. 2 Offered by Mr. Conaway

The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part A of House Report 111-233.
Mr. CONAWAY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part A amendment No. 2 offered by Mr. Conaway:
Page 8, line 11, after the dollar amount, insert the
following: ``(increased by $1,000,000) (reduced by
$1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Texas (Mr. Conaway) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CONAWAY. I thank the Chair. I appreciate that, and I will
endeavor to not use all the 5 minutes.
Mr. MURTHA. Will the gentleman yield?
Mr. CONAWAY. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. We're willing to accept the amendment.
Mr. CONAWAY. Mr. Chairman, thank you for accepting the amendment.
Mr. YOUNG of Florida. Will the gentleman yield?
Mr. CONAWAY. Yes, sir, I will.
Mr. YOUNG of Florida. Mr. Chairman, we support this amendment and are
happy to accept it.
Mr. CONAWAY. Thank you very much.
Let me briefly explain what it does because on the surface, it looks
like it's just an in-and-out with no real issue. I will be quick. The
issue allows me to talk about financial management, internal controls,
and clean audits at the Department of Defense. This is, as it should
be, a high priority that is reflected in the priorities set by the
Secretary of Defense himself. It's not really up to the Appropriations
Committee to find these funds. These funds ought to come out of hide.
It's important they do that.
Yesterday or the day before, the Secretary announced a $60 billion
savings search for the Department of Defense. He can't find that money
without good internal controls. The authorization committee has said
this is now a priority. We've accelerated the movement by 4 years, the
point at which the Department of Defense needs to have clean, audited
financial statements. Sarbanes-Oxley made that function of internal
control a high priority when it was passed. Businesses had to do what
was referred to as section 404 reviews. It was difficult, it was
painful, and it was expensive. But almost every one of those publicly
held companies will tell you today that after they put those new
controls in place, that they are better. Their financial statements are
better. Their decisions based on financial information are better. The
same thing would apply to the Department of Defense if they would make
this a priority. It has to be a priority for the Secretary of Defense,
the appropriations committee and the authorization committee.
Mr. MURTHA. Would the gentleman take yes for an answer?
Mr. CONAWAY. I did. I just want to get this on record. I did take yes
for an answer. The importance of financial statement auditing is
important. It needs to be a priority.
I yield back the balance of my time.
The Acting CHAIR. Does any Member seek time in opposition?
If not, the question is on the amendment offered by the gentleman
from Texas (Mr. Conaway).
The amendment was agreed to.

Part A Amendment No. 3 Offered by Mr. Flake

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part A of House Report 111-233.
Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated
as No. 596 in part A.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part A amendment No. 3 offered by Mr. Flake:
Page 35, line 2, after the dollar amount, insert ``(reduced
by $160,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. I thank the Chair. Before I start with this amendment, I
want to say that I support the part of the manager's amendment that the
gentleman from Pennsylvania offered with regard to the F-22 program.
I'm glad that we're doing what we're doing there, and I commend the
committee for sticking with what the President wanted there. I think
we've done the right thing.
This amendment would remove $160 million in funding for the U.S.-made
first responder radios for use by Mexico's police force. This request
is not classified as an earmark but is programmatic funding, and it
came to my attention last week when it was featured in a story by the
Washington Post. According to the article, 12 Members of Congress
requested this funding which is to be used for radios with certain
specifications. The article goes on to say that while no specific
company is named in the bill, Motorola, which makes radios that fit the
parameters set forth in the bill and which is based in Illinois, home
to seven of the requesting Members, appeared to be the intended
beneficiary of this funding. At the same time, the article points out
that because this request is not considered to be an earmark, the
Members who requested it are not required to publicly report it.
Typically they have

[[Page H9083]]

to sign a certification saying they have no financial interest in the
earmark, and that was not the case here.
Mr. Chairman, if it looks like an earmark, sounds like an earmark, I
think it's an earmark. It ought to be disclosed under House rules, and
it isn't here. Even if we accept that funding directed to a nameless
company based on a certain set of requirements that only one company
could provide is not an earmark, then we're met with an inconvenient
problem: Why bother to make the earmark process more open and
transparent when it would be just as easy to request the funding--in
this case, funding that is several times more expensive than the
average earmark--by calling the beneficiary a program and tailoring its
description to suit the needs of one company? It's bad enough that this
bill includes over 500 earmarks directed at private companies. The
sponsors of those earmarks are all required to disclose their requests
on their Web sites; and they even certify, as I mentioned, that they
have no financial interest. But that is not the case here. They write
letters, but it doesn't show up as an earmark.
The Post article quotes Bill Allison, senior fellow at the Sunlight
Foundation, as saying, ``It kind of makes a mockery of the disclosure
requirements we have. They will disclose the little things, the $1
million projects; but when you have big-ticket items, you don't have
Members willing to take responsibility for those.'' I agree with Mr.
Allison's assessment. If we truly want to drain the swamp and make the
earmark process more transparent, we can't continue to allow private
companies to be funded outside the current House rules.
I urge support for my amendment and reserve the balance of my time.
Mr. MURTHA. I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. MURTHA. I reserve the balance of my time.
Mr. FLAKE. I would inquire of the gentleman on the subcommittee if he
believes that this is an earmark; and if it is, why Members aren't
required to certify that they have no financial interest if they're
requesting money for it?
I yield the gentleman time to respond.
Mr. MURTHA. I will use my own time.
Mr. FLAKE. May I inquire as to the time remaining?
The Acting CHAIR. The gentleman from Arizona has 1\1/2\ minutes
remaining.
Mr. FLAKE. I will reserve the balance of my time.
Mr. MURTHA. I have the right to close, and I reserve my time.
Mr. FLAKE. We have a process here that I think over the years has
been abused severely. We see that whenever we pick up the paper. We see
examples of earmarks that have gone out of this place in prior years
with no notice at all. Last year we didn't even have any opportunity to
offer any amendments. The Appropriations Committee didn't even mark up
the Defense bill. We see story after story from prior years of what
happens when we don't have adequate disclosure and transparency. I
would submit that that's what we're continuing here. We have a
programmatic request that 12 Members signed a letter. Seven of those
Members represent the State in which the recipient of the earmark
clearly will receive a huge contract, and yet we don't have to file the
disclosure requirements that we do for regular earmarks. I would say
that we should not fund this programmatic request, which is really a
stealth earmark, and get back to the process that we at least pretend
to follow here, where we have disclosure and accountability. I would
urge support of the amendment.
I yield back the balance of my time.
Mr. MURTHA. I rise in opposition to the amendment. I am trying to
figure out what the gentleman is trying to do. This was in the table
from the White House, from the administration, the Defense Department.
This would delete $160 million in drug interdiction and counter-drug
activities which go to Mexico, Afghanistan and Colombia. The Defense
Department has the authority to train and equip foreign governments for
counter-drug activities since Congress enacted section 1004 of the '91
National Defense Authorization Act. This funding will enable the
Department of Defense to provide digital communication equipment to our
allies in order to fight the increasing drug trade and execute this
funding at the discretion of the Department of Defense.
I mean, I can't imagine anything that's more important to us and our
troops in Afghanistan than the amount of money that we're putting in
for anti-drug interdiction. So I would urge the Members to vote against
this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part A Amendment No. 4 Offered by Mr. Sessions

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part A of House Report 111-233.
Mr. SESSIONS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part A amendment No. 4 offered by Mr. Sessions:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. 1001.  Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the use of hyperbaric oxygen therapy
(in this section referred to as ``HBOT'') under the Secretary
of Defense. Such report shall include the following:
(1) The number of members of the Armed Forces, veterans,
and civilians being treated with HBOT.
(2) The types of conditions being treated with HBOT and the
respective success rates for each condition.
(3) The current inventory of all hyperbaric chambers being
used by the Secretary of Defense (including the locations,
the purposes, and the rate of use of such chambers).
(4) Any plans for expanding the use of HBOT for treatment.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Texas Mr. (Sessions) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.

{time}  1100

Mr. SESSIONS. Mr. Chairman, thank you very much, and I appreciate the
opportunity for you to recognize me.
Mr. YOUNG of Florida. Mr. Chairman, would the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman.
Mr. YOUNG of Florida. Mr. Chairman, we are very familiar with this
amendment. We know of the great work Mr. Sessions has done relative to
the hyperbaric chambers for treatment of all types of wounds and
diseases, and we are very pleased to accept this amendment.
Mr. SESSIONS. I thank the gentleman, and I appreciate his help.
Mr. MURTHA. If the gentleman would yield, I agree with the amendment.
Mr. SESSIONS. I thank the gentleman, the chairman of the committee,
Mr. Murtha.
Mr. Chairman, I would just like to say that this committee, as well
as the Rules Committee, has been very open to receiving information
about the current status of hyperbaric oxygen treatment as an
opportunity for us to learn more about how we will help our returning
veterans and those who have been injured in conflicts around the globe.
This body has worked very closely with not only Secretary Gates,
General Casey, the Chief of Staff of the United States Army, but also
with their designee, General Lori Sutton, who is working very closely
with the Congress to make sure that we pay attention to the head trauma
injuries of our soldiers as they engage in trying to help the United
States win the war on terror.
I want to personally thank not only the gentleman, Mr. Young, and the

[[Page H9084]]

gentleman, Mr. Murtha, but also the appropriators, Mr. Wamp and Mr.
Edwards. I would also like to thank the chairwoman of the Rules
Committee, Ms. Slaughter, for not only making this amendment in order,
but also the words of support that have been expressed on behalf of the
Armed Services Committee, but also the Rules Committee.
I thank both these gentlemen for accepting my amendment.
I yield back my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Sessions).
The amendment was agreed to.

Part A Amendment No. 5 Offered by Mr. Tierney

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part A of House Report 111-233.
Mr. TIERNEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part A amendment No. 5 offered by Mr. Tierney:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __.  None of the funds provided in title IV under the
heading ``Research, Development, Test and Evaluation,
Defense-Wide'' shall be available for the Kinetic Energy
Interceptor program, and the amount otherwise provided under
such heading is hereby reduced by $80,000,000.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Massachusetts (Mr. Tierney) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. TIERNEY. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, my colleague, Congressman Holt, and I are offering this
amendment striking $80 million that's in the bill for the Kinetic
Energy Interceptor program. Mr. Holt and I believe that the Kinetic
Energy Interceptor program no longer warrants Congress' support, and we
are not alone in that assessment.
The Bush administration made the initial decision to terminate the
KEI program in its fiscal year 2010 Program Objectives Memorandum last
fall. Then, President Obama did not include funding for it in his
budget proposal, and both the House Armed Services Committee and the
Senate Armed Services Committee did not specify funding for it in their
respective authorization bills.
Secretary Gates has testified that ``the missile's 38 or 39 feet
long. It weighs 12 tons. There's no extant ship we can put it on. We
would have to design a new ship.''
The head of the Missile Defense Agency, Lieutenant General O'Reilly,
has said that the KEI program is being terminated because ``its
capability is inconsistent with the missile defense mission to counter
rogue nation threats.''
The KEI program was intended to be a 5-year development program that
is now a 16-year development program.
Mr. Chairman, I reserve the balance of my time.
Mr. MURTHA. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. MURTHA. I reserve my time.
Mr. TIERNEY. Mr. Chairman, I would just like to say the majority
leader is fond of saying that it is never too late to do the right
thing, and here is our opportunity to do the right thing.
We have to, at some point in time, start looking at all of our
budgets, and that includes the Defense budget, to make sure that we're
not putting money out that needs to be put towards other priorities.
Here you have the Missile Defense Agency's director itself saying
that this program should be terminated. You have the Secretary of
Defense in two administrations saying the program should be terminated.
You have, from what I can hear from people, the silence of those that
say they are against this amendment, not arguing that in fact this is a
program that should move forward.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. MURTHA. I continue to reserve.
Mr. TIERNEY. Mr. Chairman, I yield 1 minute to my colleague from New
Jersey (Mr. Holt).
Mr. HOLT. Mr. Chairman, I thank my friend from Massachusetts.
Almost no one believes that the Kinetic Energy Interceptor program is
necessary or that it will be completed successfully. The Director of
the Missile Defense Agency, the Secretary of Defense, and the President
have all called for the termination of the program. House and Senate
Armed Services Committees have supported that position.
I understand the desire of the chairman of the subcommittee (Mr.
Murtha) to get something of value from all the money that has been
already spent, but stringing this program along is not the answer. Even
after the removal of this money there will be plenty of funding to
learn from the mistakes of the program.
Mr. Chairman, even if the KEI were successful, it will never work
well enough to change our strategy. Missile defense systems must be
perfect to achieve their professed goals, and we can never get that
perfection.
The fact that we don't need them against our friends and that they
will only encourage our enemies to build more offensive systems to get
around, this so-called shield are the arguments against this missile
defense. The best this flawed system could ever provide is a
provocative, yet permeable defense. I urge my colleagues to adopt the
amendment.
Mr. MURTHA. Mr. Chairman, I continue to reserve.
Mr. TIERNEY. I am happy, I guess, to keep on talking. I think that
the desire to have the final word without any rebuttal is somewhat
indicative of the strength of an argument, but if that is the
gentleman's choice, certainly you are able to do that.
I would note that the administration urges the Congress to support
the President's initiative to terminate or reduce programs that fund
narrowly focused activities and duplicate existing programs and that
have outlived their usefulness. It particularly mentions the Kinetic
Energy Interceptor program as one of those, indicating that we can
better target scarce resources and redirect funds to programs with a
greater potential for results. And that, of course, is in the Statement
of Administration Policy with respect to this bill.
Let me, if I can, Mr. Chairman, just read what the Director of the
Missile Defense Agency says about this, and he said this on May 21,
2009:
``The original KEI mission grew from a boost phase only mission to a
boost and mid-course mission. The development schedule grew from 5\1/2\
years to 12 to 14 years (depending on spirals), program cost grew from
$4.6 billion to $8.9 billion, and the missile average unit production
cost grew from $25 million to over $50 million per interceptor.
Technical issues delayed the first booster flight test date
(established in 2007) by over a year,'' and this year any further
testing is highly unlikely.
``Given the above and that 15 percent of the $8.9 billion worth of
work on contract till 2018 has been accomplished, the KEI program was
terminated.''
And further, you have the Secretary of Defense, Mr. Gates, indicating
that this is one decision that he didn't have to make or take credit
for. The Missile Defense Agency itself, under the Bush administration,
essentially eliminated the Kinetic Energy Interceptor, or thought that
it had.
First of all, he said this has been a 5-year development program that
now looks like it's about to be a 16-year development program. There
has not been a single flight test. There has been little work on the
third stage of the kill vehicle, which is obviously critical. A big
part of the program is that it needs to be close to the launch site to
be able to be effective, and the 38- or 39-foot size of the instrument
and the weight of 12 tons means that we have no extant ship that could
actually be used to get close enough. It would be virtually of limited
or no use against Iran or Russia or the Chinese. It has very limited
capability, and that is why this is not a productive way to proceed on
this matter.
There may be some argument by some here--and we will never know

[[Page H9085]]

until after we're finished talking, of course--that we want to keep
some of this money in for research purposes. Let me suggest to my
colleagues that there is a significant amount of money in research,
development and testing within the entire Department of Defense budget
as well as within the budget for the Missile Defense Program.
I urge my colleagues to support this motion and thank the chairman
for the time.
Mr. MURTHA. I rise in opposition to the amendment. It will strike $80
million out of the Kinetic Energy Interceptor program.
In my estimation, what I said to the Defense Department over and over
again, all at once, after all these years of no oversight in the
Defense Department, they get nothing from the program. We've got the
same thing in the Presidential helicopter. We've got the same thing in
many of these other programs. What I'm trying to convince them is they
have to have oversight earlier in a research program.
Now, the Under Secretary tells me that in the new research programs
he is going to try to have a cost cap or some kind of effectiveness so
that they measure it, benchmarks of some sort so that they can measure
these earlier.
We may have to adjust this in conference if this amendment doesn't
pass, but I ask the Members to vote ``no'' on this amendment, and we
will see what we can work out. The program has already spent $1
billion, and we ought to get something out of it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Tierney).
The question was taken; and the Acting Chair announced that the nos
appeared to have it.
Mr. TIERNEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.
It is now in order to consider amendments printed in part B of House
Report 111-233.

Part B Amendment No. 1 offered by Mr. Flake

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated
as No. 1 in part B.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part B amendment No. 1 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enhanced Navy Shore Readiness Integration.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Let me just state, since the gentleman wouldn't yield time
at the end of his statement for me to ask, with the last earmark
amendment I had, the only information we have from the committee says
that the money is to go to Mexico for a program in Mexico, for radios
for Mexico. Afghanistan was never mentioned. If it is covered, we don't
know that.
But when the Appropriations Committee takes 18 minutes to mark up the
bill and then brings it to the floor and then the chairman of the
subcommittee won't answer a question about it, to just say, Well, it's
for Afghanistan as well, that doesn't help with this process at all.
And I think that will be the pattern today, whether to simply reserve
time and then not yield any so we can have any kind of colloquy to find
out what really is at the heart of these earmarks or what these are
really for.
So I hope that changes. I hope we have a real discussion here because
we didn't get it in the Appropriations Committee. Remember, 18 minutes
to approve a bill unanimously, with more than 1,000 earmarks in it that
nobody in the full body had seen, and we only got a copy of days before
the bill came out. Eighteen minutes.
Anyway, this amendment would prohibit $5 million from going to fund
Enhanced Navy Shore Readiness Integration. The earmark is going to
Concurrent Technologies. Now, most people who have been following this
process will know that name and know it well because Concurrent has
drawn considerable attention due to its proclivity for earmarks.
According to Taxpayers for Common Sense, Concurrent received more than
$200 million in earmarks between 2001 and 2006.
Concurrent technically is a nonprofit organization, with revenues in
the hundreds of millions of dollars. And it is receiving earmark after
earmark after earmark after earmark, although questions are raised all
over the place. According to the Center for Responsive Politics,
Concurrent Technologies' employees have donated more than $113,000 to
current members of the House Defense Appropriations Subcommittee since
1998.
Let me just use a chart here. This chart kind of explains the
phenomenon that we will see over and over and over again. And with
every earmark amendment I am offering today, this pattern exists where
Members of Congress will earmark dollars; the earmark spending goes to
the earmark recipient; the earmark recipient will then turn around; and
lobbying firms representing the earmark recipient, PACs there,
executives from the lobbying firm, executives from the company itself,
contribute handsomely to Members of Congress, and it recycles again and
again and again. Circular fund-raising, that's what we're talking about
here.
Now, I will point out that when Members of Congress request an
earmark, they are forced to sign a certification letter saying that
they have no financial interest. This kind of circular fund-raising is
not illegal, and that's not what I'm alleging at all. But is it right?
And should we, as Members of Congress, tolerate it again and again and
again when these companies like Concurrent Technologies are in the news
for having problems explaining what they've done with the earmark money
that they've received again and again? And here we go saying, Now we
have transparency and accountability, and we've changed the earmark
process, and yet here we are again appropriating more money through an
earmark to Concurrent Technologies.
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. I reserve my time.
Mr. FLAKE. Mr. Chairman, when we were discussing earmarks earlier in
the appropriation cycle, one Member defending his earmark came to the
floor and said he was getting an earmark for a university. Based on
things I've read in the papers, this college does not have a lobbyist,
either a Federal or State lobbyist. No one from the school has donated
to my campaign; nothing at the school is named after me or is proposed
to be named after me. To my knowledge, the school has never received an
earmark of any sort from the Federal Government prior to this.
I would ask the gentleman, the sponsor of the earmark, if he can make
the same statement with regard to this earmark. Have moneys come back
from the recipient of the earmark?
And I would yield him time to do so.

