Contractors and Federal Spending Accountability Act of 2008
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Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
April 24, 2008
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Introduced in House
July 12, 2007
Referred to the House Committee on Oversight and Government Reform.
July 12, 2007
Sponsor introductory remarks on measure. (CR E1519-1520)
July 13, 2007
Referred to the Subcommittee on Government Management, Organization, and Procurement.
July 17, 2007
Subcommittee Consideration and Mark-up Session Held.
March 11, 2008
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
March 11, 2008
Committee Consideration and Mark-up Session Held.
March 13, 2008
Ordered to be Reported (Amended) by Voice Vote.
March 13, 2008
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-596.
April 18, 2008
Placed on the Union Calendar, Calendar No. 369.
April 18, 2008
Mr. Towns moved to suspend the rules and pass the bill, as amended.
April 23, 2008 • 11:49 AM
Considered under suspension of the rules. (consideration: CR H2569-2572)
April 23, 2008 • 11:49 AM
DEBATE - The House proceeded with forty minutes of debate on H.R. 3033.
April 23, 2008 • 11:49 AM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H2569-2570)
April 23, 2008 • 12:08 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2569-2570)
April 23, 2008 • 12:08 PM
Motion to reconsider laid on the table Agreed to without objection.
April 23, 2008 • 12:08 PM
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
April 24, 2008
Floor Debate
20 membersWhat members said about H.R. 3033 on the floor
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Floor Debate
20 membersWhat members said about H.R. 3033 on the floor
Mr. Chairman, I appreciate the gentleman for bringing this amendment, and we lament the fact that our nuclear warheads are getting older, that we don't have a testing regime in place any longer and…
Mr. Chairman, I appreciate the gentleman for bringing this amendment, and we lament the fact that our nuclear warheads are getting older, that we don't have a testing regime in place any longer and that that necessarily deteriorates the reliability factor. So the idea was let's build a reliable replacement warhead, and the fact that we haven't proceeded down that path is really a tragedy.
Now, I know the gentleman has $10 million in this amendment for this Reliable Replacement Warhead. He takes some money from the energy conservation program, which has many, many good aspects. I know that some Members are torn between these two important goals, one of developing energy
conservation on military bases, and the other developing this warhead.
I come down, Mr. Chairman, on the side of ensuring that this critical asset, which is a very, very important part of America's security apparatus, that is, a reliable strategic deterrent, I come down on that side. As a result of that, I support Mr. Pearce's amendment very strongly.
I rise in opposition to the amendment, Mr. Chairman.
Thank you, Mr. Chairman.
First, Mr. Chairman, I want to congratulate Mr. Boren who is a great member of the Armed Services Committee for bringing this amendment, and I think we recognize a real problem with section 526, which is really a section, and his amendment does take away some of the onus of section 526.
Section 526 really weds us to high-grade Middle Eastern oil. It says that if you come up with other types of fuel that are alternatives, but that might have a greenhouse gas footprint higher than this high-end Middle Eastern oil, and there are very few types of petroleum-based fuels which do that, you can't use it.
Mr. Boren has taken some of the onus off of that by saying that if it's not predominantly that type of oil, meaning you can use, for example, tar sands from Canada and other types, that section 526 does not apply.
Now, the problem is, I'm reading the last of the amendment, and one of the conditions is that the contracts under which this petroleum product would flow says the contract--and I'm quoting from the last of the amendment--the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.
And I think we should be doing everything we can to expand refineries. I don't think we've built a refinery in decades, and we all sat in this Chamber and watched gas prices go through the roof here not too long ago when they had just a couple of refineries down for repair.
So I know Mr. Boren's heart's in the right place, and he's brought us at least halfway across the river here. I guess what I'd like to see is the double Boren amendment that takes us all the way and eliminates section 526.
I congratulate the gentleman. I know a lot of our Members are going to probably support this because it, in fact, does take us part way home. I wish we could go all the way, and I thank the gentleman for his amendment.
I reluctantly oppose it because I would like to see the full loaf here.
I reserve the balance of my time.
Mr. Chairman, I would like to yield at this time 3 minutes to Mr. Upton, the gentleman from Michigan.
Mr. Chairman, I think we've had a good discussion, and I appreciate the gentleman's amendment and his contribution to the committee, and we would yield back at this time.
Would the gentleman yield?
I thank the gentleman for yielding.
You know, one aspect of this that I thought was troubling also was the fact that private contractors will have to disclose the amounts of money that their particular people make. That's going to go out, presumably, to others; competitors will see that. These aren't publicly held companies. I think that that's an intrusion we don't necessarily need to make.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I reluctantly rise to oppose this amendment because of my great respect for the gentlewoman. But this Status of Forces Agreement is something that we've done now in over 80-some countries. And it's not a guarantee of security. It's not a guarantee of defense. It is not and should not be considered as a treaty. It is simply for the protection of American soldiers and American civilian personnel.
It sets out, for example, if you are sued, if you're charged with a criminal action, there has to be an agreement between the countries as to how people are treated, that is, how American personnel are treated, and under the agreement that Iraq has made with the United States.
Now, Secretary Gates has testified to us in the Armed Services Committee, and he has been asked about the SOFA, and he has said there are no security guarantees in this SOFA. We're going to have the same team that has done SOFAs, these Status of Forces Agreements, in many other countries, moving in to do the same Status of Forces Agreement that will go over the same types of things. And, again, this does not rise to the level of a treaty because this is not going to be an agreement with respect to security guarantees for Iraq. It will contain no security commitment, and it will not obligate force structure or troop strength or assure any other security guarantees.
So, Mr. Chairman, this is not a treaty. And I appreciate the gentlewoman's statements and her intent, and there may be at some point an agreement between Iraq and the United States that will be a treaty with respect to security commitments. This doesn't do it. What this does is protect American personnel. We need it and we need to negotiate it. We need to get it done. It's not a treaty, and we should not make it subject to ratification by Congress.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, once again, these Status of Forces Agreements, which are pretty run of the mill, do not manifest security commitments by the United States to protect the countries that they are made with. They talk about the treatment and describe the treatment of Americans with respect to getting licenses, licensing their vehicles, how they're going to be treated in cases of civil or criminal actions. Basically how the American who is in that particular foreign country, and again we have got 80 of them that we have done, how they are going to be treated by that host country.
Now, they are not security commitments, and if you have something that does, in fact, commit the United States to a security agreement with another country, and in this case Iraq, I have no dispute with my colleagues, that at that point you have a treaty, and a treaty, because it manifests commitments, has to be ratified.
But I don't understand why we are saying that the Status of Forces Agreement, which is going to talk about how our troops are treated in the same way that we talk about how American military personnel who are in Germany or Japan or 80 other countries are treated, how that now becomes something special because it's Iraq and, in the case of Iraq alone, we have to have a ratification by Congress.
I would reserve the balance of my time.
Once again, the gentlelady talked about a strategic framework agreement. That does manifest security commitments, and that does have to be ratified. But that is not the Status of Forces Agreement. The Status of Forces Agreement is simply about the treatment of American military personnel in that particular place. We are talking about two different things; one that has to be ratified and the other that doesn't. And I have heard no good argument as to why, of the 80 Status of Forces Agreements that we have around the world, why this one has to be ratified by Congress and none of the others have to be.
I reserve the balance of my time.
How much time do we have left, Mr. Chairman?
Mr. Chairman, I would just say to my colleagues, including the gentleman from Washington who spoke I think somewhat disparagingly of the President, this is part of the duties of an administration anywhere where you have American troops. You lay down rules of how they are going to be treated with respect to civil actions, criminal actions, licensing of vehicles, payment of taxes, all the things that affect a person who is now physically residing in that foreign country, whether it's an American civilian or a military guy who's stationed there. It's a necessary thing.
The idea that we are going to elevate this thing, which has been a fairly ministerial thing, to a treaty on the basis that the people who are speaking don't like the President doesn't make any sense. You know, when the Secretary of Defense comes in, testifies to our committee that there will be no commitments manifest in this particular SOFA with respect to security, he testifies to us to that effect, the idea that we say we are not going to believe him, and certain members of the other side don't like the President so they come down to say anything he does now has to be ratified by Congress, I think that disparages the process, Mr. Chairman.
We have got a fairly run-of-the-mill ministerial thing that we need to do and, once again, I say to my colleagues, this protects American personnel. The same team that has negotiated this with presumably dozens of countries and gone over the same ministerial stuff with respect to how people are treated in that country, will be talking to the Iraqi leadership and making that same negotiation on those same points.
So the idea that we now elevate this to a treaty; if a treaty is coming with this strategic framework, that does have to be ratified by Congress, and should be ratified by Congress. But let's not mix the two up. Let's protect our personnel and then let's move to this ratification or this decision of what any security commitments might be.
I would reserve the balance of my time.
Just one other point, and that is in the U.N. Security Council Resolution, under which our troops operate now, which provides for how they are treated in Iraq, expires in December. That is why we need to have a Status of Forces Agreement. If we don't have, and we now elevate this to a treaty, and Congress doesn't act on the treaty, they will lose their protection when the United Nations provision expires.