{time}  1115

Mr. DICKS. Mr. Chairman, I reserved my time and I will answer this on
my own time.
Mr. FLAKE. Roll Call has noted that PMA, and we will get to another
PMA earmark a little later, has been--well, let me step back just a
bit. Sunlight Foundation has noted that Concurrent Technologies paid
PMA $320,000 in lobbying fees in 2008 and received more than $14
million in earmarks sponsored by five Members, including the sponsor of
this amendment. This signifies an impressive 4,463 percent return on
investment. It's no wonder this process of circular fund-raising
continues.
According to the Center for Responsive Politics, the sponsor of this
earmark is reportedly among the five top recipients of PMA
contributions. Roll Call noted that PMA has been the largest source of
campaign contributions since 2001 and PMA and its client have

[[Page H9086]]

provided the sponsor of this earmark with nearly $200,000 in campaign
contributions since 2001.
The Acting CHAIR. The time of the gentleman has expired.
Mr. DICKS. Mr. Chairman, I rise in strong opposition to this
amendment offered by Mr. Flake.
In addressing my colleagues, I want to begin by clarifying what the
funds designated for Enhanced Navy Shore Readiness Integration are
directed to.
Several years ago the Navy adopted a significantly different approach
to managing all of its installations on U.S. soil. The commander of
Navy Installations Command operates an $8 billion enterprise for the
Nation. Now, you can imagine that when making changes in such a vast
enterprise, its leaders want to explore innovative options; but they
need to carefully evaluate ideas to find the best ones. They also need
to test out an idea as a pilot project, and that's exactly what
happened here.
The Concurrent Technologies Corporation is a nonprofit. In fact, they
just had a competitive bid which they won a few months ago. They do
great work for the United States Navy. The Navy often matches the money
that Congress puts up because the work is of such high quality. And
this company is located in Bremerton, Washington, one of its branch
offices. They do great work for Navy Region Northwest.
I don't have anything named after me. My family has no interest in
this in any way, shape, or form. This is a good, solid program; and
this company this year has no one representing it. It doesn't have a
lobbying firm. Well, the gentleman wants to make various insinuations,
but I still funded it because it was quality work. It was work that was
meritorious. And Congress has the right to do this.
Congress also has the right to review national programs. National
programs should be considered by Congress. We can either increase the
funding for them or decrease the funding for them. We have the right to
do that. Congress has the power of the purse, and we can't give it away
because it's in the Constitution. And this is an important issue.
Now, all I can tell my colleagues here is that this is a good
operation in Bremerton. They're doing fine work for the United States
Navy, and I urge a ``no'' vote.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 258 Offered by Mr. Flake

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated
as No. 258 in part B.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part B amendment No. 258 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec.__. None of the funds provided in this Act shall be
available for Reduced Manning Situational Awareness.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, before I get to the substance of the
amendment, if people out there want to know why members of the
Appropriations Committee, and particularly the Defense Subcommittee,
are loathe to talk about these earmarks and to talk about this process
and why the markup in the full committee took a full 18 minutes, this
might explain it.
If you look here to the left of this chart, 33 percent of the dollar
value of the earmarks in the Defense Appropriations bill go to just
under 4 percent of the Members of this body. One-twenty-fifth of the
Members in this body take home 33 percent of the earmarked dollars in
this appropriations bill. So I don't blame them for wanting to get
through this quickly, for having an 18-minute markup where nobody
really talks about anything; you just shove it on through and it's a
unanimous vote. If you want to know why, here it is.
But this Congress, the rest of the body, the rank-and-file Members
who aren't on that committee ought to be concerned, particularly when
over and over again there are press stories that are unflattering about
what happens when earmarks go in this fashion. The Washington Post's
top story above the fold today is another one, talking about how
Members are loathe to get rid of these pork projects in the bill or
these earmarks.
So I would submit that if anybody out there is wondering why this
process goes so quickly and Members are so disinclined to debate, why
not? If you can do it, do it. If 4 percent of the Members in this body
can take home 24 percent of the earmarks, that's a pretty good gig. But
the rest of us ought to be concerned, and I think the country is
concerned, certainly the press is reporting that there is an issue
there.
This amendment would remove $5 million for funding for the Reduced
Manning Situational Awareness program. According to the sponsor of this
program, it's a command and control system with smart sensors, 3-D
visualization, video analytics, and bandwidth management.
I'm not here to argue the merits of the program. I frankly don't have
much knowledge in that area. But what we see here again is an earmark
going to a private company. Sometimes Members will say, I'm just
working for my district; I'm just getting earmarks for economic
development in my district. In this case the company is not even
located in the sponsor's district.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I rise to claim time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I am not going to talk about the
amendment because the gentleman has conceded that the program it would
fund is essential to force protection, and that is the case.
But I think the point that I want to make is there has been a lot of
misleading information suggested here, not necessarily intentionally
and I don't think with any attempt to besmirch anyone's character. We
have heard on the cap-and-trade bill ``read the bill.'' We have heard
on the health bill, if we ever see one, ``read the bill.'' And I agree
with all of that. We ought to be reading the bills.
I don't think my friend from Arizona has read this bill, and it is
not nearly as big as the cap-and-trade bill was or the health bill will
be. But had he read the bill, he would have found on page 113, section
8115(a) that it says: ``Those which are considered congressional
earmarks for purposes of rule XXI of the House of Representatives, when
awarded to a for-profit entity, shall be awarded under full and open
competition.''
Mr. Chairman, I yield back the balance of my time.
Mr. FLAKE. Mr. Chairman, I'm glad the gentleman brought up this
phrase in the bill that it should be opened to full competition. The
reason for the earmark is to get around competition. We all know that.
Now we can have language in the bill that requires that. But I had a
meeting with some Defense Department procurement officials and the
Comptroller General a while ago, and I asked the Defense Department
officials, What is your process with these earmarks? And they said, We
subject them to full competition, basically except when we don't. So I
asked them, Can you do a random sample of earmarks in the 2009 or 2008
Defense bill and come back to me and let me know how many went to the
intended recipient for the earmark?
Mr. DICKS. Will the gentleman yield?
Mr. FLAKE. I yield.
Mr. DICKS. The gentleman obviously hasn't read the bill because it's
in the bill that you have to compete these projects if it is done by a
for-profit

[[Page H9087]]

company. Congress has passed a law saying you have to compete these. So
the gentleman is wrong in so many ways, but on this one you are really
wrong.
Mr. FLAKE. I thank the gentleman for trying to clarify that. But I
would submit that that is the process that the Defense Department says
that they follow now. So they will take this language and say that's
what we do already, except when we don't. And when they don't subject
it to full competition, they simply issue what's called a J&A. And the
J&A is the justification for why that earmark was not subject to
competition.
I have asked for months and months and months, and I'm still waiting
for some of those J&As. But we know with uncanny precision these
earmarks end up with the intended recipient and simply putting in
language in here, which my guess is will be taken out in the Senate
anyway, though it doesn't mean much in the first place, it will not
likely survive the Senate; but if it does, the Defense Department will
say we do that anyway.
If it's subject to full competition, the gentleman mentioned with
Concurrent Technologies that they had won in open competition for
another pot of money. Well, great. If they're so good, why do we have
to earmark money for them? Why don't we say compete on your own like
everybody else? That is the purpose of these earmarks, to get around
competition. That is the purpose of it. So to say, well, we inserted
language in it and that will solve it all, it simply doesn't because
the Defense Department knows who butters their bread. They know that
they need to follow with uncanny precision the intended recipient.
The Acting CHAIR. The time of the gentleman has expired.
The question is on the amendment offered by the gentleman from
Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 315 Offered by Mr. Flake

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

Part B amendment No. 315 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Body Armor Improved Ballistic Protection,
Research and Development.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, let me just finish the thought I had before.
President Bush a couple of years ago said that earmarks that end up
in the report language and not in the bill itself, like these earmarks,
that he would instruct the Federal agencies to ignore them and to
simply openly compete contracts out there. This Appropriations
Committee inserted language after the President did that and said that
the President or the Federal agencies should have to follow the
language in the report even though it wasn't legislative language.
So if we're all keen on competition here, why in the world, until the
public started to focus on it, did we instruct the Federal agencies and
say you have to take the language that's in the report as if it were
law?
Anyway, let's get to this amendment.
This amendment would remove $2.2 million in funding for KDH Defense,
for a Body Armor Improved Ballistic Protection.
I have not come here to debate the merits of the earmark. Again, I'm
not an expert in improved ballistic protection defense. But I should
say again I think people in our military are and the Pentagon is and
that they should probably make this decision rather than a single
Member of Congress.
As reported by Roll Call earlier this week, KDH Defense has received
millions in earmarks to produce an underwater swimmer detection sonar
system for the Navy to be used to protect its docks and ships. KDH's
expertise lies in sewing bulletproof vests, but reportedly this earmark
project was the first product to be delivered by KDH Electronic
Systems, a startup company affiliated with KDH.
After several years and a series of botched agreements with
subcontractors, KDH has yet to deliver this product. Based on the
statements made by the president of KDH, it doesn't appear as though
they ever will. And yet we are here today again ready to provide KDH
with millions more in taxpayer dollars.
I would ask why are we doing this when we already have information
that some of the individuals or companies that will be associated with
this earmark haven't exactly done well in the past, haven't produced
what they said they would, in some cases have little expertise in the
area that they say they do in order to get the earmark?
Mr. Chairman, I reserve the balance of my time.

{time}  1130

Mr. MURTHA. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. MURTHA. I reserve my time.
Mr. FLAKE. Mr. Chairman, again, here we have the same pattern of
circular fund-raising. Again, I am not alleging any illegal activity
here. This is legal. It is unfortunate, but it is legal for Members to
sign a certification that they have no financial interest in the
earmark. But our same Ethics Committee issues guidance to the Members
saying campaign contributions do not necessarily reflect or constitute
financial interest.
That, I would submit, Mr. Chairman, is the wrong approach, and we are
going to continue to see story after story where earmark recipients
simply don't have the capability or the inclination to deliver on the
product that they said they would deliver on, and yet they still
continue, even in this environment with investigations swirling around
all over, to receive these same earmarks.
By now, my colleagues are familiar with the PMA scandal that has
plagued this body for months. There is an investigation, at least they
are looking into it, we are told, by our own Ethics Committee here.
I am unconvinced that the PMA scandal will be the last scandal we see
in this body. I am convinced that there will be earmarks that we
approve today that later investigation will determine were not
aboveboard, that these companies receiving these earmarks simply
weren't delivering, because we have seen that again and again and
again, and yet we go through this same process as if nothing were
amiss.
I reserve the balance of my time.
Mr. MURTHA. I reserve my time.
Mr. FLAKE. Mr. Chairman, an editorial in The New York Times, entitled
``Political Animal 101,'' referred to the ``relationship between
campaign dollars and the customized appropriations they are fed by
grateful lawmakers'' as ``the ultimate in symbiotic survival and
cynical influence trading.''
That is The New York Times. There have been editorials in the
Washington Post. They have been in Roll Call and The Hill and just
about everywhere. The mainstream media has done a great job
investigating this and showing that this process leaves a lot to be
desired.
Again, it doesn't have to be illegal to be something that Members of
this body should stand up and say, you know, our House should have a
higher standard here. We ought to have a higher standard than whether
we can survive an investigation going on by the Justice Department
right now, that we ought to leave some confidence with the public that
we are doing things right here. And I would submit when you have more
than 1,000 earmarks, more than 500 of which represent no-bid contracts
to private companies like this one, then we have got a problem.
I urge support of the amendment.
The Acting CHAIR. The gentleman's time has expired.

[[Page H9088]]

Mr. MURTHA. Let me read again to the gentleman from Arizona. ``With
respect to the list of specific programs, projects and activities
contained in the tables entitled Explanation of Project Level
Adjustment in the report of the Committee on Appropriations of the
House of Representatives, those which are considered Congressional
earmarks for purpose of rule XXI of the House of Representatives, when
awarded for a profit entity, shall be awarded under full and open
competition.''
Now, let me tell you, you talk about old awards. KDH was awarded on
14 July 2090, a competitive $39.4 million contract for 65,000 vests for
the Army and Air Force. They must be doing a good job or they wouldn't
have been made that award.
I went to Iraq. They were short--would the gentleman, I know the
staff has a lot of information for him, but I would like him to listen
to what I am saying.
I went to Iraq and I found with the First Division a 44,000 shortage
of armor. The biggest complaint I get from the troops in the field--I
don't know how often you visit the field, Mr. Flake. I don't know how
often you come to the people that do this work.
When I go in the factories, their sons and daughters are working in
this place. They love the work that they do. They know they are doing
work that is under very specific guidelines set by the government.

Announcement by the Acting Chair

The Acting CHAIR. The Chair would remind Members to address their
remarks in debate to the Chair.
Mr. MURTHA. You are absolutely right. I am sorry, Mr. Chairman.
Mr. Chairman, I want you to know that when I go to visit these plants
and I see these people working, whose sons and daughters are fighting,
they know how important these vests are. They know how important the
work that they do is for the Defense Department.
I remember 20 years ago when I brought defense companies into my
district and I had 24 percent unemployment. We didn't have the
specifications. We didn't have any small business that could do the
work. We didn't get any awards. Once we learned the ISOs, once we were
able to perfect it, once we were able to compete--the people of my
district are hardworking--we got the unemployment down to below the
national level and diversified the economy.
All I can do is bring people in. I can't direct them where to do the
business of the Defense Department. They do it on their own. They are
the ones that award the contracts. I visit those plants and I see those
hardworking people. I see what they do for this great country. Not only
the troops serving in Iraq and Afghanistan, but the public who work in
these defense organizations do everything they can to help this great
country.
We put money into the budget. We have an obligation to take care of
our district. We have an obligation to take care of this great country.
And the people working in my district work hard.
I visit these plants and these bases all the time. I visit the troops
and I ask them, What are your biggest problems? The biggest problem is
employment, Mr. Chairman. The biggest problem is the fact that the
vests are too heavy for Afghanistan. They are working on trying to get
vests that aren't so heavy.
I just went out to the hospital the other day. I don't know how often
Mr. Flake goes to the hospital. I am sure he goes quite often. Every
week he probably goes to the hospital. But I will tell you this. I go
to the hospital.
I saw a young fellow who was wounded two years ago. His organs were
outside of his body for 10 days. He had a bag for about 6 months. He
got rid of the bag. They did another operation.
This goes on continuously. Nobody has done more work for the medical
profession, putting earmarks in for breast cancer, ovarian cancer, all
of those things, because we feel so strongly about it.
We want a great defense in this country, and the people working in
the defense industry do a great job. We don't appropriate this money
for anybody except the people that do the work, and if they do the
work, they are awarded the contracts. And they are competitive
contracts, and it is very clear in our bill, and it doesn't come out of
the bill. It has been in title X of the bill ever since I can remember.
They have to be competitive if they are pro-profit.
With that, I yield back the balance of my time and ask for a ``no''
vote on the amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The amendment was rejected.

Part B Amendment No. 389 Offered by Flake

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated
as No. 389 in part B.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part B amendment No. 389 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. _. None of the funds provided in this Act shall be
available for Gulf Range Mobile Instrumentation Capability.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, I want to respond a little to what the
chairman of the Defense Subcommittee said.
He mentioned some of the horrible things that are happening in Iraq
and Afghanistan. I have attended funerals myself of members who were
killed by an IED or some other measure out there that they need greater
protection from. But that is not what we are talking about here.
The reason we are here and the reason I offered the last amendment is
it is going to a firm that, according to press reports, doesn't have
the expertise to do what they intend to do and in the past have not
delivered on the promises that were made before.
We see stories again and again and again on that same theme, that
earmarks go to such companies. In fact, there is a trial going on, I
believe, right now in Florida where an earmark recipient has pled
guilty, I believe, to distributing earmark money to contractors who had
no intention of following through and delivering on the contract. That
is why we are here.
So we can talk all we want about the needs of our troops in the
field, and that is why I am offering these, because this money should
be going to our troops in the field. Instead, it is being bled off, in
some cases, according to press reports, to companies who don't know
enough about what they are doing to receive the earmark. But they are
getting an earmark and getting around competition despite the language
in this year's bill which claims that these will be subject to free and
open competition.
This particular amendment, Mr. Chairman, would remove $3 million from
funding for a Gulf Range Mobile Instrumentation Capability project.
Again, I am here not knowing the specifics of the technology here, but
I would submit that there are people in the Defense Department that
perhaps might know better than some Members. And in this case, I would
think that the chairman of the Defense Subcommittee would concede that
we shouldn't be giving money to companies that have been implicated, at
least it has been alleged, that they are under investigation.
The Wall Street Journal reviewed real estate records and reported
that many of the facilities that ProLogic, the recipient of this
earmark, uses are partly owned by the family of the CEO, and ProLogic
pays the CEO monthly rent that is higher than prevailing local rates.
ProLogic was also subpoenaed in a broader Federal investigation into
earmarks going to West Virginia, where ProLogic is headquartered.
The Wall Street Journal also noted that four of ProLogic's six
facilities were located in the congressional districts of senior
members of the House Appropriations Committee. CBS News reported that
ProLogic has spent more than $880,000 lobbying and contributed more
than $400,000 to congressional campaigns.
I should note this company has denied allegations of wrongdoing and
the status of the investigation is currently unknown.

[[Page H9089]]

But here we have a company that press reports say is either under
investigation or cooperating with an investigation, and we are still
giving it an earmark, a no-bid contract. Despite what is said about
this will be open to free and open competition, we are giving them an
earmark and saying this company at this address should get this money.
I just don't see where this connects with the speech about the needs
of our men and women in the military. Again, I will stipulate, we need
to make sure that our men and women are armed, that they have force
protection, that they have the arms and everything else they need. And
that is why I am so against this process that we have here, because we
bleed off money that should be going to our military into companies,
through no-bid contracts, who in too many cases simply aren't doing the
work that they were contracted to do.
With that, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I will claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. I don't know about the company and the concerns
that Mr. Flake has about the company. I don't even know the company,
but I know the issue and I know the needs for the Eglin Range. The Air
Force and the Navy use the eastern part of the Gulf of Mexico for just
tremendous amounts of training.
Members will recall that during the debates over oil drilling and
drilling for natural gas and doing other kinds of commercial activities
in the eastern Gulf of Mexico, we always protected the Gulf of Mexico
east of the military mission line because it was so critical to
training for our national defense, to train those pilots and those
people who are on seaborne missions, to train them so, if they do have
to go into harm's way, they will have the proper training.
This is for range sensors to help with the training of those military
training programs of the Air Force and Navy. If you recall, the debate
was very, very aggressive on that issue, and the Congress on numerous
occasions agreed that we had to protect the eastern Gulf of Mexico so
that we were free to use those areas for training.
Now, I am not going to vote for this amendment. The interesting thing
here is, I think, if Mr. Flake were a member of the Armed Services
Committee or the Appropriations Committee, he would have a better
knowledge of how that works. He may never have even heard of what we
call unfunded requirements. He may never have heard of witnesses coming
to testify before these committees on the issue of the request by the
administration for appropriations and then giving you and giving the
members of the committees a list of unfunded requirements, things that
they need that were not included by OMB in the budget request.
The Members that have been here for a while might remember that when
I first became chairman of this subcommittee, I identified every
unfunded requirement that I could and I put it on a scroll and we
rolled it across the front of this Chamber so people, Members, could
see what the military said they needed but didn't have in the budget
request.
I will give you one example. In talking about bombers at a particular
hearing some years ago, an Air Force officer said to me, You know,
these bombers are really important, but you guys aren't paying
attention to something else really important.
I said, Tell us about it. What are you talking about?

{time}  1145

He said, do you know that the tugs that we use to pull the bombers
out of the hangars to take them out to the runway, we don't have
enough? And so, if we have a large mission, we have bombers and
aircraft waiting in line to get a tug to pull them out. Well, that's an
unfunded requirement, and the committee tries to take care of those
unfunded requirements. The Defense Department, under the language that
I read earlier, must compete, no matter what the bill says, no matter
what the report says about where the committee thinks that the work
ought to go, the Defense Department has to compete it.
Now, I don't know how much more transparency we can give to Mr. Flake
if the projects are competed. But I agree with him. If someone, some
company is not doing the job properly, then they ought to be
investigated, and they ought to be taken off the list of contractors.
In fact, in my own district I had a request for an earmark in this
year's bill, and the Inspector General decided to pay that company a
visit to see about something. I'm not even sure what it was about
because they keep these investigations pretty secret.
But I pulled the request for that earmark until we work it out, until
we find out what happened here, what went wrong, what are they
investigating. And I think we ought to do that. And I don't think we
ought to be providing contracts to anyone who hasn't treated the public
trust properly. So Mr. Flake and I aren't totally in disagreement, but
we're in disagreement on this amendment because that Eastern Gulf of
Mexico range that is so important to training Air Force and Navy pilots
especially, and seaborne vehicles, is very, very important, and those
sensors are part of that training.
I yield back my time.
Mr. FLAKE. I would disagree with the gentleman. I think we're in
total agreement on this amendment. CBS News reported ProLogics
businesses are getting a lot of attention, a lot of it from the FBI,
which is investigating whether it diverted public money for its own
private profit. This company is reported to be under investigation. And
so should we be giving it an earmark?
The gentleman mentioned that he doesn't know the company. But this we
do know; that this company, it's reported by CBS and by others, that it
is under investigation, and we're giving an earmark. So when the
gentleman says that he thinks that we are in agreement that we
shouldn't give earmarks to companies that it's alleged that there's
some impropriety going on, I would submit that that's what we have
here, according to the press. And unless we know completely that
they're clean and doing good work, then we shouldn't give them an
earmark. We should instead say to the Department of Defense: you
decide. The gentleman mentioned that he doesn't know the company. Does
he know if this company is the only company that can provide these
services outlined?
Mr. MILLER of Florida. Mr. Chair, I rise in opposition to the
amendment.
I stand in vigorous support of my request for a Gulf Range Mobile
Instrumentation Capability. This capability will convey enormous long-
term benefits and provide weapons systems in a cost effective manner on
time.

District Introduction

For those of you that don't know, I represent the First District of
Florida, which is home to Eglin Air Force Base, Air Force Special
Operations Command, Naval Air Stations Pensacola and Whiting Field,
Corry Station, which hosts the Center for Information Dominance and is
the proud future home of the Joint Strike Fighter.

Argument/Justification

The project fufills a critical need. Specifically at Eglin Air Force
Base, the 46th Range Group has a need for a capability for remote test,
collection, storage and relay of various types of data. This capability
can be accomplished with a Gulf Range Mobile Instrumentation
Capability. This capability is needed to support test events which
occur over large geographic areas on both land and sea. Examples of
this testing includes Live, Virtual, Constructive test events, large
footprint weapons testing, Directed Energy testing, and hypersonic
testing.
This capability does not exist because there is a shortfall across
this nation in both adequate range space and instrumentation to
realistically test today's long-range stand-off weapons. This problem
is expanding with the enhanced performance of weapons in development.
The Eglin range remains one of the only locations to test these weapons
over its enormous land and water area. The instrumentation shortfalls
can and should be addressed today. This project would develop mobile
data acquisition capabilities to address the need for cost efficient
operations involving remote areas with multiple ranges across the
nation. As a simple example, extending a datalink, much like a wireless
network, over 150 nautical miles into the Gulf would greatly support
test operations. Test professionals need this capability and it will
help ensure that our defense test and evaluation capabilities field
cost-effective systems.
Developmental test and evaluation brings new capabilities to the
battlefield and saves lives. I have had the opportunity to watch some
of the magnificent testing conducted on the Eglin range. The 46th Test
Wing completed testing last year on the small diameter

[[Page H9090]]

bomb and it is now being employed for F-15E Strike Eagles in
Afghanistan because it offers unique low-collateral damage capability.
This testing could be expedited and improved with the instrumentation
capability we are discussing now. Future weapons testing includes
Tomahawk, Joint Direct Attack Munition, Non-Line of Sight-Launch
System, and continued testing of the Small Diameter Bomb. These
programs will all benefit from increased safety, shorter tests, and a
better product. In the end, this will convey benefits to Military
activities across the nation, as we eventually link geographically
separate ranges.
The T&E infrastructure, whether administered by a military service or
by a Defense Department entity, continues to be a target for budget
cuts year after year. In a recent letter I sent to the Secretary of
Defense, and the Undersecretary of Defense for Acquisition, Technology,
and Logistics, I questioned why the 2010 funding for Test and
Evaluation is $57.9 million below last year's level and noted that such
a lack of funding could negatively impact numerous critical Department
of Defense programs.
Five senators, including Senator Martinez and Senator Nelson,
recently sent a letter to Chairman Inouye and Senator Cochran
identifying two Test and Evaluation budget shortfalls in the FY2010
Budget. In fact, Congress created the Director of Test Resource
Management in 2003 and in conjunction with the Director of Operational
Test and Evaluation, the DTRMC is supposed to be afforded the
opportunity to certify each military service's budget every year before
it is submitted to Congress. Due to the new Administration and
different budget submission timelines, the DTRMC was not able to
certify the services' budgets for the Fiscal Year 2010 submission. In
the wake of acquisition reform, the Administration must fund areas that
contribute to long-term cost savings.
I am looking forward to seeing the contributions of the Gulf Range
Mobile Instrumentation Capability to future weapon systems. This
capability is a critical need because a shortage exists across the
nation of adequate instrumentation systems. However, investments in
test and evaluation infrastructure provide magnified benefits because
they affect so many weapon systems. The right test resources provide
weapon systems on time, in a cost-effective manner.
Mr. FLAKE. I yield back.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 432 Offered by Mr. Flake

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated
as No. 432 in part B.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part B amendment No. 432 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Ultra Low Profile EARS Gunshot Localization
System.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Just in reference to the last amendment, let me finish my
thought there. Here we have, and the ranking minority member on the
subcommittee concedes that we shouldn't be giving an earmark to a
company if there's allegations out there that they're not doing the job
that they're supposed to do, or that there's some cloud hanging over, I
would assume. And yet that's what this earmark is for.
And so I seem to hear that, yeah, that we shouldn't do that and that
my amendment would be agreed to. But all I heard were noes when my
amendment was offered. So I would hope that when it comes time to vote,
that Members will say, you know, regardless of everything else, perhaps
if it's reported that a company is under investigation, perhaps we
shouldn't be giving it an earmark until that's cleared up. And so I
would hope that that's remembered when it comes time to vote later this
day.
This amendment would strike $1.5 million from the Ultra Low Profile
EARS Gunshot Localization System. According to the sponsor's Web site,
funding for this localization will produce a completely covert
detection system which will enhance situational awareness and
survivability of our military.
Mr. Chairman, this sounds like a worthwhile project. Even though the
military did not request it, it may be something that we will
ultimately benefit from. But why are we earmarking funds again here for
a private, for-profit company that will not have to compete, regardless
of the language that's in the House bill--that will likely not survive
the Senate anyway, but which complies with regulations that the Defense
Department says they already have about competition?
According to the sponsor's Web site, Planning Systems, Incorporated,
will be the recipient of these funds. What's not included is
justification for use of taxpayer dollars to an entity that the
receiving entity of these funds was a client of now-defunct PMA Group.
We're all familiar, all too familiar with the PMA Group. The PMA Group,
and the companies it represented, donated more than $270,000 to the
sponsor of this earmark in the 2008 cycle alone. Collectively,
employees of the PMA Group and its clients have contributed nearly $1
million to the sponsor since 1998.
According to the Center for Responsive Politics, this earmark sponsor
was the third-highest recipient of contributions from PMA since 1998.
And that's not all. The recipient of this earmark, Planning Systems,
Incorporated, has contributed more than $35,000 to the campaign of the
sponsor of this earmark, again, according to the Center for Responsive
Politics.
Again, there is nothing in our House rules that prohibit this. I'm
not alleging that there are. But I'm saying that we have to stop this
process of circular fund-raising. It just looks too bad outside of this
body when we have a process where Members of Congress will earmark
spending to an earmark recipient, and that earmark recipient, through
its employees, through a PAC, through its lobbyists or through its
executives, will contribute very handsomely back to the Member of
Congress' campaign committee.
There is no other way to look at this outside of this body, I would
say, than to say we shouldn't be doing that, particularly in a process
where we're told that there are more than 1,000 earmarks in the bill,
just days before the bill comes to the floor, and we know that 552 of
those earmarks are no-bid contracts to private companies like this one.
I reserve the balance of my time.
Mr. MORAN of Virginia. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MORAN of Virginia. I rise in opposition to the amendment. I thank
the gentleman from Arizona for his conscientious scrutiny, particularly
of the appropriations process. I trust perhaps some day he will look at
the tax process, the Tax Code, which many of your colleagues are very
much aware, has far more earmarks of greater amount. But in deference
to the gentleman's concern, again, I would underscore the fact that in
this appropriations bill, we make clear, in legislation, that when
there is an earmark awarded to a for-profit entity, it shall be awarded
under full and open competition.
Now, that's legislative language. It's not intent or report language.
It's the law. I appreciate the fact that the gentleman has raised this
earmark because otherwise no attention would be given to it since it
represents about \1/1000\ of 1 percent of the entire bill, a very small
amount, $1.5 million.
Normally it would go without notice. But fortunately, the gentleman
has raised it, so it gives me an opportunity to explain what it does.
And it is quite true that Mr. Alan Friedman's firm, who is a terrific
person, CEO, and scientist, was represented by PMA, which, in fact, is
located in my Congressional district. And I'm proud to have their
support, frankly, because they too were conscientious in making sure
that

[[Page H9091]]

their earmarks were fully investigated, vetted, and competitively bid.
And, in fact, for the last three straight years, this system was
competitively bid and won.
What this system is is called the SWAT system. It is very strongly
supported by our military because it saves lives. What it does is to
enable people, special operations primarily, and intelligence assets,
that are in denied territory, and I don't need to go into detail any
further than that, to find out exactly where gunshots are coming from,
how far away, and how many snipers there are. And it's worked
exceptionally well.
What Mr. Friedman does with this small amount of money is to address
one problem with this system, which is that it's bulky. It's very
visible. It has radars, and so it's too easily detected by the enemy
so, to some extent, our people can be an easier target as a result.
What this does is to make this system virtually invisible. And for $1.5
million it's going to save hundreds of lives in our expectation; that's
why we are more than confident that when it is competitively bid, which
is required by this legislation, it will win this bid.
If the gentleman was actually to look at this system, he, even, would
vote to include the money in this bill to ensure this system is
available for our military in some of the roughest, most dangerous
terrain, so as to save their lives.
I reserve the balance of my time, Mr. Chairman.
Mr. FLAKE. I would simply ask, and maybe when he has his time back,
to explain why, if it was open to competition in the last 3 years, why
we had to earmark it this year.
The gentleman made the point that's been made again, that these have
to be subject to fair and open competition. Let me say again, the
Defense Department has said that all along. For years they've said the
same thing. We subject these earmarks to full and open competition, but
that doesn't stop Members of Congress. As soon as this bill is passed
today, there will be a flurry of press releases, I guarantee it, where
Members will say, I was successful in securing funding for this
particular program. And if it's open to competition, how do you know
that you've secured funding?
Let me just read from a couple of the press releases in the past:
I was pleased to secure funding to assist these small businesses in
Prince George's County working on projects that will benefit our
Nation's military and the safety of our troops.
That was somebody who knows the process pretty well. It's the
majority leader. He put out a press release as soon as legislation was
passed, not waiting for the competition that supposedly comes when the
project gets to the Defense Department. And like I said, tomorrow
you'll see a round of those same press releases: I was able to secure
funds, because Members know, with uncanny precision, the Defense
Department will follow these earmarks.
I would say, again, with this particular earmark it sounds like a
great program. The sponsor of the earmark indicated that this was open
to competition in the last couple of years. That's great. Why do we
have to earmark it this year?
I yield back the balance of my time.

{time}  1200

Mr. MORAN of Virginia. May I inquire how much time I have, Mr.
Chairman.
The Acting CHAIR. The gentleman has 2\1/2\ minutes.
Mr. MORAN of Virginia. Mr. Chairman, again, in case it wasn't fully
understood--this may resolve the gentleman's concern.
In the legislation, it says, again, that all earmarks, when awarded
to a for-profit entity, shall be awarded under full and open
competition.
I can't stress that enough.
Now, to address the gentleman's concern, first of all, I've never
made a press announcement about this. In fact, truth be known, I
haven't talked to Mr. Friedman for probably a year, and I certainly
didn't even let him know that this earmark was in. It was in because we
checked with military personnel, vetted it, and found that this was a
system that was a substantial improvement over what the military is
currently using, which is called the SMART System. This is the EARS
System. These are acronyms. This, as I explained, will be a much safer,
less visible system that will protect lives.
Now, Mr. Friedman is no longer represented by PMA, and I haven't had
contact with him. The fact is, at least in quite some time, this has
been in here because of the merits of the project. It's only $1.5
million, but it is highly meritorious. That's why it is in.
I grant you I know about it because it takes place, the work is done,
in my congressional district. It also represents jobs, but they're not
simply jobs for the sake of keeping people employed; they're jobs to
protect our military and civilian personnel in the most dangerous
terrain and in the most dangerous places on the planet. That's what
this does for $1.5 million.
Now, again, I have enormous respect for the people in the Pentagon,
but they don't always move with blazing speed when they are making a
change from one system to another. Oftentimes, you go with the status
quo. Even though there are deficiencies, it is the easiest thing. What
this does and the reason we put many of these earmarks in is that it
adds a new level of technology to do a better job of accomplishing its
underlying purpose.
With that, I again thank the gentleman for raising this issue.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 439 Offered by Mr. Flake

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR (Mr. Holden). The Clerk will designate the
amendment.
The text of the amendment is as follows:

Part B amendment No. 439 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for AARGM Counter Air Defense Future Capabilities.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, this amendment would prohibit $2.5 million
from being directed to Alliant Tech Systems, or ATK, for AARGM Counter
Air Defense Future Capabilities.
According to ATK's Web site, AARGM is a supersonic, medium-range,
air-launched tactical missile used by the U.S. and by allied forces.
The sponsor's Web site and certification letter state that the funds
directed to this project in the bill would enable ATK to continue to
demonstrate improvements to AARGM, particularly at longer ranges.
Now, here again, I am not going to argue the merits of the problem;
neither are most of us here. It's possible that ATK's missile system is
the best one out there, but we don't know that. I would suggest that
nobody in this body knows that, not even the sponsor of the earmark.
We don't know that because there is no way the Appropriations
Committee thoroughly vetted each of the 1,102 earmarked projects in
this bill during its 18-minute markup. We don't know that because
Members of Congress, in general, don't have the kind of expertise
required to make that determination.
In cases like these, when we're determining the kind of missiles that
best work for our Armed Forces, it seems to me that the decision is
best made by experts at the Department of Defense. Once that
determination is made, just like with any other procurement, the
contract to make these missiles ought to be competitively bid through
the DOD.
But as is the case with nearly 550 of these earmarks, we have a
handpicked private company being handed Federal funds for a project
based solely on the discretion of one Member of Congress. This is a no-
bid contract. This alone

[[Page H9092]]

should be troubling enough, but there is an additional facet.
I mentioned the problem with circular fundraising that has been
detailed by so many media organizations out there. It's getting tiring
reading these stories every day. The Associated Press reported that an
ongoing FBI investigation is ``highlighting the close ties between
special interest spending provisions, known as earmarks, and the
raising of campaign cash.''
As I mentioned, in every one of the individual earmarks that we're
discussing today, there are examples of funding going to the earmark
recipient, and then the executives from the company, their lobbyists
and the PACs are contributing large amounts of campaign dollars back to
the sponsors of the earmark. That simply doesn't look right. It may be
legal. It is.
Our Ethics Committee has said that you can get campaign contributions
in close proximity to earmarks; but Members of this body, I would
think, would want to have a higher standard here. We ought to say, you
know, maybe we don't know exactly the kind of missile systems that
ought to be used. We ought to leave that to those with a little more
expertise instead of giving a no-bid contract to a private company
which happens to be in the district or doesn't but which is simply
willing to provide a lot of campaign contributions.
So I would say, Mr. Chairman, we have to stop this process. We have
to say we can no longer afford to award no-bid contracts to private
companies, as we have done in the past, regardless of the language that
is inserted which says that all of these have to be subject to
competition.
We know how it works in the Defense Department because they say now,
over the past several years, these have to be subject to competition.
Yet, time and time again, when you look, there is an uncanny alignment
between the earmark recipient designated by the sponsor of the earmark
and the company that eventually gets the dollars.
I reserve the balance of my time.
Mr. MURTHA. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes
Mr. MURTHA. I reserve my time.
Mr. FLAKE. Mr. Chairman, again, I would say we can no longer continue
to give no-bid contracts to private companies. I would say, as I
mentioned, that for those who say we have language now in the bill--and
I would certainly yield time to the gentleman, to the chairman of the
Subcommittee on Defense--I would hope that he would agree, if they
really believe in this language and that if the Senate knocks the
language out, that we will not agree to a conference report that has
these no-bid contracts in it.
If that is the case, if we are so willing to believe that this
language actually has any force--and I don't believe it does because
the Defense Department already says that they subject these earmarks to
full competition--for those who are placing so much stock in this
language, I would assume that they agree so strongly and that they will
say these are going to be subject to competition. If the Senate strikes
that language out, I would like to hear from those here that the House
will also nullify those no-bid contracts, because we have designated
who those recipients should be.
I yield back the balance of my time.
Mr. MURTHA. Let me read to the gentleman, Mr. Chairman:
``With respect to the list of specific programs, projects and
activities contained in the tables entitled `Explanation of Project
Level Adjustments' in the Report of the Committee on Appropriations of
the House of Representatives, those which are considered congressional
earmarks for purposes of rule XXI of the House of Representatives, when
awarded to a for-profit entity, shall be awarded under full and open
competition.''
This amendment would prohibit $2.5 million for AARGM Counter Air
Defense Future Capabilities. Now, I know that Members of Congress
represent their districts. I know that Arizona gets $9.7 billion in
defense. I'm sure that this Member is not worried about the fact that
some of this money may go someplace else. I know that's not his reason
for this. It's $9.7 billion. It's fifth in the number of defense
industries throughout the country. Let me tell the Chair a story:
When I first took over the committee in 1989, I looked at one of the
projects that the Navy was working on. They made consoles for all of
the ships in the Navy, and they were paid $850,000 for those consoles.
We said, You've got to compete them. We had probably 25 to 30 hearings
that year. We had 51 trips that we sent the troops on, which is the
same as we had this year. We had 37 hearings this year, and we had
hundreds and hundreds of meetings.
This one particular program was called the Q-70. We forced them to
compete it, and it's a very interesting thing. The Navy went to the Air
Force and said, Look, we want you to buy this particular program, and
we'll buy it from you. This is so they wouldn't have to compete. Well,
the staff found out about it; and in the end, that didn't work and they
competed.
That particular console now costs $125,000 per unit. We've saved over
$1 billion. They happen to make that in my district. Some people would
say that was an earmark. We saved over $1 billion in one contract. On
another submarine torpedo contract, we saved over a half a billion
dollars.
So small business is the backbone of industry in this country. All
the growth has been in small business. These folks are working
diligently. They pay taxes. They go home every day, and they know how
important it is to do good work. They meet super-specifications from
the military. They complain all the time that the specifications are
too tough and that competition is too tough.
The first time that I brought defense companies to my district, I had
24 percent unemployment, and we couldn't get any business out of them
because none of my companies knew how to do defense work. Now, in
Arizona, they obviously know how to do defense work. They've got $9.7
billion worth of business in Arizona. Pennsylvania is not even on the
list for the amount of defense work. That's embarrassing with all of
the troops that we send. We send more National Guard members to Iraq
and Afghanistan than any other National Guard unit in the country. I've
lost 19 people in my congressional district, so I feel very strongly
about this.
Small business is the backbone. These people that I visit are working
hard. They know how tough it is. They know that they meet the
specifications, and they bid on these contracts, and they win these
contracts, and I'm proud to represent them. With that, I ask for a
``no'' vote.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 449 Offered by Mr. Flake

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

Part B amendment No. 449 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec.__. None of the funds provided in this Act shall be
available for AN/SLQ-25D Integration.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, this amendment would prohibit $8 million
from being directed to Argon ST, which is a private systems engineering
and development company headquartered in Fairfax, Virginia.
The sponsor's Web site and certification letters say that the funding

[[Page H9093]]

from this earmark would be used to upgrade current naval torpedo
defense capabilities that would enhance ship survivability against the
modern threat of a torpedo attack.
This isn't the first time that this company has received Federal
funding for a project. This project, itself, received two earmarks,
totaling $8.7 million in 2007, and $7.5 million was also allocated to
such a system in 2006.
The FEC records indicate that, since 2006, employees of the earmark
recipient, Argon ST, have donated more than $47,000 in campaign
contributions to the sponsor of the earmark. According to the Center
for Responsive Politics, the Argonne PAC made $23,000 in donations to
the sponsor's campaign and to his leadership PAC in the 2008 election
cycle.

{time}  1215

According to the FEC, this represented more than a third of all
donations of Argon's PAC made during the election cycle. In addition,
during the 2008 cycle, Argon ST was reported to be the second highest
contributor to the earmark sponsor's PAC. The funding for this earmark
may very well be vital to national defense or it may not be. We just
don't know here, I would suggest. But the earmarking system is so
opaque that the purposes and justifications for more than 1,100
earmarks in this bill are a mystery to just about everyone.
Again, the committee took a whole 18 minutes to accept this bill on
to the floor with a unanimous vote. Had this earmark been closely
examined, it would have been revealed that this earmark recipient
acquired Coherent Systems in 2007. Coherent Systems' former president
and CEO now faces Federal charges for soliciting kickbacks from a
defense contractor.
Argon ST is cooperating with Federal authorities in the investigation
and is not facing any charges. But in the wake of the Abramoff scandal
and the burgeoning PMA scandals, I would simply ask whether Congress
should be providing no-bid contracts to private companies involved in
Federal investigations. I would submit that it should not.
There is more than $2.7 billion in earmark spending in this bill.
We've had less than 2 weeks to go over 1,100 earmarks that comprise
this spending. We simply can't continue to do this.
I know the Member will stand up and say these have to be competed
out. And I will again ask the Member, and I will actually yield him the
rest of my time, if he will stand and say that if the Senate removes
this language that requires open competition, if then we will then
remove these no-bid contracts.
And I will yield to the gentleman for that. He doesn't have to take
my time. He can take his own.
Again, what I am asking is if the Senate removes the language that
Members put, I think, too much stock in because the Defense Department
says they already subject these contracts to full and open competition,
but if the Senate should remove that language, will the Members of this
body remove the no-bid contracts, 552 of them, I believe, from the
bill.
And I would yield for an answer.
I yield back my time.
Mr. MURTHA. Let me read again to the Chair.
``With respect to the list of specific programs, projects and
activities contained in the tables entitled `Explanation of Project
Level Adjustments' in the Report of the Committee on Appropriations of
the House of Representatives, those which are considered congressional
earmarks for purposes of Rule XXI of the House of Representatives, when
awarded to a for-profit entity, shall be awarded under full and open
competition.''
In this particular case, this company is doing very well. Reuters
gave them a very high rating. But what we look at is the people that
work in those places, the awarding of these contracts, the fact that
the Defense Department has such high levels of specification that they
insist on.
When you go to a defense company, they have all kinds of things that
are added that are not true in most places, and small business is the
best you can get at doing this kind of work.
During World War II, we produced 83,000 airplanes in 1 year during
1943, 30,000 tanks. There were some abuses, I'm sure. Today, we don't
have that capacity. What we worry about, if we don't have small
business doing this, it's going to go overseas, and if it goes
overseas, we're going to lose those businesses, we'll lose the ability.
We continually put ``buy American'' in our provisions, and it turns out
that it still goes overseas. Much of the airplane parts are built
overseas. Much of the parts--if we weren't careful, some of the body
armor would be built overseas because some of the companies would be
cheaper.
So we insist they be built in this country. We insist Americans do
it. And those Americans are so proud of the work that they do, they
have Americans flags there. They have pictures of the troops. They have
letters from the troops about how proud of the work they are doing, and
the government checks continually to make sure they're doing that kind
of work, and they meet those specifications.
With that, I would ask for a ``no'' vote.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Part B Amendment No. 553 Offered by Mr. Flake

Mr. FLAKE. I have an amendment at the desk designated number 553 in
part B.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part B amendment No. 553 offered by Mr. Flake:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __.  None of the funds provided in this Act shall be
available for the following projects:

------------------------------------------------------------------------
Account                        Project            Amount
------------------------------------------------------------------------
AP,N...............................   Crane Integrated        $2,000,000
Defensive Electronic
Countermeasures Depot
Capability.
DPA................................  Low Cost Military        $4,000,000
Global Positioning
System (GPS) Receiver.
OM,A...............................  TRANSIM Driver           $3,500,000
Training.
OM,AF..............................   Joint Aircrew           $2,000,000
Combined System
Tester (JCAST).
OM,ARNG............................  Multi-Jurisdictional     $3,500,000
Counter-Drug Task
Force Training.
OM,N...............................   Enhanced Navy Shore     $5,000,000
Readiness Integration.
OP,A...............................  Ft. Bragg Range 74       $1,000,000
Combined Arms
Collective Training
Facility.
OP,A...............................   Laser Marksmanship      $2,000,000
Training System.
OP,A...............................  Machine Gun Training     $3,000,000
System for the
Pennsylvania National
Guard.
OP,A...............................  Multi-Temperature        $3,500,000
Refrigerated
Container System.
OP,A...............................  Radio Personality        $3,000,000
Modules for SINCGARS
Test Sets.
P,MC...............................  Portable Military        $1,500,000
Radio Communications
Test Set.
PANMC..............................  Enhanced Laser Guided    $4,500,000
Training Round.
RDTE,A.............................  Advanced Composite       $2,000,000
Armor for Force
Protection.