It doesn't make sense to put this onus on them, that somehow we are going to raise this thing to a treaty level and Congress, by golly, is going to have to now ratify it before we can decide how an E-5, a sergeant with a couple of stripes, living in Baghdad, how he is going to be treated with respect to the laws of that country. It doesn't make a lot of sense.
I think we ought to leave this thing alone. When we go to any treaties that actually manifest security commitments by the United States, certainly that has to be then ratified by Congress. This isn't one of them. It will be the 81st SOFA that we have had without requiring Congress to ratify it.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, first let me express my great respect for the gentleman who is offering this amendment. He does wonderful work on the committee and truly has a heart for those who have been impacted by the operations in Afghanistan and Iraq.
On that point, I would say I remember the time we were in Fallujah and a young Marine captain came up to us with some language he had written. In fact, his name was Kevin Coughlin. He thinks he has traded up. He moved on to the FBI from the committee staff. But we were so impressed with the language he had written to protect translators that we brought him back with us and made him part of the HASC staff. He did leave us a ``Dear John'' note after he left to go to work for the FBI, but a great young Marine captain. And he felt the same way we had, which is that our translators needed to be protected.
We have a program which protects them. Now, the question here is, are we going to mandate employment for them? That is the way I read this particular legislation. I don't think that is the right way to go.
I think that, first, a lot of these folks have got great initiative. They are happy to be in a free country. If we have a program to help make sure they know of all the job opportunities that are available and perhaps help them with language, make sure that they are connected with folks that are recruiting our people who need those language talents, I think that is great.
But I think the idea, at least the way I read this thing, that there is mandated employment, I think that is
going a step far. I think it is something we haven't done for other folks. In this case we have taken people and their families who helped the United States and we have relocated them in the greatest country in the world with the freedom to travel all these new roads that they have never been able to travel before.
But I think, for one thing, that the idea of guaranteed employment, if they have got a lot of spirit and a lot of initiative, that is the first way to kill spirit and initiative, is to give a guaranteed lifetime job to someone. I think we ought to take these folks who have this great energy, they have obviously displayed a loyalty to the United States, help them hook up with these thousands and tens of thousands of employers, including those in the government, but not have a program that guarantees employment.
So I thank the gentleman for the spirit of his amendment.
I would reserve the balance of my time.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Goode).
Mr. Chairman, I appreciate the remarks of both Mr. Israel and the ranking member. I am just looking at the language, and it says ``shall offer employment.'' So it clearly says, if I was going to read that as an agency head, I would say that means I must hire these folks.
Again, this committee worked to make sure that they got over here, that they were protected and that their families were protected, and I am glad we did that. I will offer my small offices. We have had jobs fairs at Bethesda and Walter Reed for our returning wounded warriors where we bring people from industry and we bring people from the agencies and we try to get them together with our wounded vets who are returning and help them to match up and get jobs. I would be happy to do the same thing with respect to these interpreters. And, indeed, interpreters have special skills. This should be something that can be done.
The only thing I would object to is the mandated job. We don't offer that to our veterans. I just think that is a step a little bit too far. But I would be happy to work with the gentleman in terms of helping them to access jobs.
Mr. Speaker, I yield myself such time as I might consume. To my great friend, Ike Skelton, and all my colleagues on the Armed Services Committee, it is an undeserved honor, but I want to thank you…
Mr. Speaker, I yield myself such time as I might consume.
To my great friend, Ike Skelton, and all my colleagues on the Armed Services Committee, it is an undeserved honor, but I want to thank you for the wonderful job that you have all done in putting this bill together.
This bill would not be, with all of the exigencies that we have had, and all of the difficulties in the other body to get their bill up, this bill would not be before this body now if it wasn't for the leadership of Ike Skelton.
There are a lot of military institutions in Missouri and around this country which teach members of the uniformed services leadership, but there is another institution which exhibits leadership every day, as chairman of this committee, and that's our chairman, Ike Skelton.
Ike worked this thing through a difficult period of time, with the emergencies that are emanating right now in the Capitol and the major economic emergency which is distracting lots of folks who otherwise could be working on this bill. Time schedules have been extremely difficult, and Ike Skelton, in his quiet way with his quiet leadership and his corporate understanding, he is the main body of history for the Armed Services Committee. He is the guy who remembers not only what happened in this committee 10 and 20 and 30 and 40 years ago, but also what happened in the wars that this Nation fought and what happened in that institution across the river known as the Pentagon. And being able to recall that history at important times in our deliberative processes is a great, great asset to this Nation. Ike, I want to congratulate you. This is your bill. It may have my name on it, but this is your bill. You brought this thing through to the House floor in the most difficult circumstances. Not only that, it is a wonderful bill.