[[Page H9094]]

RDTE,A.............................  Advanced Composite       $5,000,000
Research for Vehicles.
RDTE,A.............................  AN/ALQ 211 Networked     $1,000,000
EW Controller.
RDTE,A.............................  Army Vehicle Condition   $5,000,000
Based Maintenance.
RDTE,A.............................   Defense Support for     $1,000,000
Civil Authorities for
Key Resource
Protection.
RDTE,A.............................  Dermal Matrix Research   $2,000,000
RDTE,A.............................  Effects Based            $2,000,000
Operations Decision
Support Services.
RDTE,A.............................  Eye-Safe Standoff        $2,500,000
Fusion Detection of
CBE Threats.
RDTE,A.............................  Fire Shield...........   $4,000,000
RDTE,A.............................  Fully Burdened Cost of   $3,500,000
Fuel and Alternative
Energy Methodology
and Conceptual Model.
RDTE,A.............................  Heavy Fuel Engine        $4,000,000
Family for Unmanned
Systems.
RDTE,A.............................  Highlander Electro-      $2,000,000
Optical Sensors.
RDTE,A.............................  Hostile Fire Indicator   $2,000,000
for Aircraft.
RDTE,A.............................  Javelin Warhead          $5,000,000
Improvement Program.
RDTE,A.............................  Joint Precision          $2,300,000
AirDrop Systems-Wind
Profiling Portable
Radar.
RDTE,A.............................  Lightweight Metal        $4,000,000
Alloy Foam for Armor.
RDTE,A.............................  Mobile Integrated        $2,000,000
Diagnostic and Data
Analysis.
RDTE,A.............................  Nanotechnology for       $2,000,000
Potable Water and
Waste Treatment.
RDTE,A.............................   Rapid Response Force    $2,000,000
Projection Systems.
RDTE,A.............................  Reduced Manning          $5,000,000
Situational Awareness.
RDTE,A.............................  Remote Bio-Medical       $3,500,000
Detector.
RDTE,A.............................  Universal Control.....   $2,500,000
RDTE,AF............................  Advanced Modular         $3,100,000
Avionics for
Operationally
Responsive Satellite
Use.
RDTE,AF............................  Cyber Attack and         $4,000,000
Security Environment.
RDTE,AF............................  Demonstration and        $1,000,000
Validation of
Renewable Energy
Technology.
RDTE,AF............................  Long-Loiter, Load        $5,000,000
Bearing Antenna
Platform for
Pervasive Airborne
Intelligence.
RDTE,AF............................   Rivet Joint Services    $2,500,000
Oriented Architecture.
RDTE,AF............................  Senior Scout             $3,000,000
Communications
Intelligence (COMINT)
Capability Upgrade.
RDTE,DW............................  Gulf Range Mobile        $3,000,000
Instrumentation
Capability.
RDTE,DW............................  Hand-held, Lethal        $1,000,000
Small Unmanned
Aircraft System.
RDTE,DW............................  Low Cost Stabilized      $1,000,000
Turret.
RDTE,DW............................   Mosaic Camera           $2,000,000
Technology Transition.
RDTE,DW............................   Ultra Low Profile       $1,500,000
EARS Gunshot
Localization System.
RDTE,DW............................   United States Special   $2,000,000
Operations Command--
USSOCOM/STAR-TEC
Partnership Program.
RDTE,N.............................  76mm Swarmbuster         $2,000,000
Capability.
RDTE,N.............................  Advanced Battery         $2,000,000
System for Military
Avionics Power
Systems.
RDTE,N.............................  Advanced Capability      $2,000,000
Build 12 and 14.
RDTE,N.............................   Advanced Composite      $2,000,000
Manufacturing for
Composite High-Speed
Boat Design.
RDTE,N.............................   Advanced                $2,000,000
Manufacturing for
Submarine Bow Domes
and Rubber Boots.
RDTE,N.............................  Air Readiness/           $2,000,000
Effectiveness
Measurement Program.
RDTE,N.............................  AN/SLQ--25D              $8,000,000
Integration.
RDTE,N.............................  Autonomous Anti-         $2,000,000
Submarine Warfare
Vertical Beam Array
Sonar.
RDTE,N.............................  Common Command and       $4,000,000
Control System Module.
RDTE,N.............................  EP-3E Requirements       $6,250,000
Capability Migration
Systems Integration
Lab.
RDTE,N.............................  High Density Power       $1,500,000
Conversion and
Distribution
Equipment.
RDTE,N.............................   Hybrid Propulsion/      $2,000,000
Power Generation for
Increased Fuel
Efficiency for
Surface Combatants.
RDTE,N.............................  Integrated Advanced      $1,500,000
Ship Control.
RDTE,N.............................   Integrated Condition    $1,000,000
Assessment and
Reliability
Engineering.
RDTE,N.............................   Joint Explosive         $2,000,000
Ordnance Disposal
Diver Situational
Awareness System.
RDTE,N.............................  Joint Tactical Radio     $4,500,000
System Handheld
Manpack Small Form
Factor Radio System.
RDTE,N.............................  Management of Lung       $1,500,000
Injury by
Micronutrients.
RDTE,N.............................  Micro-Drive for Future     $600,000
HVAC Systems.
RDTE,N.............................  Military Upset           $1,000,000
Recovery Training.
RDTE,N.............................  Modular Advanced         $2,000,000
Vision System.
RDTE,N.............................  Navy Advanced Threat     $2,000,000
Simulator.
RDTE,N.............................  Next Generation          $2,000,000
Electronic Warfare
Simulator.
RDTE,N.............................  Paragon (Frequency       $3,000,000
Extension).
RDTE,N.............................  Persistent               $2,000,000
Surveillance Wave
Powerbuoy System.

[[Page H9095]]

RDTE,N.............................  Submarine Fatline        $2,000,000
Vector Sensor Towed
Array.
RDTE,N.............................  Submarine Navigation     $5,000,000
Decision Aids.
RDTE,N.............................  Wide Area Sensor Force   $2,000,000
Protection Targeting.
RDTE,N(MC).........................  Global Supply Chain      $1,000,000
Management.
------------------------------------------------------------------------

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, let me note before I start this amendment,
again I ask the chairman that if the Senate nullified the language
requiring free and open competition, that the House would say, Okay, we
will remove these no-bid contracts. I didn't hear an answer to that.
I would suggest that we know full well the Senate will remove that
language. I think we put too much stock in the language anyway, but the
Senate will surely remove it, because not to remove it might force some
Senators to think they might not be able to secure funding for their
earmark, and we know that's not going to happen.
So, if we were serious about this language, if we were serious about
free and open competition, we wouldn't be earmarking in this fashion.
Full stock.
Mr. Chairman, I would ask unanimous consent that this amendment be
modified in the form I placed at the desk.
Mr. MURTHA. I object.
The Acting CHAIR. Objection is heard.
Mr. FLAKE. This amendment would prohibit nearly $200 million for more
than 70 earmarks for former clients of the PMA Group that would be
funded in this bill.
We are now all familiar with the PMA scandal that I think is in the
beginning stages and certainly not the end. PMA Group was a prominent
lobbying firm that specialized in obtaining defense earmarks for its
clients, whose offices were recently raided by the FBI, according to
The Hill, as part of a Federal investigation into politically corrupt--
potentially corrupt political contributions. The lobbying firm has
ceased operations and shuttered its political action committee, but not
before, according to The New York Times, leaving a detailed blueprint
of how the political money churn works in Congress.
PMA is emblematic of the troubling circular fund-raising that's
become entrenched in the current earmarking process. CQ Today noted
that the firm has charged $107 million in lobbying fees from 2000 to
2008. Safe to say, the PMA Group was associated with showering Members
of Congress with campaign cash.
According to the Center for Responsive Politics, since 1998, the firm
and its clients have given $40.3 million total to the candidate
committees and leadership PACs of 514 lawmakers, nearly every Member of
the current Congress. The Center also reported that members of the
Defense Appropriations Subcommittee have collected nearly $1 million in
campaign cash since 1998 from PMA employees and the firm's PAC. If you
include contributions from employees and PACs of the parent companies
and subsidiaries of PMA clients, the total jumps to nearly $8 million
over the last decade.
In review of the 2008 PMA earmarks, the Sunlight Foundation noted
that 40 organizations whose sole lobbyist was PMA had an average return
on their lobbying fee investment of more than 2,700 percent. Clients of
the firm received at least $300 million worth of earmarks in fiscal
year 2009 appropriations legislation, including several that were
approved even after news that the FBI raided the firm's office and the
justice investigation into the firm was well known. That was earlier
this year.
The omnibus spending bill that we approved in January, had money for
PMA clients in there just weeks after it was revealed that the PMA's
offices had been raided, and we still didn't scrub them out. I would
submit if we're not going to do it then, when would we do it?
I believe there are 70 earmarks in this bill for former clients of
PMA. And we have had several privileged resolutions, of which I think
at one count 29 members of the majority party, and nearly all members
of the majority party, agreed that we should have the ethics committee
look into the relationship between PMA and campaign dollars that have
come to this Congress.
I reserve the balance of my time.
Mr. MURTHA. I rise in opposition.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. MURTHA. I reserve my time.
Mr. FLAKE. May I inquire as to the time remaining?
The Acting CHAIR. The gentleman has 1 minute remaining.
Mr. FLAKE. I would yield the remainder of my time to the gentleman
from Illinois (Mr. Kirk).
Mr. KIRK. I rise in support of this amendment. Coming from Illinois,
we know the pace and timing of a Federal investigation. I think it's
fairly clear that PMA and several principals will now be indicted.
To protect this House and to protect the Appropriations Committee, I
think having a strategic pause in the spending of this money is
necessary. It's clear that PMA and its key folks with so many Federal
resources now dedicated to this investigation are going to face Federal
criminal prosecution.
So to protect this House, this is a wise amendment to put forward to
make sure that we can be beyond reproach. As someone who comes from
Governor Blagojevich's State and already knows how Federal prosecutions
and work goes forward, so many resources have been put forward on this
case already that it is clear that an indictment is coming forward. And
to protect this House, I think we should adopt the amendment.
Mr. MURTHA. I rise in opposition to the amendment. Let me read to the
House again--the one Member keeps mentioning over and over again the
same thing I'm going to mention.
``With respect to the list of specific programs, projects and
activities contained in the tables entitled `Explanation of Project
Level Adjustments' in the Report of the Committee on Appropriations of
the House of Representatives, those which are considered congressional
earmarks for purposes of Rule XX1 of the House of Representatives, when
awarded to a for-profit entity, shall be awarded under full and open
competition.
As I mentioned, I hope that there is no Member that's trying to
protect their own Defense money--$9.7 billion in Arizona--that this is
not the reason that there is opposition to these things.
But I don't say that under any circumstances. One thing I say is we
put money in for projects. We don't put it in because of any one
Representative.
Last year--this PMA is defunct, and this year, we've put the projects
in that we thought were worthwhile, not because they're from a
Representative, because they don't represent them any more. Those
projects are in the budget because Members, themselves, thought they
were good projects.
And with that, I ask a ``no'' on the amendment.
Mr. FRANKS of Arizona. Mr. Chair, my voting record has consistently
demonstrated my support for a full investigation of The PMA Group, its
lobbying activities, and the relationship between Member budget
requests and campaign contributions by the House Committee on Standards
of Official Conduct. I also publicly maintain that all budget requests
that The PMA Group lobbied on behalf of should not be funded by the
taxpayers. I intend to vote ``aye'' on this amendment.
Mr. Murtha. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

En Bloc Amendment Offered by Mr. Flake

Mr. FLAKE. Mr. Chairman, I offer an en bloc amendment made in order
under the rule.

[[Page H9096]]

The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendments en bloc consisting of all the amendments printed
in part B of House Report 111-233 offered by Mr. Flake:

Amendment No. 1

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enhanced Navy Shore Readiness Integration.

Amendment No. 2

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Army CH-47 Helicopter Forward and Aft Hook
Project.

Amendment No. 3

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Army National Guard UH-60 Rewiring Program.

Amendment No. 4

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Internal Auxiliary Fuel Tank system.

Amendment No. 5

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a C-130 Active Noise Cancellation System.

Amendment No. 6

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Civil Air Patrol.

Amendment No. 7

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Large Aircraft Podded Infrared Countermeasures
Systems for Air Force Reserve KC-135.

Amendment No. 8

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Skills Management Command Portal.

Amendment No. 9

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the AN/AAR-47D(V)X Missile Warning System.

Amendment No. 10

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Crane Integrated Defensive Electronic
Countermeasures Depot Capability.

Amendment No. 11

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Universal Avionics Recorder Wireless Flight
Download Data.

Amendment No. 12

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Composite Operational Health and Occupational
Risk Tracking System.

Amendment No. 13

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Armor and Structures Transformation
Initiative-Steel to Titanium.

Amendment No. 14

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Flexible Aerogel Materials Supplier
Initiative.

Amendment No. 15

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the High Performance Thermal Battery
Infrastructure Project.

Amendment No. 16

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Aluminum Oxy-Nitride and Spinel Optical
Ceramics.

Amendment No. 17

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Inventory for Defense Applications.

Amendment No. 18

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Low Cost Military Global Positioning System
(GPS) Receiver.

Amendment No. 19

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Metal Injection Molding Technological
Improvements.

Amendment No. 20

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Navy Production Capacity Improvement Project.

Amendment No. 21

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Radiation Hardened Cryogenic Read Out
Integrated Circuits.

Amendment No. 22

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Counter-Threat Finance--Global.

Amendment No. 23

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Air-Supported Temper Tent.

Amendment No. 24

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the New Jersey Technology Center.

Amendment No. 25

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Electronics and Personal Cooling.

Amendment No. 26

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Anti-Corrosion Nanotechnology Solutions for
Logistics.

Amendment No. 27

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Army Force Generation Synchronization Tool.

Amendment No. 28

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Common Logistics Operating System.

[[Page H9097]]

Amendment No. 29

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Fort Benning National Incident Management
System Compliant Installation Operations Center.

Amendment No. 30

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Ground Combat System Knowledge Center and
Technical Inspection Data Capture.

Amendment No. 31

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Initiative to Increase Minority
Participation in Defense.

Amendment No. 32

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Logistics Interoperability.

Amendment No. 33

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an M24 Sniper Weapons System Upgrade.

Amendment No. 34

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Modular Command Post Tent.

Amendment No. 35

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Secure Remote Monitoring Systems.

Amendment No. 36

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Military Lens System Fabrication and Assembly.

Amendment No. 37

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Net-Centric Decision Support Environment Sense
and Respond Logistics.

Amendment No. 38

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Operational/Technical Training Validation for
Joint Maneuver Forces at Fort Bliss.

Amendment No. 39

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for TRANSIM Driver Training.

Amendment No. 40

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for UH-60 Leak Proof Drip Pans.

Amendment No. 41

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Autonomous Robotic Inspections for
Aging Aircraft.

Amendment No. 42

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Engine Health Management Plus Data
Repository Center.

Amendment No. 43

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Joint Aircrew Combined System Tester (JACST).

Amendment No. 44

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Warner Robins Air Logistics Center Strategic
Airlift Aircraft Availability Improvement.

Amendment No. 45

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Joint Interoperability Coordinated Operations
and Training Exercise.

Amendment No. 46

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Army National Guard M939A2 Repower Program.

Amendment No. 47

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multi-Jurisdictional Counter-Drug Task Force
Training.

Amendment No. 48

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for UH-60 Leak Proof Drip Pans.

Amendment No. 49

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Multi-Climate Protection System.

Amendment No. 50

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an LSD-41/49 Diesel Engine Low Load Upgrade
Kit.

Amendment No. 51

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Hydroacoustic Low Frequency Source Generation
Systems.

Amendment No. 52

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Force Protection Boats (Small).

Amendment No. 53

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Enhanced Detection Adjunct Processor.

Amendment No. 54

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Deployable Joint Command and Control Shelter
Upgrade Program.

Amendment No. 55

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Adaptive Diagnostic Electronic Portable
Testset.

Amendment No. 56

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for One AF/One Network Infrastructure for the
Pennsylvania National Guard.

Amendment No. 57

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for One AF/One Network Infrastructure.

[[Page H9098]]

Amendment No. 58

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Aircrew Body Armor and Load Carriage Vest
System.

Amendment No. 59

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Air National Guard Joint Threat Emitter--
Savannah Combat Readiness Training Centers.

Amendment No. 60

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Virtual Interactive Combat Environment
Training System for the Virginia National Guard.

Amendment No. 61

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ultralight Utility Vehicles for the National
Guard.

Amendment No. 62

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Radio Personality Modules for SINCGARS Test
Sets.

Amendment No. 63

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Multi-Temperature Refrigerated Container
System.

Amendment No. 64

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mobile Defensive Fighting Position.

Amendment No. 65

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Machine Gun Training System for the
Pennsylvania National Guard.

Amendment No. 66

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Laser Marksmanship Training System.

Amendment No. 67

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Ft. Bragg Range 74 Combined Arms Collective
Training Facility.

Amendment No. 68

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the ATIS Maintenance and Enhancement Program.

Amendment No. 69

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Ultra Lightweight Camouflage Net System
(ULCANS).

Amendment No. 70

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a MGPTS Type III or Rapid Deployable Shelter.

Amendment No. 71

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Flame Resistant High Performance Apparel.

Amendment No. 72

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Thorium/Magnesium Excavation--Blue Island.

Amendment No. 73

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Special Operations Forces Modular Glove
System.

Amendment No. 74

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a WMD Multi-Sensor Response and Infrastructure
Project System.

Amendment No. 75

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Autonomous Sustainment Cargo Container.

Amendment No. 76

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Atomized Magnesium Domestic Production Design
and Development.

Amendment No. 77

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Army Vehicle Condition Based Maintenance.

Amendment No. 78

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Army Portable Oxygen Concentration System.

Amendment No. 79

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for ARL 3DE Model-Based Inspection and Scanning.

Amendment No. 80

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Antioxidant Micronutrient Therapeutic
Countermeasures.

Amendment No. 81

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Anti-Microbial Bone Graft Product.

Amendment No. 82

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an AN/ALQ 211 Networked EW Controller.

Amendment No. 83

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Aluminum Armor Project.

Amendment No. 84

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an All Composite Bus Program.

Amendment No. 85

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Tactical Laser Flashlight.

Amendment No. 86

At the end of the bill (before the short title), insert the
following:

[[Page H9099]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Reactive Armor Systems.

Amendment No. 87

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Radar Transceiver IC Development.

Amendment No. 88

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Rarefaction Weapon Engineered System.

Amendment No. 89

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Packaging Materials for Combat
Rations.

Amendment No. 90

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Lithium Ion Phosphate Battery
System for Army Combat Hybrid HMMWV and Other Army Vehicle
Platforms.

Amendment No. 91

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Lightweight Gunner Protection Kit for
Lightweight MRAP Vehicle.

Amendment No. 92

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Ground EW and Signals Intelligence
System.

Amendment No. 93

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Flexible Solar Photovoltaic
Technologies.

Amendment No. 94

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Field Artillery Tactical Data System.

Amendment No. 95

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Digital Hydraulic Drive System.

Amendment No. 96

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Detection of Explosives.

Amendment No. 97

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Conductivity Program.

Amendment No. 98

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Composites for Light Weight, Low Cost
Transportation Systems using a 3+ Ring Extruder.

Amendment No. 99

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Composite Research for Vehicles.

Amendment No. 100

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Composite Ammunition Magazine/Mount
System.

Amendment No. 101

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Composite Armor for Force Protection.

Amendment No. 102

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Carbon Hybrid Battery for Hybrid
Electric Vehicles.

Amendment No. 103

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Bonded Diamond for Optical
Applications.

Amendment No. 104

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Affordable Turbine Engine Program.

Amendment No. 105

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Acid Alkaline Direct Methanol Fuel Cell.

Amendment No. 106

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Enhanced Laser Guided Training Round.

Amendment No. 107

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Small Caliber Ammunition Production
Modernization.

Amendment No. 108

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Magneto Inductive Remote Activation Munitions
System (MI-RAMS) M156/M39 Kits and M40 Receivers.

Amendment No. 109

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Military Radio Communications Test
Set.

Amendment No. 110

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Armored Wall System.

Amendment No. 111

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Microclimate Cooling Unit for M1 Abrams Tank.

Amendment No. 112

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Marine Corps MK 1077 Flatracks.

Amendment No. 113

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Special Operations Forces Combat Assault
Rifle.

Amendment No. 114

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for SOPMOD II (M4 Carbine Rail System).

[[Page H9100]]

Amendment No. 115

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Light Mobility Vehicle--Internally
Transportable Vehicle.

Amendment No. 116

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ballistic Armor Research.

Amendment No. 117

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Beneficial Infrastructure for Rotorcraft Risk
Reduction.

Amendment No. 118

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Bio-Printing of Skin for Battlefield Burn
Repairs.

Amendment No. 119

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Blood Safety and Decontamination Technology.

Amendment No. 120

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Breast Cancer Medical Information Network
Decision Support.

Amendment No. 121

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Brownout Situational Awareness Sensor.

Amendment No. 122

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Buster/Blacklight UAV Development.

Amendment No. 123

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Cadmium Emissions Reduction-Letterkenny Army
Depot.

Amendment No. 124

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Capabilities Expansion of Spinel Transparent
Armor Manufacturing.

Amendment No. 125

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Carbide Derived Carbon for Treatment of Combat
Related Sepsis.

Amendment No. 126

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Cellular Therapy for Battlefield Wounds.

Amendment No. 127

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ceramic and MMC Armor Development using Ring
Extruder Technology.

Amendment No. 128

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a CERDEC Integrated Tool Control System.

Amendment No. 129

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Chronic Tinnitus Treatment Program.

Amendment No. 130

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Clinical Technology Integration for Military
Health.

Amendment No. 131

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Collagen-Based Wound Dressing.

Amendment No. 132

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Combat Medic Trainer.

Amendment No. 133

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Command, Control, Communications Technology.

Amendment No. 134

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Compact Biothreat Rapid Analysis Concept.

Amendment No. 135

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Composite Small Main Rotor Blades.

Amendment No. 136

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Compostable and Recyclable Fiberboard Material
for Secondary Packaging.

Amendment No. 137

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Conversion of Municipal Solid Waste to
Renewable Diesel Fuel.

Amendment No. 138

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Crewmember Alert Display Development Program.

Amendment No. 139

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Current Force Common Active Protection System
Radar.

Amendment No. 140

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Cyber Threat Analytics.

Amendment No. 141

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Defense Support for Civil Authorities for Key
Resource Protection.

Amendment No. 142

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Defense Support to Civil Authorities Automated
Support System.

Amendment No. 143

At the end of the bill (before the short title), insert the
following:

[[Page H9101]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Dermal Matrix Research.

Amendment No. 144

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Development of Improved Lighter-Weight IED/EFP
Armor Solutions.

Amendment No. 145

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for De-Weighting Military Vehicles through Advanced
Composites Manufacturing Technology.

Amendment No. 146

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Diabetes Care in the Military.

Amendment No. 147

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Domestic Production of Nanodiamond for Military
Applications.

Amendment No. 148

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Drive System Composite Structural Component
Risk Reduction Program.

Amendment No. 149

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Dual Stage Variable Energy Absorber.

Amendment No. 150

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Effects Based Operations Decision Support
Services.

Amendment No. 151

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Electric All Terrain Ultra Light Vehicle for
the Minnesota National Guard.

Amendment No. 152

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Electrically Charged Mesh Defense Net Troop
Protection System.

Amendment No. 153

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Electronic Combat and Counter Terrorism Threat
Developments to Support Joint Forces.

Amendment No. 154

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enabling Optimization of Reactive Armor.

Amendment No. 155

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enhancing the Commercial Joint Mapping Toolkit
to Support Tactical Military Operations.

Amendment No. 156

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Environmentally Intelligent Moisture and
Corrosion Control for Concrete.

Amendment No. 157

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Execution of a Quality Systems Program for
FDA Regulation Activities.

Amendment No. 158

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Extended Duration Silver Wound Dressing-Phase
II.

Amendment No. 159

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Eye-Safe Standoff Fusion Detection of CBE
Threats.

Amendment No. 160

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Field Deployable Hologram Production System.

Amendment No. 161

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Fire Shield.

Amendment No. 162

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Flu Vaccine Technology Program.

Amendment No. 163

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Foil Bearing Supported UAV Engine.

Amendment No. 164

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Fuel System Component Technology Research.

Amendment No. 165

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Fully Burdened Cost of Fuel and Alternative
Energy Methodology and Conceptual Model.

Amendment No. 166

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Fused Silica for Large-Format Transparent
Armor.

Amendment No. 167

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Gas Engine Driven Air Conditioning.

Amendment No. 168

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Geospatial Airship Research Platform.

Amendment No. 169

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Headborne Energy Analysis and Diagnostic
System.

Amendment No. 170

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Heavy Fuel Engine Family for Unmanned
Systems.

Amendment No. 171

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Strength Glass Production and
Qualification for Armor Applications.

[[Page H9102]]

Amendment No. 172

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Highlander Electro-Optical Sensors.

Amendment No. 173

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High-Volume Manufacturing Development for Thin-
film Lithium Stack Battery Technologies.

Amendment No. 174

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hostile Fire Indicator for Aircraft.

Amendment No. 175

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Human Organ and Tissue Preservation Technology.

Amendment No. 176

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hybrid Electric Drive All Terrain Vehicle.

Amendment No. 177

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hybrid Electric Heavy Truck Vehicle.

Amendment No. 178

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Improved Thermal Batteries for Guided
Munitions.

Amendment No. 179

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Improved Thermal Resistant Nylon for Enhanced
Durability and Thermal Protection in Combat Uniforms.

Amendment No. 180

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Infection Prevention Program for Battlefield
Wounds.

Amendment No. 181

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Infectious and Airborne Pathogen Reduction.

Amendment No. 182

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Injection Molded Ceramic Body Armor.

Amendment No. 183

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ink-based Desktop Electronic Material
Technology.

Amendment No. 184

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Defense Technical Information.

Amendment No. 185

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integrated Family of Test Equipment V6
Product Improvement Program.

Amendment No. 186

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integrated Lightweight Tracker System.

Amendment No. 187

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Intelligence, Surveillance and
Reconnaissance (ISR) Simulation Integration Laboratory.

Amendment No. 188

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Intelligent Energy Control Systems.

Amendment No. 189

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Intensive Quenching for Advanced Weapon
Systems.

Amendment No. 190

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Inter Turbine Burner for Turbo Shaft
Engines.

Amendment No. 191

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for IR-Vascular Facial Fingerprinting.

Amendment No. 192

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an IUID Data Platform.

Amendment No. 193

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Javelin Warhead Improvement Program.

Amendment No. 194

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Joint Fires and Effects Trainer System
Enhancements.

Amendment No. 195

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Joint Precision AirDrop Systems-Wind
Profiling Portable Radar.

Amendment No. 196

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Large Format Li-Ion Battery.

Amendment No. 197

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Lens-Less Dual-Mode Micro Seeker for Medium-
Caliber Guided Projectiles.

Amendment No. 198

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Lightweight 10-meter Antenna Mast.

Amendment No. 199

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Magnesium Parts for Military
Applications.

Amendment No. 200

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Metal Alloy Foam for Armor.

[[Page H9103]]

Amendment No. 201

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Lightweight Munitions and Surveillance System
for Unmanned Air and Ground Vehicles.

Amendment No. 202

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Lightweight Packing System for Enhancing
Combat Munitions Logistics.

Amendment No. 203

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Polymer Designs for Soldier Combat
Optics.

Amendment No. 204

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Protective Roofing.

Amendment No. 205

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight, Battery Driven, and Battlefield
Deployment Ready NG Feeding Tube Cleaner.

Amendment No. 206

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a LW25 Gun System and Demonstration.

Amendment No. 207

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an M109A6 Paladin.

Amendment No. 208

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Medical Biosurveillance and Efficiency
Program.

Amendment No. 209

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Medium Caliber Metal Parts Upgrade.

Amendment No. 210

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Micro Inertial Navigation Unit Technology.

Amendment No. 211

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Micromachined Switches in Support of
Transformational Communications Architecture.

Amendment No. 212

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Mid-Infrared Super Continuum Laser.

Amendment No. 213

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Military Drug Management Center.

Amendment No. 214

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mobile Integrated Diagnostic and Data Analysis.

Amendment No. 215

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Mobile Mesh Network Node.

Amendment No. 216

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Mobile Power 30 kW System Power Control Unit
Development Project.

Amendment No. 217

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Model for Green Laboratories and Clean Rooms.

Amendment No. 218

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mortar Anti-Personnel/Anti-Material Technology.

Amendment No. 219

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a MOTS All Sky Imager.

Amendment No. 220

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multi-layer Co-extrusion for High Performance
Packaging.

Amendment No. 221

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multiplexed Human Fungal Infection Diagnostics.

Amendment No. 222

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Nanocrystal Source Display.

Amendment No. 223

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Nanofluid Coolants.

Amendment No. 224

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Nanotechnology for Potable Water and Water
Treatment.

Amendment No. 225

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Nanotechnology Fuze.

Amendment No. 226

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Nanotechnology-Enabled Self-Healing Anti-
Corrosion Coating Products.

Amendment No. 227

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Networked Reliability and Safety Early
Evaluation System.

Amendment No. 228

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Neural Control of External Devices.

Amendment No. 229

At the end of the bill (before the short title), insert the
following:

[[Page H9104]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Next Generation Communications System.

Amendment No. 230

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Next Generation Green, Economical and Automated
Production of Composite Structures for Aerospace.

Amendment No. 231

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Next Generation Wearable Video Capture
System.

Amendment No. 232

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Night Vision and Electronic Sensors
Directorate.

Amendment No. 233

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Non-Leaching Antimicrobial Surface for
Orthopedic Devices.

Amendment No. 234

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Novel Zinc Air Power Sources for Military
Applications.

Amendment No. 235

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an OMNI Active Vibration Control System.

Amendment No. 236

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Optimization of the US Army Topographic Data
Management Enterprise.

Amendment No. 237

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Optimizing Natural Language Processing of Open
Source Intelligence.

Amendment No. 238

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Pacific Command Renewable Energy Security
Systems.

Amendment No. 239

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Personal Miniature Thermal Viewer.

Amendment No. 240

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Personal Status Monitor.

Amendment No. 241

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Plasma Sterilizer.

Amendment No. 242

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Polymeric Web Run-Flat Tire Inserts for Convoy
Protection.

Amendment No. 243

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Fuel Cell Power Source.

Amendment No. 244

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Portable Mobile Emergency Broadband Systems.

Amendment No. 245

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Sensor for Toxic Gas Detection.

Amendment No. 246

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Power Efficient Microdisplay Development for US
Army Night Vision.

Amendment No. 247

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Precision Guidance Kit Technology Development.

Amendment No. 248

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Precision Guided Airdropped Equipment.

Amendment No. 249

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Predictive Casting Modeling for Rapid
Production of Critical Defense Components.

Amendment No. 250

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Printed and Conformal Electronics for Military
Applications.

Amendment No. 251

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Protein Hydrogel for Surgical Repair of
Battlefield Injuries.

Amendment No. 252

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Qualification and Insertion of New High
Temperature Domestic Sourced PES for Military Aircraft.

Amendment No. 253

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Rapid Response Force Projection Systems.

Amendment No. 254

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Rapid Wound Healing Cell Technology.

Amendment No. 255

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Rare Earth Mining Separation and Metal
Production.

Amendment No. 256

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Reactive Materials.

Amendment No. 257

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Recovery, Recycle, and Reuse of DOE Metals for
DoD Applications.

Amendment No. 258

At the end of the bill (before the short title), insert the
following:

[[Page H9105]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Reduced Manning Situational Awareness.

Amendment No. 259

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Reducing First Responder Casualties with
Physiological Monitoring.

Amendment No. 260

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Remote Bio-Medical Detector.

Amendment No. 261

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Scalable Efficient Power for Armament Systems
and Vehicles Dual Use.

Amendment No. 262

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Self Powered Prosthetic Limb Technology.

Amendment No. 263

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Sensor Tape Physiological Monitoring.

Amendment No. 264

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Shared Vision.

Amendment No. 265

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a SHARK Precision Guided Artillery Round--
105mm.

Amendment No. 266

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Silent Watch, IB NPS 1160 Lithium-Ion
Advanced Battery.

Amendment No. 267

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Silver Fox and Manta Unmanned Aerial Systems.

Amendment No. 268

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Smart Machine Platform Initiative.

Amendment No. 269

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Smart Oil Sensor.

Amendment No. 270

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Smart Wound Dressing for MRSA Infected
Battlefield Wounds.

Amendment No. 271

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Soldier Situational Awareness Wristband.

Amendment No. 272

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Solid Oxide Fuel Cell Powered Tactical
Charger.

Amendment No. 273

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Solid State Process of Titanium Alloys for
Advanced Material Armaments.

Amendment No. 274

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Specialized Compact Automated Mechanical
Clearance Platform.

Amendment No. 275

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Standard Ground Station--Enhancement Program.

Amendment No. 276

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Superlattice Semiconductors for Mobile SS
Lighting and Solar Power Applications.

Amendment No. 277

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Surveillance Augmentation Vehicle.

Amendment No. 278

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Tactical Cogeneration System.

Amendment No. 279

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Tactical Metal Fabrication System (TacFab).

Amendment No. 280

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Tamper Proof Organic Packaging as Applied to
Remote Armament Systems.

Amendment No. 281

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Technologies for Military Equipment
Replenishment.

Amendment No. 282

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Telepharmacy Robotic Medicine Device Unit.

Amendment No. 283

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Testing of Microneedle Device for Multiple
Applications.

Amendment No. 284

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Tire to Track Transformer System for Light
Vehicles.

Amendment No. 285

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Treatment of Battlefield Spinal Cord and Burn
Injuries.

Amendment No. 286

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Tungsten

[[Page H9106]]

Heavy Alloy Penetrator and Warhead Development.

Amendment No. 287

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for UH-60 Transmission/Gearbox Galvanic Corrosion
Reduction.

Amendment No. 288

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ultra Light Metallic Armor.

Amendment No. 289

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ultra Light Weight Transmissions.

Amendment No. 290

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Universal Control.

Amendment No. 291

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Unmanned Robotic System Utilizing a
Hydrocarbon Fueled Solid Oxide Fuel Cell System.

Amendment No. 292

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Vanadium Safety Readiness.

Amendment No. 293

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Video Compression Technology.

Amendment No. 294

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Voice Recognition and Cross Platform Speech
Interface Upgrades.

Amendment No. 295

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for VTOL Man-Rated UAV and UGV for Medical Multi-
Missions and CASEVAC.

Amendment No. 296

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Waterside Wide Area Tactical Coverage and
Homing.

Amendment No. 297

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Wireless HUMS for Condition Based Maintenance
of Army Helicopters.

Amendment No. 298

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Wireless Medical Monitoring System.

Amendment No. 299

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for 3D Bias Woven Perform Development.

Amendment No. 300

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Propulsion Non-Tactical Vehicle.

Amendment No. 301

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Elecromagnetic Location of IEDs
Defeat System.

Amendment No. 302

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Deformable Mirrors for High Energy
Laser Weapons.

Amendment No. 303

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Electronic Components for Sensor
Arrays.

Amendment No. 304

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Lithium Battery Scale-up and
Manufacturing.

Amendment No. 305

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Modular Avionics for Operationally
Responsive Satellite Use.

Amendment No. 306

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Vehicle Propulsion Center.

Amendment No. 307

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for ALC Logistics Integration Environment.

Amendment No. 308

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Algae-Derived Jet Fuel for Air Force
Applications.

Amendment No. 309

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for AT-6B Demonstration for ANG.

Amendment No. 310

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for B-1 AESA Radar Operational Utility Evaluation.

Amendment No. 311

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for B-52 Tactical Data Link Capability.

Amendment No. 312

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ballistic Missile Technology.

Amendment No. 313

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a BATMAV Program Miniature Digital Data Link.

Amendment No. 314

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Big Antennas Small Structures Efficient
Tactical UAV.

Amendment No. 315

At the end of the bill (before the short title), insert the
following:

[[Page H9107]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Body Armor Improved Ballistic Protection,
Research and Development.

Amendment No. 316

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Command and Control Service Level
Management (C2SLM) Program.

Amendment No. 317

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Corrosion Detection and Visualization
Program.

Amendment No. 318

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for COTS Technology for Space Command and Control.

Amendment No. 319

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Cyber Attack and Security Environment.

Amendment No. 320

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Development and Testing of Advanced Hybrid
Rockets for Space Applications.

Amendment No. 321

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Distributed Mission Interoperability Toolkit
(DMIT).

Amendment No. 322

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Domestic Manufacturing of 45nm Electronics.

Amendment No. 323

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Efficient Utilization of Transmission
Hyperspace.

Amendment No. 324

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Eglin AFB Range Operations Control Center.

Amendment No. 325

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Transportable Renal Replacement Therapy for
Battlefield Applications.

Amendment No. 326

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for EMI Grid Fabrication Technology.

Amendment No. 327

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Florida National Guard Total Force
Integration.

Amendment No. 328

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Gallium Nitride (GaN) Microelectronics and
Materials.

Amendment No. 329

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for GAPS/AWS Horizontal Integration.

Amendment No. 330

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the Hawaii Microalgae Biofuel Project.

Amendment No. 331

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Bandwith, High Energy Storage, Exawatt
Laser Glass Development.

Amendment No. 332

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Energy Li-Ion Technology for Aviation
Batteries.

Amendment No. 333

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a High Pressure Pure Air Generator System.

Amendment No. 334

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Hybrid Bearings.

Amendment No. 335

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Hybrid Nanoparticle-based Coolant Technology
Development and Manufacturing.

Amendment No. 336

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integrated Engine Starter/Generator.

Amendment No. 337

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Propulsion Analysis and Spacecraft
Engineering Tools (IPAT/ISET).

Amendment No. 338

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Large Area, APVT Materials Development for High
Power Devices.

Amendment No. 339

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Laser Peening for Friction Stir Welded
Aerospace Structures.

Amendment No. 340

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Long-Loiter, Load Bearing Antenna Platform for
Pervasive Airborne Intelligence.

Amendment No. 341

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Low-Defect Density Gallium Nitride Materials
for High-Performance Electronic Devices.

Amendment No. 342

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Micromachined Switches for Next Generation
Modular Satellites.

Amendment No. 343

At the end of the bill (before the short title), insert the
following:

[[Page H9108]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multilingual Text Mining Platform for
Intelligence Analysts.

Amendment No. 344

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multi-Mode Propulsion Phase IIA; High
Performance Green Propellant.

Amendment No. 345

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Multiple UAS Cooperative Concentrated
Observation and Engagement Against a Common Ground Object.

Amendment No. 346

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Open Source Research Centers.

Amendment No. 347

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Planar Lightwave Circuit Development for High
Power Military Laser Applications.

Amendment No. 348

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Predator C.

Amendment No. 349

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Production of Nanocomposites for Aerospace
Applications.

Amendment No. 350

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Reconfigurable Secure Computing.

Amendment No. 351

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Rivet Joint Services Oriented Architecture.

Amendment No. 352

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Senior Scout Communications Intelligence
(COMINT) Capability Upgrade.

Amendment No. 353

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Small Turbofan Versatile Affordable Advanced
Turbine Engine Program.

Amendment No. 354

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Technical Order Modernization Environment.

Amendment No. 355

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Watchkeeper.

Amendment No. 356

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Wavelength Agile Spectral Harmonic Oxygen
Sensor and Cell-Level Battery Controller.

Amendment No. 357

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Wire Integrity Technology.

Amendment No. 358

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Battery Technology.

Amendment No. 359

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Decision Support System.

Amendment No. 360

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Development of Antiviral Prophylactics
and Therapeutics.

Amendment No. 361

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Technologies Sensors and Payloads/
Unattended SIGINT Node.

Amendment No. 362

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for AELED IED/WMD Electronic Signature Detection.

Amendment No. 363

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Affordable Miniature FOPEN Radar Special
operations Craft--Riverine (SOC-R).

Amendment No. 364

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Affordable Robust Mid-Sized Unmanned Ground
Vehicle.

Amendment No. 365

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the AESA Technology Insertion Program.

Amendment No. 366

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Autonomous Control and Video Sensing for
Robots.

Amendment No. 367

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Autonomous Machine Vision for Mapping and
Investigation of Remote Sites.

Amendment No. 368

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Battle-Proven Packbot.

Amendment No. 369

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Biometric Optical Surveillance System.

Amendment No. 370

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Botulinum Neurotoxin Research.

Amendment No. 371

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Botulinum Toxin Treatment Therapy.

[[Page H9109]]

Amendment No. 372

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Broad Spectrum Therapeutic Countermeasure to OP
Nerve Agents.

Amendment No. 373

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for California Enhanced Defense Small Manufacturing
Suppliers Program.

Amendment No. 374

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Carbon Nanotube Thin Film Near Infrared
Detector.

Amendment No. 375

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Chemical and Biological Resistance Clothing.

Amendment No. 376

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Chemical and Biological Threat Reduction
Coating.

Amendment No. 377

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Copper-Base Casting Technology Applications.

Amendment No. 378

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Corrosion Resistant Ultrahigh-Strength Steel
for Landing Gear.

Amendment No. 379

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Covert Waveform for Software Defined Radios.

Amendment No. 380

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Distributed Network Swtiching and Security.

Amendment No. 381

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for DLA VetBiz Initiative for National Sustainment.

Amendment No. 382

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for End to End Semi Fab Alpha Tool.

Amendment No. 383

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enhancement of Geo-location Systems.

Amendment No. 384

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Environmentally Friendly Nanometal
Electroplating Processes for Cadmium and Chromium
Replacement.

Amendment No. 385

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Facility Security Using Tactical Surveys.

Amendment No. 386

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Flashlight Soldier-to-Soldier Combat
Identification System.

Amendment No. 387

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a GMTI Radar for Class II UAVs.

Amendment No. 388

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hand-held, Lethal Small Unmanned Aircraft
System.

Amendment No. 389

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Gulf Range Mobile Instrumentation Capability.

Amendment No. 390

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Hand-Held Apparatus for Mobile Mapping and
Expedited Reporting.

Amendment No. 391

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for helicopter Cable Warning and Obstacle
Avoidance.

Amendment No. 392

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Accuracy Network Determination System--
Intelligent Optical Networks.

Amendment No. 393

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Speed Optical Interconnects for Next
Generation Supercomputing.

Amendment No. 394

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hybrid Power Generating System.

Amendment No. 395

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for HyperAcute Vaccine Development.

Amendment No. 396

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Improving Support to the Warfighter.

Amendment No. 397

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Analysis Environment.

Amendment No. 398

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integrated Rugged Checkpoint Container.

Amendment No. 399

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Intelligence, Surveillance, and Reconnaissance
Global Sensors Architecture (ISR-GSA).

Amendment No. 400

At the end of the bill (before the short title), insert the
following:

[[Page H9110]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Joint Gulf Range Complex Test and Training.

Amendment No. 401

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Joint Services Aircrew Mask Don/Doff Inflight
Upgrade.

Amendment No. 402

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lifetime Power for Wireless Control Sensors.

Amendment No. 403

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Low Cost Stabilized Turret.

Amendment No. 404

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Material, Design and Fabrication Solutions for
Advanced SEAL Delivery System External Structural Components.

Amendment No. 405

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for MEMS Sensors for Real-Time Sensing of
Weaponized Pathogens.

Amendment No. 406

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Miniature Day Night Sight for Crew Served
Weapons.

Amendment No. 407

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Miniaturized Chemical Detector for Chemical
Warfare Protection.

Amendment No. 408

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mismatch Repair Derived Antibody Medicines to
Treat Staphylococcus-derived Bioweapons.

Amendment No. 409

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Missile Activity and Characteristics--
Releasable.

Amendment No. 410

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Moldable Fabric Armor.

Amendment No. 411

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mosaic Camera Technology Transition.

Amendment No. 412

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Multi-target Shipping Container Interrogation
System Mobile Continuous Air Monitor.

Amendment No. 413

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for National Radio Frequency Research, Development
and Technology Transfer.

Amendment No. 414

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Optical Surveillance Equipment.

Amendment No. 415

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Device for Latent Fingerprint
Identification.

Amendment No. 416

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Portable Rapid Bacterial Warfare Detection
Unit.

Amendment No. 417

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Potent Human Monoclonal Antibodies Against BoNT
A, B and E Suited for Mass Production and Treatment of Large
Populations.

Amendment No. 418

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Protective Self-Decontaminating Surfaces.

Amendment No. 419

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Radio Inter-Operability System.

Amendment No. 420

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Reduced Cost Supply Readiness.

Amendment No. 421

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Regenerative Filtration System for CBRN
Defense.

Amendment No. 422

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Remote VBIED Detection and Defeat System.

Amendment No. 423

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Rigid Aeroshell Variable Bouyancy Air
Vehicle.

Amendment No. 424

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Science, Technology, Engineering and
Mathematics (STEM) Initiative.

Amendment No. 425

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Sea Catcher UAS Launch and Recovery System.

Amendment No. 426

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Secure, Miniaturized, Hybrid, Free Space,
Optical Communications.

Amendment No. 427

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Self-decontaminating Polymer System for
Chemical and Biological Warfare Agents.

Amendment No. 428

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Tactical, Cargo, and Rotary Wing Aircraft
Decon.

[[Page H9111]]

Amendment No. 429

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Thermal Pointer/Illuminator for Force
Protection.

Amendment No. 430

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Total Perimeter Surveillance.

Amendment No. 431

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for UAV Directed Energy Weapons Systems Payloads.

Amendment No. 432

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Ultra Low Profile EARS Gunshot Localization
System.

Amendment No. 433

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Under-Vehicle Inspection System.

Amendment No. 434

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Unified Management Infrastructure System.

Amendment No. 435

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a United States Special Operations Command--
USSOCOM/STAR-TEC Partnership Program.

Amendment No. 436

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a United States Special Operations Command--
SOCRATES High Assurance Platform Program.

Amendment No. 437

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an X-Band/W-Band Solid State Power Amplifier.

Amendment No. 438

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a 76mm Swarmbuster Capability.

Amendment No. 439

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for AARGM Counter Air Defense Future Capabilities.

Amendment No. 440

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Accelerating Fuel Cells Manufacturability.

Amendment No. 441

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Battery System for Military
Avionics Power Systems.

Amendment No. 442

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Capacity Build 12 and 14.

Amendment No. 443

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Advanced Composite Manufacturing for Composite
High-Speed Boat Design.

Amendment No. 444

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Fuel Filtration System.

Amendment No. 445

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Logistics Fuel Reformer for Fuel
Cells (Phase II).

Amendment No. 446

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Advanced Manufacturing for Submarine Bow
Domes and Rubber Boats.

Amendment No. 447

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Aegis Research and Development.

Amendment No. 448

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Air Readiness/Effectiveness Measurement
Program.

Amendment No. 449

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for AN/SLQ-25D Integration.

Amendment No. 450

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Arc Fault Circuit Breaker with Arc Location.

Amendment No. 451

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Automated Missile Tracking.

Amendment No. 452

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Autonomous Anti-Submarine Warfare Vertical Beam
Array Sonar.

Amendment No. 453

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Autonomous UUV Delivery and Communication
System Integration.

Amendment No. 454

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Bow Lifting Body Project.

Amendment No. 455

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Common Command and Control System Module.

Amendment No. 456

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Common Digital Sensor Architecture.

Amendment No. 457

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Common Safety System Controller.

[[Page H9112]]

Amendment No. 458

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Continuous Active Sonar for Torpedo DCL
Systems.

Amendment No. 459

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Cooperative Engagement Capability.

Amendment No. 460

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Countermine LIDAR UAV-Based Systems.

Amendment No. 461

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Electronic Motion Actuation Systems.

Amendment No. 462

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an EP-3E Requirements Capability Migration
Systems Integration Lab.

Amendment No. 463

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Floating Area Network Littoral Sensor Grid.

Amendment No. 464

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Flow Path Analysis Tool.

Amendment No. 465

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Gallium Nitride (GaN) Power Technology.

Amendment No. 466

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an HBCU Applied Research Incubator.

Amendment No. 467

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for High Density Power Conversion and Distribution
Equipment.

Amendment No. 468

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a High Power Density Motor Drive.

Amendment No. 469

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Highly Integrated Siloxane Optical
Interconnect for Military Avionics.

Amendment No. 470

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a High-Shock 100 Amp Current Limiting Circuit
Breaker.

Amendment No. 471

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a High-Temperature Superconductor Trap Field
Magnet Motor.

Amendment No. 472

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Hybrid Propulsion/Power Generation for
Increased Fuel Efficiency for Surface Combatants.

Amendment No. 473

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Image-Based Navigation and Precision Targeting.

Amendment No. 474

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Improved Kinetic Energy Cargo Round.

Amendment No. 475

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Infrared Materials Laboratory.

Amendment No. 476

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Advanced Ship Control.

Amendment No. 477

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Condition Assessment and Reliability
Engineering.

Amendment No. 478

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Integrated Power System Power Dense Harmonic
Filter Design.

Amendment No. 479

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integrated Psycho-Social Healthcare
Demonstration Project.

Amendment No. 480

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Integration of Advanced Wide Field of View
Sensor with Reusable, Reconfigureable Payload Processing
Testbed System.

Amendment No. 481

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Intelligent Retrieval of Imagery.

Amendment No. 482

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an IP over Power Line Carrier Network
Integration with ICAS.

Amendment No. 483

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Joint Explosive Ordnance Disposal Diver
Situational Awareness System.

Amendment No. 484

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Joint Tactical Radio System Handheld Manpack
Small Form Factor Radio System.

Amendment No. 485

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Kinetic Hydropower System Turbine.

Amendment No. 486

At the end of the bill (before the short title), insert the
following:

[[Page H9113]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Landing Craft Composite Lift Fan.

Amendment No. 487

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Laser Optimization Remote Lighting System.

Amendment No. 488

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Laser Phalanx.

Amendment No. 489

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Composite Structure Development for
Aerospace Vehicles.

Amendment No. 490

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lithium Ion Storage Advancement for Aircraft
Applications.

Amendment No. 491

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Low Frequency Active Towed Sonar System
Organic ASW Capability.

Amendment No. 492

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Low Signature Defensive Weapon System for
Surface Combatant Craft.

Amendment No. 493

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Maintenance Free Operating Period.

Amendment No. 494

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Maintenance Planning and Assessment Technology
Insertion.

Amendment No. 495

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Management of Lung Injury by Micronutrients.

Amendment No. 496

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Marine Corps Cultural and Language Training
Platform.

Amendment No. 497

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Marine Mammal Awareness, Alert and Response
Systems.

Amendment No. 498

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Marine Mammal Detection System.

Amendment No. 499

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Micro-Drive for Future HVAC Systems.

Amendment No. 500

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Military Upset Recovery Training.

Amendment No. 501

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Mobile, Oxygen, Ventilation and External
(MOVES) System.

Amendment No. 502

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Modular Advanced Vision System.

Amendment No. 503

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Mold-in-Place Coating Development for the U.S.
Submarine Fleet.

Amendment No. 504

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Moving Target Indicator Scout Radar.

Amendment No. 505

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Multi-Mission Unmanned Surface Vessel.

Amendment No. 506

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a NAVAIR High Fidelity Oceanographic Library.

Amendment No. 507

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Navy Advanced Threat Simulator.

Amendment No. 508

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Next Generation Electronic Warfare Simulator.

Amendment No. 509

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Next Generation Scalable Lean Manufacturing
Initiative--Phase Two.

Amendment No. 510

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Next Generation Shipboard Integrated Power--
Fuel Efficiency and Advanced Capability Enhancer.

Amendment No. 511

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Non Traditional Ballistic Fiber and Fabric
Weaving Applications for Force Protection.

Amendment No. 512

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Open Source Naval and Missile Database
Reporting System.

Amendment No. 513

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Out of Autoclave Composite Processing.

Amendment No. 514

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Paragon (Frequency Extension).

Amendment No. 515

At the end of the bill (before the short title), insert the
following:

[[Page H9114]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Passive RFID Development.

Amendment No. 516

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Persistent Autonomous Maritime Surveillance.

Amendment No. 517

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Persistent Surveillance Wave Powerbuoy
System.

Amendment No. 518

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Photovoltaic Rooftop Systems for Military
Housing.

Amendment No. 519

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Precision Engagement Technologies for Unmanned
Systems.

Amendment No. 520

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Pure Hydrogen Supply from Logistics Fuels.

Amendment No. 521

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Quiet Drive Advanced Rotary Actuator.

Amendment No. 522

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Regenerative Fuel Cell Back-up Power.

Amendment No. 523

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Ship Model Testing.

Amendment No. 524

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Shipboard Wireless Maintenance Assistant.

Amendment No. 525

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Shipboard Wireless Network.

Amendment No. 526

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Silicon Carbide Wafer Production--Process
Development for Low Defect Power Electronics.

Amendment No. 527

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for SSBN(X) Systems Development.

Amendment No. 528

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Submarine Automated Test and Re-Test.

Amendment No. 529

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Submarine Fatline Vector Sensor Towed Array.

Amendment No. 530

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Submarine Navigation Decision Aids.

Amendment No. 531

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Submarine Panoramic Awareness System.

Amendment No. 532

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Submarine System Biometrics Access Control.

Amendment No. 533

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Tactical High Speed Anti-Radiation Missile
Propulsion Demonstration.

Amendment No. 534

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Underwater Explosion Modeling and Simulation
for Ohio Class Replacement Composite Non-Pressure Hull
Fairing.

Amendment No. 535

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Underwater Explosion Modeling and Simulation
for Voyage Repair Team Tool Management.

Amendment No. 536

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Wide Area Sensor Force Protection Targeting.

Amendment No. 537

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Workforce Requirements Planning--Team
Enhancement.

Amendment No. 538

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for X-49A Envelope Expansion Modifications.

Amendment No. 539

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Battlefield Sensor Netting.

Amendment No. 540

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Enhanced Small Arms Protective Insert.

Amendment No. 541

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Near Infrared Optical Augmentation System.

Amendment No. 542

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Remote Aiming and Sighting Optical Retrofit.

Amendment No. 543

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for an Intelligent Graphics Torpedo Test Set
Troubleshooting Maintainers Aid.

Amendment No. 544

At the end of the bill (before the short title), insert the
following:

[[Page H9115]]

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Lightweight Torpedo P5U Test Equipment
Modernization.

Amendment No. 545

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Life Support for Trauma and Transport.

Amendment No. 546

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for environmentally Sealed, Ruggedized Avionics
Displays.

Amendment No. 547

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for RDT&E for the Family of Heavy Tactical Vehicles
(FHTV).

Amendment No. 548

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Hyper Spectral Sensor for Improved Force
Protection.

Amendment No. 549

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Enhanced Driver Situational Awareness.

Amendment No. 550

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for a Clinical Trial to Investigate Efficacy of
Human Skin Substitute.

Amendment No. 551

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for Army/Joint STARS Surveillance and Control Data
Link Technology Refresh.

Amendment No. 552

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __. None of the funds provided in this Act shall be
available for the MacDill Air Force Base Online Technology
Program.

Amendment No. 553

At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __.  None of the funds provided in this Act shall be
available for the following projects:

------------------------------------------------------------------------
Account                        Project            Amount
------------------------------------------------------------------------
AP,N...............................   Crane Integrated        $2,000,000
Defensive Electronic
Countermeasures Depot
Capability.
DPA................................  Low Cost Military        $4,000,000
Global Positioning
System (GPS) Receiver.
OM,A...............................  TRANSIM Driver           $3,500,000
Training.
OM,AF..............................   Joint Aircrew           $2,000,000
Combined System
Tester (JCAST).
OM,ARNG............................  Multi-Jurisdictional     $3,500,000
Counter-Drug Task
Force Training.
OM,N...............................   Enhanced Navy Shore     $5,000,000
Readiness Integration.
OP,A...............................  Ft. Bragg Range 74       $1,000,000
Combined Arms
Collective Training
Facility.
OP,A...............................   Laser Marksmanship      $2,000,000
Training System.
OP,A...............................  Machine Gun Training     $3,000,000
System for the
Pennsylvania National
Guard.
OP,A...............................  Multi-Temperature        $3,500,000
Refrigerated
Container System.
OP,A...............................  Radio Personality        $3,000,000
Modules for SINCGARS
Test Sets.
P,MC...............................  Portable Military        $1,500,000
Radio Communications
Test Set.
PANMC..............................  Enhanced Laser Guided    $4,500,000
Training Round.
RDTE,A.............................  Advanced Composite       $2,000,000
Armor for Force
Protection.
RDTE,A.............................  Advanced Composite       $5,000,000
Research for Vehicles.
RDTE,A.............................  AN/ALQ 211 Networked     $1,000,000
EW Controller.
RDTE,A.............................  Army Vehicle Condition   $5,000,000
Based Maintenance.
RDTE,A.............................   Defense Support for     $1,000,000
Civil Authorities for
Key Resource
Protection.
RDTE,A.............................  Dermal Matrix Research   $2,000,000
RDTE,A.............................  Effects Based            $2,000,000
Operations Decision
Support Services.
RDTE,A.............................  Eye-Safe Standoff        $2,500,000
Fusion Detection of
CBE Threats.
RDTE,A.............................  Fire Shield...........   $4,000,000
RDTE,A.............................  Fully Burdened Cost of   $3,500,000
Fuel and Alternative
Energy Methodology
and Conceptual Model.
RDTE,A.............................  Heavy Fuel Engine        $4,000,000
Family for Unmanned
Systems.
RDTE,A.............................  Highlander Electro-      $2,000,000
Optical Sensors.
RDTE,A.............................  Hostile Fire Indicator   $2,000,000
for Aircraft.
RDTE,A.............................  Javelin Warhead          $5,000,000
Improvement Program.
RDTE,A.............................  Joint Precision          $2,300,000
AirDrop Systems-Wind
Profiling Portable
Radar.
RDTE,A.............................  Lightweight Metal        $4,000,000
Alloy Foam for Armor.
RDTE,A.............................  Mobile Integrated        $2,000,000
Diagnostic and Data
Analysis.
RDTE,A.............................  Nanotechnology for       $2,000,000
Potable Water and
Waste Treatment.
RDTE,A.............................   Rapid Response Force    $2,000,000
Projection Systems.
RDTE,A.............................  Reduced Manning          $5,000,000
Situational Awareness.
RDTE,A.............................  Remote Bio-Medical       $3,500,000
Detector.
RDTE,A.............................  Universal Control.....   $2,500,000
RDTE,AF............................  Advanced Modular         $3,100,000
Avionics for
Operationally
Responsive Satellite
Use.
RDTE,AF............................  Cyber Attack and         $4,000,000
Security Environment.

[[Page H9116]]

RDTE,AF............................  Demonstration and        $1,000,000
Validation of
Renewable Energy
Technology.
RDTE,AF............................  Long-Loiter, Load        $5,000,000
Bearing Antenna
Platform for
Pervasive Airborne
Intelligence.
RDTE,AF............................   Rivet Joint Services    $2,500,000
Oriented Architecture.
RDTE,AF............................  Senior Scout             $3,000,000
Communications
Intelligence (COMINT)
Capability Upgrade.
RDTE,DW............................  Gulf Range Mobile        $3,000,000
Instrumentation
Capability.
RDTE,DW............................  Hand-held, Lethal        $1,000,000
Small Unmanned
Aircraft System.
RDTE,DW............................  Low Cost Stabilized      $1,000,000
Turret.
RDTE,DW............................   Mosaic Camera           $2,000,000
Technology Transition.
RDTE,DW............................   Ultra Low Profile       $1,500,000
EARS Gunshot
Localization System.
RDTE,DW............................  United States Special    $2,000,000
Operations Command--
USSOCOM / STAR-TEC
Partnership Program.
RDTE,N.............................  76mm Swarmbuster         $2,000,000
Capability.
RDTE,N.............................  Advanced Battery         $2,000,000
System for Military
Avionics Power
Systems.
RDTE,N.............................  Advanced Capability      $2,000,000
Build 12 and 14.
RDTE,N.............................   Advanced Composite      $2,000,000
Manufacturing for
Composite High-Speed
Boat Design.
RDTE,N.............................   Advanced                $2,000,000
Manufacturing for
Submarine Bow Domes
and Rubber Boots.
RDTE,N.............................  Air Readiness/           $2,000,000
Effectiveness
Measurement Program.
RDTE,N.............................  AN/SLQ-25D Integration   $8,000,000
RDTE,N.............................  Autonomous Anti-         $2,000,000
Submarine Warfare
Vertical Beam Array
Sonar.
RDTE,N.............................  Common Command and       $4,000,000
Control System Module.
RDTE,N.............................  EP-3E Requirements       $6,250,000
Capability Migration
Systems Integration
Lab.
RDTE,N.............................  High Density Power       $1,500,000
Conversion and
Distribution
Equipment.
RDTE,N.............................   Hybrid Propulsion/      $2,000,000
Power Generation for
Increased Fuel
Efficiency for
Surface Combatants.
RDTE,N.............................  Integrated Advanced      $1,500,000
Ship Control.
RDTE,N.............................   Integrated Condition    $1,000,000
Assessment and
Reliability
Engineering.
RDTE,N.............................   Joint Explosive         $2,000,000
Ordnance Disposal
Diver Situational
Awareness System.
RDTE,N.............................  Joint Tactical Radio     $4,500,000
System Handheld
Manpack Small Form
Factor Radio System.
RDTE,N.............................  Management of Lung       $1,500,000
Injury by
Micronutrients.
RDTE,N.............................  Micro-Drive for Future     $600,000
HVAC Systems.
RDTE,N.............................  Military Upset           $1,000,000
Recovery Training.
RDTE,N.............................  Modular Advanced         $2,000,000
Vision System.
RDTE,N.............................  Navy Advanced Threat     $2,000,000
Simulator.
RDTE,N.............................  Next Generation          $2,000,000
Electronic Warfare
Simulator.
RDTE,N.............................  Paragon (Frequency       $3,000,000
Extension).
RDTE,N.............................  Persistent               $2,000,000
Surveillance Wave
Powerbuoy System.
RDTE,N.............................  Submarine Fatline        $2,000,000
Vector Sensor Towed
Array.
RDTE,N.............................  Submarine Navigation     $5,000,000
Decision Aids.
RDTE,N.............................  Wide Area Sensor Force   $2,000,000
Protection Targeting.
RDTE,N(MC).........................  Global Supply Chain      $1,000,000
Management.
------------------------------------------------------------------------

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from Arizona (Mr. Flake) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. I thank the chairman.
As my colleagues are aware, I submitted 553 amendments to the Rules
Committee, each seeking to strike an earmark that was listed by the
sponsoring Member as going to a private for-profit earmark--553
amendments. Nearly half of these--I'm sorry. There are 1,102 earmarks
representing $2.7 billion. This is not chump change. This is a lot of
money going out the door. I'm sorry. I said 553. 552 are listed as
going to for-profit companies. If a dollar amount is attached to these
earmarks, it's $1.3 billion, comprising nearly half of the earmarked
dollars in the bill. I simply do not believe, and I think the country
agrees, that we should be doing no-bid contracts for private companies.
As much as the Members on the other side of the aisle, and this side
aisle, as much of the members of the Appropriations Subcommittee will
say that these are going to be competed out, we know that they won't
be.
We had testimony from the Comptroller General's office in the
Government Reform Committee. He said there is no automated database
that provides insight into the extent of competition achieved on
congressional earmarks. I have been trying for literally months to get
some insight into this process. And we were told, as I mentioned, we
were told we do compete these out, but then when I asked them to do a
random sample of earmarks in a prior bill, they came back and confessed
that with uncanny precision, these earmarks find their way to the
intended recipients.
This process will not change because language has been submitted in
this bill just saying they must now be competed. If the Members really
believe that statement, then they would agree that if the Senate
nullifies that language, that they would strike these no-bid contracts
and say that the Defense Department should simply make them all open to
competition.

{time}  1230

But we know that they're not going to do that because the Members
here know the Senate is not going to agree to that language. Even if
they did, the Defense Department confesses here: There is no way to
really track these,

[[Page H9117]]

but with uncanny precision, even though they've had a process that they
claim subjects these earmarks to open competition, they aren't
subjected to open competition. They know that unless they follow the
guidelines in these conference reports that they may not get funding
next year.
Mr. DICKS. Will the gentleman yield?
Mr. FLAKE. I yield to the gentleman from Washington.
Mr. DICKS. If, in fact, we do wind up competing these projects, which
is the intent of our committee, wouldn't the gentleman say that that is
a major step forward in correcting his concern, if they were, in fact,
competed?
Mr. FLAKE. If they were, in fact, competed, we wouldn't need to
earmark them. That's the point. An earmark is a way around competition.
We've seen it in other appropriations bills, and it's no different here
in defense. You earmark dollars because you want that company, either
in your district or out, to be sure to receive that funding. That's why
in the certification letters the Members say, This earmark is to go to
this recipient at this address.
Mr. DICKS. Will the gentleman yield on that point?
Mr. FLAKE. I yield to the gentleman.
Mr. DICKS. Because, again, the gentleman may not understand the
process. It is because that is the company that has made the request of
the Member of Congress. The Member of Congress now realizes that it is
going to be competed, that it isn't going to necessarily go to that
company. I think that is a good reform. I supported it in the
Appropriations Committee.
Also, by the way, for the gentleman's knowledge, all of these
earmarks, every single earmark, was vetted with the Department of
Defense before the committee staff and Members considered those
amendments. They were looked at by the Department of Defense.
Mr. FLAKE. Reclaiming my time, I would submit that if it's going to
be subjected to competition, there is no reason to name the recipient
organization that's to get the earmark.
Mr. DICKS. They're the ones that made the request.
Mr. FLAKE. Excuse me. I have very limited time.
The Acting CHAIR. The gentleman from Arizona controls the time.
Mr. FLAKE. May I inquire as to the time remaining?
The Acting CHAIR. The gentleman from Arizona has 45 seconds
remaining.
Mr. FLAKE. As I mentioned, I have very little time. I will say that
if we believe in that language, then we would agree that if the Senate
nullifies it, then we would take out these no-bid contracts. Would the
gentleman agree to that?
Mr. DICKS. I think we ought to fight for that language in conference
to do the very best we can to prevail and to keep that language.
Mr. FLAKE. I would submit that the gentleman knows full well that the
Senate will not retain that language, that that bill will come back to
the House without that language, and that we, unless we take a stand
here--and we can with this amendment--and simply strike funding for
those, if these companies are great--some of them are, I'm sure--then
they'll win these contracts. If they're not, they won't. But the Member
won't be earmarking and saying, This money needs to go to this company
at this address. That is a no-bid contract. That's what the Member is
seeking; and that, unfortunately, is what happens when it gets to the
Defense Department.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I know that the gentleman from
Arizona, who is my friend, listened to the comments that I made when I
read from the bill earlier and when others have read from the bill. But
I don't think he heard. He listened, but he didn't hear. The intent of
this legislation is that any money provided here will be competitively
bid.
Now I've gone to the Senate in conference many, many times and have
returned so frustrated many, many times. I don't know what the Senate
will do on this language or anything else in this bill. But I know if I
were a Senator and I was being accused on the floor today, I would be
really offended by the fact that he is suggesting that the Senate
doesn't want competition. I am not prepared to say that. I think the
Senators believe in competition, just like the House.
Mr. FLAKE. Will the gentleman yield?
Mr. YOUNG of Florida. No, I won't. If I have the time, I might; but
right now I don't have time.
As we participate in this debate, anyone listening might think that
Congress is all a bunch of crooks and that American free enterprise is
sneaking in the back door to make money and that the Congress and the
Department of Defense are at odds all the time. Well, that's not true.
Congress is full of good people. The Defense Department secures our
Nation. But they don't have all of the knowledge, and they don't have
all of the wisdom. Neither does the administration, neither does the
Congress. That's why we work together. I think that's one reason that
the drafters of the Constitution included article I, section 9 to say
how appropriations should be handled. Now maybe you don't like the way
the appropriations are handled. People can make that decision in the
House every 2 years. Article I, section 9 says very simply, ``No Money
shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law.'' Now what that means is, Congress appropriates the
people's money. The Constitution--read it thoroughly--does not say that
Congress can only appropriate money requested by the administration. It
does say that the administration can only spend money that has been
appropriated by the Congress. Now if you don't like that, offer a
constitutional amendment. Amend the Constitution. But somebody's got to
be responsible, and the Constitution makes Congress responsible.
I said that the Pentagon is not the fountain of all knowledge. I will
give you a couple of examples of where Congress has insisted, over
objection on the part of the Pentagon, for certain types of
appropriations. With the leadership of Jerry Lewis who was the chairman
of the subcommittee at the time, this subcommittee and the Congress
insisted that we buy, produce and deploy unmanned aerial vehicles. We
call it the Predator; and next to the American soldier on the ground,
al Qaeda fears that Predator more than any other weapon that we have.
The Pentagon didn't want it. It was not in any budget request. Congress
insisted, and it has become one of the most effective weapons that we
have in the war against terror in Iraq and in Afghanistan.
Then on another side of it--not taking out the enemy but saving our
own people--without any support from the administration, Congress
created something we refer to as the Bone Marrow Transplant Program. It
is a lifesaving program that has saved the lives of thousands of
people. The administration didn't like it. They just thought we were
wasting our time trying to do it, but we did it anyway. They told us we
would never develop probably, maybe 50,000 people willing to donate
their bone marrow to save the life of another human being, but we
prevailed. Today there are over 7 million people in the registry that
we created with an earmark that are saving lives every day not only in
America but in many countries around the world. We have relationships
with 13 other countries where we exchange patients and exchange bone
marrow over the oceans to save people's lives, to give them a chance
for life. That was a congressional earmark.
The Acting CHAIR. All time has expired.
The question is on the amendment offered by the gentleman from
Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLAKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.
It is now in order to consider amendments printed in part C of House
Report 111-233.

[[Page H9118]]

Part C Amendment No. 1 Offered by Mr. Campbell

Mr. CAMPBELL. Mr. Chairman, I have at the desk Campbell amendment No.
1.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part C amendment No. 1 offered by Mr. Campbell:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __.  None of the funds provided in title II under the
heading ``Operation and Maintenance, Marine Corps'' shall be
available for the MGPTS Type III or Rapid Deployable Shelter
project, and the amount otherwise provided under such heading
is hereby reduced by $3,000,000.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from California (Mr. Campbell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CAMPBELL. Mr. Chairman, this amendment would strike the $3
million earmark for the Rapid Deployable Shelter project, which money
would go to Johnson Outdoors Inc. Mr. Chairman, during the debate on
the previous earmark, there's been a lot of discussion on all the
previous earmarks about how the earmarks say that they are to be
competitively bid. I guess the question that I would have is: If, in
fact, the earmarks are to be competitively bid, why did the author/
sponsor of this earmark send in his certification letter to the ranking
member and the chairman of the Appropriations Committee to say, ``The
entity to receive funding for this project is Johnson Outdoors Inc.,
625 Conklin Road, Binghamton, New York, 13903.''
So I would ask the question of the sponsor: If these are to be
competitively bid, how do you reconcile that with the statement that
``the entity to receive funding for this project is''?
Mr. DICKS. Will the gentleman yield?
Mr. CAMPBELL. I yield to the gentleman from Washington.
Mr. DICKS. I think it's a very simple answer. It's the company that
made the request. But that doesn't mean that when there is a
competition that this funding is going to necessarily go to that
company. But if you want the people to certify that they don't have a
financial interest, you've got to put down the name of the company that
made the request.
Mr. CAMPBELL. If I can reclaim my time, and I understand--the
gentleman from Washington and I have discussed this. Frankly, some day
I hope--maybe after this, which is the last appropriations bill--we can
sit down and see if we can figure something out here. Because this
says, ``The entity to receive the funding for the project is.'' If
that's not dispositive, I don't know what is.
Mr. DICKS. We might want to change that language to ``will compete
for the project.''
Mr. CAMPBELL. Well, then, don't list the entity. If somebody
requested the money, and the expectation is that they're going to get
it, then where is the competitive bidding? Shouldn't we just simply
say, Here is a project. Here is what it is. There is no name. There is
no indication. Let whoever wants to bid for this thing compete for it,
and require that there be a minimum of three bidders or the earmark
doesn't go out. Because sometimes these things are written to a
specific product that perhaps only one company makes.
I understand the gentleman from Washington's point on this, but I
hope you understand mine. Mr. Chairman, this is a stain on this House.
I don't want to be doing this. We've all got better things to do. There
happens to be a recession going on. There are a lot of people out of
work. There happens to be a big and legitimate debate about how health
care should go forward in this country. We have a lot of things to do.
But this has been a stain on this House, these earmarks, particularly
the ones on private companies. I don't do any earmarks; and arguably,
if I were king, I don't think we should do any in this House at all. I
understand the legitimate argument for them, but I absolutely reject
any thought or idea that earmarks that go to private entities like
this, with a direction to a private entity, are anything but a stain in
this House.
Mr. Chairman, there are former Members of this body in jail today
because of earmarks to private entities. I wish I could say that there
will never be any more, but I don't know that. But the way we won't
have any more is if we stop this practice, and we don't do this sort of
thing again in the future. This really is about this House and the
integrity of this House and the view of the integrity of this House to
the outside world, to our constituents, and to the people of the United
States.
I would ask a couple of more questions. I am almost out of time. But
did the company submit for defense procurement and was turned down, is
that why you have this earmark? How did you determine the price, that
$3 million is the right price? And will you, as other Members have,
commit that you have not received and will not accept campaign
contributions from company executives, employees, shareholders or
lobbyists on this entity? Other Members on this floor have made that
commitment.
With that, Mr. Chairman, I will yield back the balance of my time.
Mr. HINCHEY. Mr. Chairman, I oppose the amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. HINCHEY. Mr. Chairman, I just want to make it clear that we're
dealing with a situation here which is critically important to military
personnel both here in the United States and in many places around the
world.

{time}  1245

I'm sure that the sponsor of this amendment doesn't realize what it's
like not to have a roof over your head, but if you're in the military
and you're stationed out in places that are difficult and hazardous to
deal with, it's important to have these tents.
The particular entity with which we are focusing attention on in this
particular earmark to provide these tents is a company that has done so
over and over again in the context of bidding--and bidding
successfully--for it. The Army and Marine Corps, just as an example,
currently have unmet needs for shelters, and those unmet needs are
growing.
This year, the tent and shelter industry was informed by the Marine
Corps--just by the Marine Corps--of a need of 9,000 tents.
Unfortunately, those real priorities are not resulting in production
orders. And the main reason they're not resulting in production orders
is due to the way in which the Department of Defense has focused on
other things and not dealing with this particular aspect of the needs
of military personnel in a number of places, here and in a lot of other
places which are dangerous around the world, Iraq, Afghanistan, places
like that, for example. So without this stop-gap funding for these
shelter programs, our troops could literally be without that roof over
their head.
The Defense Logistics Agency had stated that the tent and shelter
industry is a critical part of the U.S. defense industrial base, and
they did that in the context of a report to the Congress. So supporting
this amendment by Mr. Campbell will leave the United States military
with a smaller, less competitive, and potentially foreign source of
this essential material which is needed by our military personnel.
You're dealing with something that is fundamentally essentially
important. And in the context of this particular situation, if we
didn't deal with it in this particular way, perhaps these manufacturing
operations would come from places outside the United States. There are
a lot of people here, apparently, who are opposed to many of the things
that we're doing, who are not opposed to having manufacturing
activities in other parts of the world and not here.
So this is what we are intending to do, to make sure that the
military gets the security, the safety that they need and, at the same
time, to ensure in every way that we can that the manufacturing process
is done here in the United States so that these jobs are going to be an
important part of our dealing with this economic recession, which was
put forward over the course of the previous 8 years and is now
something that we are dealing with effectively.
So if you're opposed to this earmark, it really doesn't make any
sense. If you're opposed to the amendment, that makes perfect sense.
And that is exactly what we're doing, for all of the

[[Page H9119]]

good reasons that I have stipulated, and that's why this amendment
should remain as an important part of this absolutely essential piece
of legislation.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Campbell).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CAMPBELL. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Part C Amendment No. 8 Offered by Mr. Campbell

Mr. CAMPBELL. Mr. Chairman, I have amendment No. 8 at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Part C amendment No. 8 offered by Mr. Campbell:
At the end of the bill (before the short title), insert the
following:

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. __.  None of the funds provided in title IV under the
heading ``Research, Development, Test and Evaluation, Army''
shall be available for the Model for Green Laboratories and
Clean Rooms project, and the amount otherwise provided under
such heading is hereby reduced by $1,500,000.

The Acting CHAIR. Pursuant to House Resolution 685, the gentleman
from California (Mr. Campbell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CAMPBELL. Mr. Chairman, first, before I discuss this amendment, I
would like to make a comment relative to the gentleman from New York's
defense of his earmark before.
If, in fact, these shelters are necessary--and I'm not going to
dispute that point with the gentleman, they may in fact be--then why do
we not have a designation that the Defense Department shall procure
9,000, 90,000, whatever it is, items of shelter, and they should
procure them from a U.S.-based source, and they should do it under
competitive bidding and get at least three bids and pick that which is
deemed to be the highest quality and the lowest cost? Wouldn't that be
an appropriate way to do this?
And that's what I am saying, and I think the gentleman from Arizona
before me is saying. We are not here--and certainly I am not here--to
say that it is not Congress' right to appropriate funds. It is, in
fact, the right, as you have all pointed out, as enumerated in the
Constitution. However, there is a right way to do that and there is a
wrong way to do that. And with these 552 no-bid, going-to-private-
companies earmarks, amounting to $1.3 billion, which if the 18 minutes
of debate in committee were spent entirely on the earmarks means that
each earmark received 2 seconds of debate, this is not the proper way
to do it.
This particular earmark, Mr. Chairman, would strike $1.5 million
designated for the Green Laboratories and Clean Rooms project and would
reduce the overall funding of the bill by an equivalent amount, and
this money is intended to go to Amethyst Technologies. And again, as we
have discussed, if this is competitively bid, why does the sponsor's
letter, which I have here, of certification of this earmark say, and I
quote, ``The contact name and address is Ms. Kimberly Brown, President,
Amethyst Technologies, 1450 South Rolling Road, Suite 2041, Baltimore,
Maryland, 21227?''
Mr. Chairman, again I would ask--and I don't think I see the author
of the earmark--but let me ask someone over there, whoever is going to
deal with this, why, again, is only one company listed if it is to be
competitively bid?
If there is no response to that, then I guess I would ask, did this
company submit this to the Defense Department for procurement? Did this
company even try to go to the Defense Department and make their case
with those in the military whose job it is to determine what is best
for the military?
Mr. TAYLOR. Would the gentleman yield?
Mr. CAMPBELL. I will yield, yes.
Mr. TAYLOR. I want to thank the gentleman. You ask a great question.
The reason is, in the 6 years that he was Secretary of Defense, Don
Rumsfeld decimated the defense acquisition community, fired tens of
thousands of people who would have drawn those drafts and would have
put it out for bid. We are trying to reconstitute that community right
now.
Mr. CAMPBELL. Reclaiming my time, Donald Rumsfeld is no longer
Secretary of Defense, has not been for some time, and there is a
different President. We are dealing with appropriations for a fiscal
year that begins later this year and goes into 2010.
Look, if you think this is necessary, just don't say it's for this
company, that it's $1.5 million. Because another question I would have
is, how do you determine the $1.5 million is the right price? What are
you getting for $1.5 million, and how do you know you couldn't get the
same thing somewhere else for half that?
And I will yield.
Mr. TAYLOR. You are exactly right. Because of the lack of trained
professionals, there really isn't anyone in the DOD anymore who can say
what something should cost. You don't learn that overnight. Now, we are
trying to restore that----
Mr. CAMPBELL. Just reclaiming my time, I'm happy to exchange, but if
there's nobody, then isn't that something the Armed Services Committee
should be dealing with?
And I would yield.
Mr. TAYLOR. And we are dealing with it.
The other part is, on those major programs, starting with the big
ones, whenever we buy something here going forward, we are demanding
that when we buy something, we own the technical data package, that
from now on we will own the specifications so that----
Mr. CAMPBELL. Reclaiming my time----
Mr. TAYLOR. If we think the contractor is not being fair with us, we
can put it out for bid for someone else.
Mr. CAMPBELL. Reclaiming my time, could I inquire as to how much time
I have remaining, Mr. Chairman?
The Acting CHAIR. The gentleman from California has 30 seconds
remaining.
Mr. CAMPBELL. I am going to reserve the balance of my time, and I
would ask that the gentleman please continue his argument on his time.
Mr. MURTHA. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. MURTHA. I reserve my time.
Mr. CAMPBELL. Mr. Chairman, one other question, one that didn't get
answered on the last earmark, and I will ask it again on this
particular earmark. I understand the sponsor is not here, but will the
sponsor commit, as other people have done on this floor, that he has
not received and will not accept campaign contributions from the
company, its executives, its stockholders, employees, or lobbyists, or
other people who can benefit directly from the earmark? Because, Mr.
Chairman, if people won't do that, then as the gentleman from Arizona
and others have suggested, that is where, perhaps, we can get in deeper
trouble on these sorts of things in the future.
Mr. Chairman, I ask for an ``aye'' vote.
I yield back the balance of my time.
Mr. MURTHA. Mr. Chairman, let me read the policy of the committee.
The full committee just brought me the policy which answers the
gentleman's question.
Under the policies adopted by the great Appropriations Committee,
``The use of Member earmarks awarded to for-profit entities as a
functional equivalent of no-bid contracts is ended.
``In cases where the committee funds an earmark designated for a for-
profit entity, the committee includes legislative language requiring
the executive branch to nonetheless issue a request for proposal that
gives other entities an opportunity to apply and requires the agency to
evaluate all bids received and make a decision based on merit. The
legislative language included in the bills requires `full and open
competition.'
``This gives the original designee an opportunity to be brought to
the attention of the agency, but with the possibility that an
alternative entity may be selected.''

[[Page H9120]]

Now, let me read to the gentleman, Mr. Chairman: ``With respect to
the list of specific programs, projects and activities contained in the
tables entitled `Explanation of Project Level Adjustments' in the
Report of the Committee on Appropriations of the House of
Representatives, those which are considered congressional earmarks for
purposes of Rule XXI''--this is on page 113 of the bill--``when awarded
to a for-profit entity, shall be awarded under full and open
competition.''
In this particular case, they strike $1.5 million from hospital
maintenance and so forth. Nobody, there is no committee in the
Congress--the authorizing committees work on different things. We work
on making sure that the medical facilities are clean, making sure that
they are taken care of. And Mr. Bishop offers an amendment which wants
to make sure that the funding would provide for development,
renovation, maintenance, to test the environmental sustainable
laboratories, hospitals, and clean rooms for drug development.
I ask for a ``no'' vote.
I yield to the gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR. Again, I would remind the gentleman; the gentleman makes
the point that we have had a new administration for 6 months. Don
Rumsfeld, the guy who said he knew the Iraqis had weapons of mass
destruction and he knew they were going to use them, decimated the
acquisition force.
Unless you own the specs, you can't put it out for competition. We
are in the process, in the Armed Services Committee, of getting the
specifications of everything we buy from here on out--something
Rumsfeld never did--so that we can have the kind of competition that
the gentleman seeks. We are in the process of doing so, starting with
the Littoral Combat Ship.
If the gentleman has a question, I would be more than happy to answer
it.
Mr. CAMPBELL. Would the gentleman yield?
Mr. TAYLOR. Sure.
Mr. CAMPBELL. Does the gentleman see a problem with doing these in
the future without a company name?
Mr. TAYLOR. Again, there will be times when someone who has invented
something comes to Congress and says, I have something that is bigger,
faster, smaller, faster--whatever the deal is. And if that person says,
and by the way, I own the unique rights to this, do you want to buy it
from me or not? That first time it makes sense for the Nation to buy
it. It also makes sense for the Nation to say, from here on out, when
we buy your product, we are buying the specifications with it so we can
get it from somebody else in the future.
Mr. CAMPBELL. Will the gentleman yield?
Mr. TAYLOR. Sure.
Mr. MURTHA. Mr. Chairman, I yield back the balance of my time and ask
for a ``no'' vote.
The Acting CHAIR. The gentleman from Pennsylvania controls the time
and he has yielded back his time.
The question is on the amendment offered by the gentleman from
California (Mr. Campbell).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CAMPBELL. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Announcement by the Acting Chair

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 111-233 on
which further proceedings were postponed, in the following order:
Amendment No. 1 printed in part A by Mr. Murtha of Pennsylvania.
Amendment No. 3 printed in part A by Mr. Flake of Arizona.
Amendment No. 5 printed in part A by Mr. Tierney of Massachusetts.
Amendment No. 1 printed in part B by Mr. Flake of Arizona.
Amendment No. 258 printed in part B by Mr. Flake of Arizona.
Amendment No. 389 printed in part B by Mr. Flake of Arizona.
Amendment No. 432 printed in part B by Mr. Flake of Arizona.
Amendment No. 439 printed in part B by Mr. Flake of Arizona.
Amendment No. 449 printed in part B by Mr. Flake of Arizona.
Amendment No. 553 printed in part B by Mr. Flake of Arizona.
Amendments en bloc by Mr. Flake of Arizona.
Amendment No. 1 printed in part C by Mr. Campbell of California.
Amendment No. 8 printed in part C by Mr. Campbell of California.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.

{time}  1300

Part A Amendment No. 1 Offered by Mr. Murtha

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Pennsylvania (Mr. Murtha) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 269,
noes 165, not voting 5, as follows:

[Roll No. 661]

AYES--269

Abercrombie
Ackerman
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Boccieri
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Camp
Campbell
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chandler
Childers
Christensen
Chu
Clarke
Clay
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
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Farr
Filner
Flake
Foster
Frank (MA)
Fudge
Garrett (NJ)
Gerlach
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Hensarling
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E.B.
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kratovil
Langevin
Larsen (WA)
Larson (CT)
Levin
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Massa
Matheson
Matsui
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Petri
Pierluisi
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rohrabacher
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stearns
Stupak
Sutton
Tanner
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Wu
Yarmuth

NOES--165

Aderholt
Adler (NJ)
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett

[[Page H9121]]

Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Cantor
Cao
Capito
Carter
Cassidy
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Fallin
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Kosmas
Kucinich
Lamborn
Lance
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Lewis (CA)
Lewis (GA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Minnick
Moran (KS)
Myrick
Neugebauer
Nunes
Olson
Pence
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Royce
Scalise
Schmidt
Schock
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stark
Sullivan
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Velazquez
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Woolsey
Young (AK)
Young (FL)

NOT VOTING--5

Fattah
Hall (NY)
McCarthy (NY)
Norton
Schwartz

{time}  1324

Ms. LEE of California, Ms. KOSMAS and Messrs. GOHMERT and KUCINICH
changed their vote from ``aye'' to ``no.''
Ms. EDWARDS of Maryland and Mr. ROHRABACHER changed their vote from
``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Ms. SCHWARTZ. Mr. Chair, on rollcall No. 661, had I been present, I
would have voted ``yea.''
Ms. NORTON. Mr. Chair, on rollcall No. 661, had I been present, I
would have voted ``aye.''
Stated against:
Mr. TURNER. Mr. Chair, on rollcall No. 661, inadvertently voted
``aye'', intending to vote ``no.''

Parliamentary Inquiry

Mr. JACKSON of Illinois. Mr. Chairman, I have a parliamentary
inquiry.
The Acting CHAIR. The gentleman will state his parliamentary inquiry.
Mr. JACKSON of Illinois. Mr. Chairman, are these 2-minute votes or 5-
minute votes, the series?
The Acting CHAIR. The remaining votes in this series are 2-minute
votes.

Part A Amendment No. 3 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 48,
noes 373, not voting 18, as follows:

[Roll No. 662]

AYES--48

Bachmann
Bachus
Barrett (SC)
Bartlett
Boustany
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Coble
Cooper
Deal (GA)
Duncan
Flake
Foster
Foxx
Garrett (NJ)
Halvorson
Hensarling
Herger
Inglis
Jenkins
Kind
Kline (MN)
Lamborn
Linder
Lummis
Marchant
McClintock
McHenry
Miller (FL)
Minnick
Moran (KS)
Myrick
Paul
Petri
Pitts
Price (GA)
Rohrabacher
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Stark
Westmoreland
Wilson (SC)

NOES--373

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Baird
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chaffetz
Chandler
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
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
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Forbes
Fortenberry
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Herseth Sandlin
Higgins
Hill
Himes
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (IA)
King (NY)
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCaul
McCollum
McCotter
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Nye
Oberstar
Obey
Olson
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
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
Wexler
Whitfield
Wilson (OH)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--18

Berkley
Bishop (GA)
Broun (GA)
Gohmert
Hall (NY)
Hinchey
Israel
Kingston
Lipinski
Lowey
McCarthy (NY)
McDermott
Mollohan
Murphy, Tim
Olver
Pence
Shadegg
Smith (NE)

Announcement by the Acting Chair

The Acting CHAIR (during the vote). One minute remains in this vote.

{time}  1328

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. TIM MURPHY of Pennsylvania. Mr. Chair, on rollcall No. 662 I was
unavoidably

[[Page H9122]]

detained. Had I been present, I would have voted ``no.''
Mr. SMITH of Nebraska. Mr. Chair, on rollcall No. 662 I was
unavoidably detained. Had I been present, I would have voted ``no.''

Part A Amendment No. 5 Offered by Mr. Tierney

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Massachusetts (Mr. Tierney) on which further proceedings were postponed
and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 124,
noes 307, not voting 8, as follows:

[Roll No. 663]

AYES--124

Arcuri
Baldwin
Berman
Biggert
Bishop (NY)
Blumenauer
Bordallo
Boswell
Braley (IA)
Bright
Brown-Waite, Ginny
Capps
Capuano
Carnahan
Castle
Castor (FL)
Chu
Coble
Crowley
Davis (CA)
DeFazio
Delahunt
Doggett
Duncan
Edwards (MD)
Ehlers
Ellsworth
Eshoo
Farr
Filner
Foster
Frank (MA)
Goodlatte
Gordon (TN)
Grijalva
Gutierrez
Halvorson
Hare
Heinrich
Himes
Hodes
Hoekstra
Holt
Honda
Hoyer
Inslee
Israel
Jenkins
Johnson (GA)
Johnson (IL)
Kagen
Kaptur
Kilroy
Kind
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis (GA)
Loebsack
Lofgren, Zoe
Lynch
Maffei
Markey (MA)
Matheson
Matsui
McCollum
McGovern
Michaud
Miller (NC)
Miller, George
Mitchell
Moore (WI)
Moran (VA)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Neal (MA)
Oberstar
Obey
Olver
Paul
Payne
Perriello
Peters
Petri
Pierluisi
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Roybal-Allard
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Sensenbrenner
Serrano
Sestak
Shea-Porter
Sherman
Skelton
Slaughter
Speier
Spratt
Stark
Sutton
Thompson (CA)
Tierney
Tonko
Tsongas
Van Hollen
Velazquez
Visclosky
Walden
Watt
Waxman
Weiner
Welch
Wu
Yarmuth

NOES--307

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Austria
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berry
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Broun (GA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Cardoza
Carney
Carson (IN)
Carter
Cassidy
Chaffetz
Chandler
Childers
Christensen
Clarke
Clay
Cleaver
Clyburn
Coffman (CO)
Cohen
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (TX)
Ellison
Emerson
Engel
Etheridge
Faleomavaega
Fallin
Fattah
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Granger
Graves
Grayson
Green, Al
Griffith
Guthrie
Hall (TX)
Harman
Harper
Hastings (FL)
Hastings (WA)
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Holden
Hunter
Inglis
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kanjorski
Kennedy
Kildee
Kilpatrick (MI)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Larson (CT)
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
Lipinski
LoBiondo
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Mack
Maloney
Manzullo
Marchant
Markey (CO)
Marshall
Massa
McCarthy (CA)
McCaul
McClintock
McCotter
McDermott
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mollohan
Moore (KS)
Moran (KS)
Murphy (CT)
Murphy, Tim
Murtha
Myrick
Napolitano
Neugebauer
Norton
Nunes
Nye
Olson
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pence
Perlmutter
Peterson
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Sablan
Salazar
Scalise
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Sires
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Stearns
Stupak
Sullivan
Tanner
Taylor
Teague
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Titus
Towns
Turner
Upton
Walz
Wamp
Wasserman Schultz
Waters
Watson
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)

NOT VOTING--8

Cole
Green, Gene
Hall (NY)
Klein (FL)
McCarthy (NY)
Rodriguez
Rush
Woolsey

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1332

Mrs. MALONEY changed her vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. ELLISON. Mr. Chair, during rollcall vote No. 663 on H.R. 3326, I
mistakenly recorded my vote as ``no'' when I should have voted ``aye.''
I ask unanimous consent that my statement appear in the Record
immediately following rollcall vote No. 663.
Stated against:
Mr. KLEIN of Florida. Mr. Chair. Today, July 30, 2009, I was
unavoidably detained on rollcall No. 663.
Had I voted, I would have voted ``no'' on rollcall No. 663.

Part B Amendment No. 1 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 77,
noes 347, answered ``present'' 10, not voting 5, as follows:

[Roll No. 664]

AYES--77

Bachmann
Barton (TX)
Blackburn
Blumenauer
Boehner
Boustany
Broun (GA)
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Chaffetz
Coble
Cooper
Deal (GA)
Duncan
Ehlers
Flake
Forbes
Foster
Foxx
Gallegly
Garrett (NJ)
Gohmert
Goodlatte
Graves
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
Kind
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Linder
Lummis
Manzullo
Marchant
McCaul
McClintock
McHenry
Minnick
Moran (KS)
Myrick
Nunes
Paul
Paulsen
Pence
Petri
Pitts
Price (GA)
Roe (TN)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Stearns
Wamp
Westmoreland
Wittman

NOES--347

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blunt
Boccieri
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd

[[Page H9123]]

Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Coffman (CO)
Cohen
Cole
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Fortenberry
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (IA)
King (NY)
Kingston
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
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
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--10

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Harper
Lofgren, Zoe
Welch

NOT VOTING--5

Buchanan
Edwards (TX)
Hall (NY)
Maloney
McCarthy (NY)

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1335

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part B Amendment No. 258 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 69,
noes 351, answered ``present'' 10, not voting 9, as follows:

[Roll No. 665]

AYES--69

Bachmann
Blackburn
Blumenauer
Boustany
Broun (GA)
Campbell
Cassidy
Chaffetz
Coble
Coffman (CO)
Cooper
Deal (GA)
Doggett
Duncan
Ehlers
Flake
Forbes
Foxx
Garrett (NJ)
Gohmert
Goodlatte
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (GA)
Johnson (IL)
Jordan (OH)
Kind
King (IA)
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Linder
Lummis
Marchant
McCaul
McClintock
McHenry
Minnick
Moran (KS)
Olver
Pence
Petri
Pitts
Price (GA)
Roe (TN)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Teague
Terry
Walden
Westmoreland
Wittman

NOES--351

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blunt
Boccieri
Boehner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castle
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Fortenberry
Foster
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kirk
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Nye
Oberstar
Obey
Olson
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas

[[Page H9124]]

Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--10

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Harper
Lofgren, Zoe
Welch

NOT VOTING--9

Berry
Conyers
Ellison
Hall (NY)
Hirono
Johnson, E.B.
McCarthy (NY)
Rodriguez
Rush

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1338

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part B Amendment No. 389 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 76,
noes 350, answered ``present'' 10, not voting 3, as follows:

[Roll No. 666]

AYES--76

Bachmann
Bishop (NY)
Blackburn
Boustany
Broun (GA)
Burton (IN)
Campbell
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Connolly (VA)
Cooper
Davis (KY)
Deal (GA)
Doggett
Driehaus
Flake
Foster
Foxx
Garrett (NJ)
Gerlach
Gohmert
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
Kagen
Kind
King (IA)
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Linder
Lummis
Manzullo
McCaul
McClintock
McHenry
McMahon
Minnick
Moran (KS)
Nunes
Nye
Paulsen
Pence
Perlmutter
Peters
Petri
Pitts
Platts
Polis (CO)
Price (GA)
Roe (TN)
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Smith (NE)
Speier
Terry
Walden
Wamp
Westmoreland
Wittman

NOES--350

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt
Boccieri
Boehner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Buyer
Calvert
Camp
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Forbes
Fortenberry
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Giffords
Gingrey (GA)
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kirk
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Payne
Perriello
Peterson
Pierluisi
Pingree (ME)
Poe (TX)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--10

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Harper
Lofgren, Zoe
Welch

NOT VOTING--3

Hall (NY)
McCarthy (NY)
Stark

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1342

Mr. PLATTS changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Part B Amendment No. 432 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 82,
noes 341, answered ``present'' 11, not voting 5, as follows:

[Roll No. 667]

AYES--82

Bachmann
Barton (TX)
Blumenauer
Blunt
Boehner
Boustany
Broun (GA)
Burgess
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cooper
Deal (GA)
Duncan
Ehlers
Flake
Fortenberry
Foster
Foxx
Garrett (NJ)
Gerlach
Gohmert
Goodlatte
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
Kind
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Linder
Lummis
Lungren, Daniel E.
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
Minnick
Moran (KS)
Myrick
Nunes
Paulsen
Pence
Petri
Pitts
Platts
Price (GA)
Roe (TN)
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Stearns
Terry
Upton
Walden
Wamp
Westmoreland

[[Page H9125]]

NOES--341

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Boccieri
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Forbes
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (IA)
King (NY)
Kingston
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lynch
Mack
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--11

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Harper
Lofgren, Zoe
Welch
Wittman

NOT VOTING--5

Andrews
Edwards (TX)
Hall (NY)
Hall (TX)
McCarthy (NY)

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1345

So the amendment was rejected.
The result of the vote was announced as above recorded.

personal explanation

Mr. HALL of New York. Mr. Chair, I missed rollcall votes 661 through
667.
Had I been present, I would have voted ``aye'' on 661, and ``no'' on
662-667.

Part B Amendment No. 439 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 78,
noes 348, answered ``present'' 10, not voting 3, as follows:

[Roll No. 668]

AYES--78

Bachmann
Blackburn
Blumenauer
Boehner
Boozman
Boustany
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cooper
Deal (GA)
Duncan
Ehlers
Flake
Forbes
Fortenberry
Foxx
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
Kind
King (IA)
Kline (MN)
Lamborn
Linder
Lummis
Manzullo
Marchant
McCaul
McClintock
McHenry
Minnick
Moran (KS)
Myrick
Nunes
Pence
Petri
Pitts
Platts
Price (GA)
Roe (TN)
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Terry
Walden
Wamp
Westmoreland
Wittman

NOES--348

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blunt
Boccieri
Bono Mack
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Foster
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Giffords
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson

[[Page H9126]]

Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--10

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Harper
Lofgren, Zoe
Welch

NOT VOTING--3

Barton (TX)
McCarthy (NY)
Rodriguez

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1348

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part B Amendment No. 449 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 83,
noes 338, answered ``present'' 11, not voting 7, as follows:

[Roll No. 669]

AYES--83

Bachmann
Blackburn
Blunt
Boehner
Boozman
Boustany
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cooper
Deal (GA)
Duncan
Ehlers
Flake
Forbes
Fortenberry
Foster
Foxx
Garrett (NJ)
Gingrey (GA)
Goodlatte
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
Kind
King (IA)
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Linder
Lummis
Lungren, Daniel E.
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McHenry
Minnick
Moran (KS)
Myrick
Nunes
Pence
Petri
Pitts
Poe (TX)
Price (GA)
Roe (TN)
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Terry
Walden
Wamp
Westmoreland
Wittman
Wolf

NOES--338

Abercrombie
Ackerman
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Boccieri
Bono Mack
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lynch
Mack
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Platts
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--11

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Diaz-Balart, L.
Harper
Lofgren, Zoe
Welch

NOT VOTING--7

Aderholt
Cole
Conyers
Gohmert
McCarthy (NY)
Payne
Sutton

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1351

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part B Amendment No. 553 Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 118,
noes 304, answered ``present'' 11, not voting 6, as follows:

[Roll No. 670]

AYES--118

Austria
Bachmann
Barton (TX)
Bean
Bilirakis
Bishop (UT)
Blackburn
Boehner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Camp
Campbell
Cantor
Cao
Cassidy
Castle
Chaffetz
Coffman (CO)
Cooper
Deal (GA)
Doggett
Duncan
Ehlers
Flake
Forbes
Fortenberry
Foster
Foxx
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)

[[Page H9127]]

Gohmert
Goodlatte
Hall (TX)
Halvorson
Heller
Hensarling
Himes
Hodes
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jones
Jordan (OH)
Kind
Kirk
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Latta
Linder
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Markey (CO)
McCaul
McClintock
McCotter
McHenry
McKeon
McMahon
McMorris Rodgers
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Myrick
Nunes
Pence
Perriello
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Quigley
Roe (TN)
Rogers (MI)
Rohrabacher
Rooney
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Smith (TX)
Speier
Stark
Stearns
Teague
Terry
Tiberi
Upton
Walden
Wamp
Westmoreland
Wittman

NOES--304

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Boccieri
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Buchanan
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, M.
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Frank (MA)
Frelinghuysen
Fudge
Gonzalez
Gordon (TN)
Granger
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (IA)
King (NY)
Kingston
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Lujan
Lynch
Maffei
Maloney
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McDermott
McGovern
McHugh
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Peters
Peterson
Pierluisi
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Putnam
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Souder
Space
Spratt
Stupak
Sullivan
Sutton
Tanner
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--11

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Diaz-Balart, L.
Harper
Lofgren, Zoe
Welch

NOT VOTING--6

Davis (IL)
Edwards (TX)
Franks (AZ)
Graves
Herger
McCarthy (NY)

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1354

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FRANKS of Arizona. Mr. Chair, on rollcall No. 670, I was
unavoidably detained. Had I been present I would have voted ``aye.''

En Bloc Amendment Offered by Mr. Flake

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Flake) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 82,
noes 342, answered ``present'' 11, not voting 4, as follows:

[Roll No. 671]

AYES--82

Bachmann
Blackburn
Boustany
Broun (GA)
Burgess
Burton (IN)
Campbell
Cantor
Cassidy
Chaffetz
Coffman (CO)
Cooper
Deal (GA)
Doggett
Duncan
Ehlers
Emerson
Flake
Fleming
Forbes
Fortenberry
Foxx
Garrett (NJ)
Gohmert
Goodlatte
Hall (TX)
Halvorson
Heller
Hensarling
Herger
Himes
Hoekstra
Issa
Jenkins
Johnson (IL)
Kind
King (IA)
Kirk
Kline (MN)
Lamborn
Latta
Linder
Luetkemeyer
Lummis
Lungren, Daniel E.
Marchant
McCaul
McClintock
McCotter
McHenry
McMorris Rodgers
Miller (MI)
Minnick
Moran (KS)
Myrick
Neugebauer
Nunes
Pence
Petri
Pitts
Price (GA)
Quigley
Roe (TN)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stark
Stearns
Tiberi
Walden
Wamp
Westmoreland
Wittman

NOES--342

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boccieri
Boehner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castle
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, M.
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (TX)
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Foster
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Lujan
Lynch
Mack
Maffei
Maloney
Manzullo
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCollum
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick

[[Page H9128]]

Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tierney
Titus
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

ANSWERED ``PRESENT''--11

Barrett (SC)
Bonner
Butterfield
Castor (FL)
Chandler
Conaway
Dent
Diaz-Balart, L.
Harper
Lofgren, Zoe
Welch

NOT VOTING--4

Edwards (MD)
McCarthy (NY)
Tonko
Waters

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1357

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part C Amendment No. 1 Offered by Mr. Campbell

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Campbell) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 81,
noes 353, not voting 5, as follows:

[Roll No. 672]

AYES--81

Bachmann
Barrett (SC)
Blackburn
Blunt
Boehner
Boozman
Boustany
Broun (GA)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Campbell
Cantor
Cassidy
Chaffetz
Coble
Coffman (CO)
Cooper
Deal (GA)
Duncan
Ehlers
Flake
Forbes
Foxx
Franks (AZ)
Garrett (NJ)
Gohmert
Goodlatte
Halvorson
Heller
Hensarling
Herger
Hoekstra
Inglis
Issa
Jenkins
Johnson (IL)
Jordan (OH)
King (IA)
Kirk
Kline (MN)
Lamborn
Linder
Lummis
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McHenry
McMorris Rodgers
Minnick
Moran (KS)
Myrick
Nunes
Paul
Paulsen
Pence
Petri
Pitts
Price (GA)
Roe (TN)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stearns
Walden
Wamp
Westmoreland
Wittman

NOES--353

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Boccieri
Bonner
Bono Mack
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Buchanan
Butterfield
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castle
Castor (FL)
Chandler
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fleming
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (NY)
Kingston
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
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
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stupak
Sullivan
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--5

McCarthy (NY)
Pingree (ME)
Sablan
Sutton
Waters

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining in
this vote.

{time}  1400

So the amendment was rejected.
The result of the vote was announced as above recorded.

Part C Amendment No. 8 Offered by Mr. Campbell

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Campbell) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 99,
noes 338, not voting 2, as follows:

[Roll No. 673]

AYES--99

Austria
Bachmann
Barrett (SC)
Bean
Blackburn
Blunt
Boehner
Boozman
Boustany
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell
Cantor
Cassidy
Castle
Chaffetz

[[Page H9129]]

Coble
Coffman (CO)
Cooper
Deal (GA)
Dent
Duncan
Ehlers
Flake
Fleming
Forbes
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gohmert
Goodlatte
Graves
Hall (TX)
Halvorson
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Jones
Jordan (OH)
Kind
King (IA)
Kirk
Kline (MN)
Lamborn
Linder
Luetkemeyer
Lummis
Lungren, Daniel E.
Manzullo
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McMorris Rodgers
Miller, Gary
Minnick
Moran (KS)
Myrick
Nunes
Paul
Paulsen
Pence
Petri
Pitts
Platts
Poe (TX)
Price (GA)
Roe (TN)
Rohrabacher
Rooney
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Speier
Stearns
Terry
Upton
Walden
Wamp
Westmoreland
Wittman

NOES--338

Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Boccieri
Bonner
Bono Mack
Bordallo
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Buyer
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Childers
Christensen
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Faleomavaega
Fallin
Farr
Fattah
Filner
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Fudge
Giffords
Gingrey (GA)
Gonzalez
Gordon (TN)
Granger
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
King (NY)
Kingston
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
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
Lujan
Lynch
Mack
Maffei
Maloney
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Norton
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pierluisi
Pingree (ME)
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Ryan (OH)
Sablan
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stark
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--2

McCarthy (NY)
Rush

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time}  1404

Mr. HALL of Texas changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

This Act may be cited as the ``Department of Defense
Appropriations Act, 2010''.

The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Altmire) having assumed the chair, Mr. Holden, Acting Chair of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3326)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2010, and for other purposes, pursuant to House
Resolution 685, he reported the bill back to the House with sundry
amendments adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Pursuant to House Resolution 685, the question on adoption of the
amendments will be put en gros.
The amendments were agreed to.
The SPEAKER pro tempore. 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.

Motion to Recommit

Mr. FRELINGHUYSEN. Mr. Speaker, I have a motion to recommit at the
desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. FRELINGHUYSEN. In its present form, I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Frelinghuysen moves to recommit the bill H.R. 3326 to
the Committee on Appropriations with instructions to report
the same back to the House forthwith with the following
amendments:
Page 2, line 22, after the dollar amount, insert
``(increased by $100,000,000)
Page 26, line 9, after the dollar amount, insert
``(increased by $304,800,000)''.
Page 29, line 21, after the dollar amount, insert
``(reduced by $404,800,000)''.
In section 8120, strike ``None of the funds appropriated''
and all that follows through ``$368,800,000 of the funds''
and insert ``Funds''.
In section 8120, strike paragraph (1) (and redesignate
subsequent paragraphs accordingly):

Mr. FRELINGHUYSEN (during the reading). Mr. Speaker, I ask unanimous
consent that the motion to recommit be considered read.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes.
Mr. FRELINGHUYSEN. The motion to recommit would restore funding
originally included in the bill as reported by the Appropriations
Committee for advanced procurement for 12 F-22 aircraft and allow the
program to move forward. It would also provide an additional $100
million for the Army military personnel accounts. These increases are
offset by cutting $400 million in unrequested funds for the
Presidential helicopter, a troubled program that the President himself
has proposed to eliminate.
My motion to recommit is consistent with the recently passed Defense
authorization bill which recognized the continued vital need for the F-
22 by authorizing an additional F-22 aircraft and, at the same time,
did not authorize additional funding for the President's helicopter.
Mr. Speaker, while much is made of the President's threatened veto of
this bill over the F-22, the fact of the matter is the President has
also threatened a veto over funding for the Presidential helicopter.
While I appreciate the President has a role in this process, it is
Congress, not the President, that has the power of the purse. I do not
believe that we should simply take the President's budget proposal and
rubber-stamp it.

[[Page H9130]]

In addition, my motion to recommit begins to fill a known funding
shortfall in the Army military and personnel accounts that resulted
from Secretary Gates' recent decision to increase the total Army end
strength by 22,000 troops to support the administration's Afghanistan
policy.
My motion would also leave intact the additional funds added in the
Murtha amendment for four of the Air Force's unfunded priorities.
I urge my colleagues to support this motion to recommit.
I yield to the gentleman from Utah (Mr. Bishop), a member of the
Armed Services Committee, for the remaining time.
Mr. BISHOP of Utah. Mr. Speaker, we all know that to maintain air
superiority, which we have had since the Korean War, requires two
elements: one is the technological ability, which we know the F-22
provides, but the other is the numerical superiority that we have to
have, which is why, when this program was originally started, it was
supposed to be 750 planes.
Even as late as last year, the military was telling us 381 maintains
the status quo and 243 is the absolute minimum, a number still
maintained by Air Combat Command, by the Air National Guard, by 30 of
the military studies over the last 15 years. Even the Chief of Staff
admitted the 243 is what they needed.
The only person that said 187 is the Secretary of Defense. There is
no study to verify that number. That number is a political number, not
a military number.
As we go into the future where the Russians are building a new
generation fighter with 200 to 300 extra planes to sell to countries
like Iran and Venezuela, when we then couple that by cutting 250 legacy
planes already in the Air Force and stopping the F-22 and having an F-
35 which will not be available under the best of circumstances until
2014, maybe even 2016 as we are talking about it, what we are doing is
putting ourselves in danger 10 and 15 years out of being on the wrong
side of history. We cannot do that.
This amendment mirrors what the House voted on the Defense
authorization bill by putting back procurement money for 12 F-22s and
adding $100 million for military personnel to help the anticipated
shortfall in the upgrade in what we are doing in Afghanistan.
This is the right thing to do. This is what the military needs. We
should not simply make a political decision, because I hate to say this
in this crass of a way, but when we can authorize $5 billion for groups
like ACORN but $2 billion to keep 18,000 jobs going and provide planes
for another year that this country needs, we have something to do to
look at our priorities. The $2 billion is for the defense of this
country into the future. The military needs this plane.
Mr. FRELINGHUYSEN. Please support the motion to recommit.
I yield back.
Mr. MURTHA. I rise in opposition to the motion to recommit.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. MURTHA. I've said over and over again, I have been for the F-22.
The point is we'd need 292 votes here in order to pass the F-22. We'd
need 66 votes in the Senate. The Senate voted 58-40 against it. So we
have no alternative.
Now, what I've done is try to robustly fund the program as it is. In
other words, they have 187. Let's make sure it's funded adequately.
Let's make sure they have what they need. They have a lot of
maintenance questions about the F-22. There is no question about it,
and so we need to make sure it's robustly funded.
The Presidential helicopter, $3.2 billion we spent on this thing. We
ought to get something out of it. One of the Secretaries said to me the
other day that they are going to spend another $2 billion if you get it
right. I said, Wait a minute; how much do you think you will spend if
you have to do another one?
I'm trying to work something out with the White House on that and
other issues.
It took a little more time than I expected in this bill today, but
I'd appreciate a ``no'' vote on this vote to recommit.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mr. FRELINGHUYSEN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for electronic vote on the
question of passage.
The vote was taken by electronic device, and there were--ayes 169,
noes 261, not voting 3, as follows:

[Roll No. 674]

AYES--169

Aderholt
Adler (NJ)
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett
Barton (TX)
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
Cantor
Cao
Capito
Carter
Cassidy
Chaffetz
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (AL)
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Edwards (TX)
Fallin
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
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
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Minnick
Moran (KS)
Myrick
Neugebauer
Nunes
Olson
Pence
Perriello
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Royce
Scalise
Schmidt
Schock
Scott (GA)
Sessions
Shadegg
Shimkus
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Turner
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)

NOES--261

Abercrombie
Ackerman
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Camp
Campbell
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Flake
Foster
Frank (MA)
Fudge
Garrett (NJ)
Gerlach
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Massa
Matheson
Matsui
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano

[[Page H9131]]

Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Peters
Peterson
Petri
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rohrabacher
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (VA)
Sensenbrenner
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Upton
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth

NOT VOTING--3

McCarthy (NY)
McHugh
Shuster

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.

{time}  1432

Ms. BALDWIN changed her vote from ``aye'' to ``no.''
Mr. BURGESS and Mrs. KIRKPATRICK of Arizona changed their vote from
``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 400,
nays 30, not voting 3, as follows:

[Roll No. 675]

YEAS--400

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)
Bishop (UT)
Blackburn
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)
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
Edwards (MD)
Edwards (TX)
Ehlers
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
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, 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
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (NY)
Levin
Lewis (CA)
Linder
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCaul
McClintock
McCollum
McCotter
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Minnick
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Radanovich
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
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Titus
Tonko
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Watson
Waxman
Weiner
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

NAYS--30

Baldwin
Blumenauer
Campbell
Duncan
Ellison
Filner
Flake
Frank (MA)
Griffith
Johnson (IL)
Kucinich
Lee (CA)
Lewis (GA)
Lofgren, Zoe
McDermott
Miller, George
Moore (WI)
Paul
Payne
Royce
Schakowsky
Sensenbrenner
Serrano
Speier
Stark
Tierney
Towns
Waters
Watt
Welch

NOT VOTING--3

McCarthy (NY)
Murphy, Tim
Spratt

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There is 1 minute
remaining in the vote.

{time}  1440

Mr. GRIFFITH changed his vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. CONYERS. Madam Speaker, on July 30, 2009, I inadvertently cast a
``yea'' vote for H.R. 3326. I intended to vote ``nay.''

____________________