The chairman has talked a lot about the details of the bill. This is an authorization of $531.4 billion. It does authorize a $68.6 billion bridge fund; a bridge fund, I might add, that was an initiative of the Armed Services Committee several years ago.
We looked at our troops in Afghanistan and Iraq and said they are going to have to have the equipment and the resources during the later months in the calendar year before that spring supplemental arrives, and we came up with the bridge fund. The President followed our lead. The appropriators have followed our lead, and it has been an excellent vehicle allowing us to maintain in these warfighting theaters while we are waiting for the next funding vehicle. My congratulations to Ike for that.
We do have a good pay raise for the members of the armed services, a 3.9 percent pay raise. You know, this bill does several other things, and I will speak generally about them. It leverages American strengths. It leverages American strengths by continuing to keep the line warm, for example, on F-22 which is a key weapon system because it is a weapon system with the capability to penetrate air defenses that are here today and which may be here tomorrow. It leverages two great American innovations: stealth and precision weapons.
I would urge all of my colleagues as we go into this very difficult, very dangerous era for the United States, to continue to put pressure on and to produce American leverage. And stealth and precision technology are two of those items of technology, as is undersea technology. And we are moving toward an acceleration of the submarine program in this bill. That is very critical.
One disappointment I have is we are not doing enough in space. I would just say to my colleagues that the shooting down of a satellite by China this last year heralded a new era of military competition in space with China whether we like it or not. When you are in a military competition, there is only one alternative and that is to win. So I would urge this committee to continue in the years ahead to build a capability in space to make sure that we maintain all of the institutions and the apparatus that we need there to make sure that our military operates effectively here and that our economy operates effectively here.
Also in the area of missile defense, we are moving ahead to try to establish a missile defense capability in Europe that would handle through that throat of approach out of an Iranian missile launch that might take place 5 years or 10 years or 15 years from now, or perhaps even earlier. That is an important item because that brings the partnership, the NATO-plus partnership of the newly freed captive nations, but also the NATO membership, along with us in what is sometimes a difficult path, an expensive path, but nonetheless a necessary path to defend the world in this new era of missiles.
Mr. Speaker, there are a lot of excellent items in this bill. In the end they all go down to and reflect on and focus on the most important warfighting leverage that the United States have, and that is the men and women of this country who wear the uniform of the United States.
I just want to commend my colleagues for the wonderful job that they have done in making sure that the men and women of the United States have the right equipment and the right incentives and good pay and good quality of life for their families such that when I was in a recruiting office the other day, and no I wasn't signing up, but when I was in one of the old Army recruiting offices in good old San Diego, the one shortage that they had, the one specialty, military occupational specialty that they had which was not available because too many people had subscribed for it and too many people had signed up for it was infantry.
And I thought in these dangerous theaters of Iraq and Afghanistan, the idea that we have more people than we need signing up for the United States infantry is a reflection largely on this committee.
We have two Members who are retiring, the great Mr. Everett of Alabama and the great Mr. Saxton of New Jersey. Mr. Udall is moving on to another race, and we wish him well in his endeavors. But those two gentlemen are retiring.
Terry Everett has done more good for this country behind closed doors than a lot of folks have done with lots of press conferences and lots of pronouncements. The quiet man. I know that Mrs. Tauscher held a nice going-away party for Mr. Everett that I thought was well-deserved. He is a quiet man who has done so much for
this country behind closed doors and is such a valuable asset to the United States.
And Mr. Saxton, who years before the war against terror started was the chairman of the Task Force on Terrorism here in the House who did lots of research and did lots of prediction that this would be the conflict and the challenge of this new era.
Jimmy Saxton is owed a debt of gratitude by everybody who wears those special forces uniforms around the world. Whether they are Seals or Army Rangers or Green Berets, Jimmy Saxton has devoted many years to making sure that they have gotten what they need. What a wonderful member of this committee he has been.
It is with a little touch of sadness that I am here on this last bill that I am going to be involved in with this undeserved honor of having my name on this bill, which is a case of more generosity than was deserved by the chairman and the members, but it has been an honor to serve on this committee. It is a wonderful bipartisan committee, probably the most bipartisan in the House of Representatives, always with our focus on the security of the United States, even in difficult economic times like these. This committee has a very excellent focus on what is important to keep that number one requirement, that number one Constitutional mandate on government, and that is our first obligation is to protect our people. This committee does a great job.
I reserve the balance of my time.
If the gentleman would yield.
I thank the gentleman. I remember being with him when the 82nd Airborne jumped into Honduras, when the Sandinistas came across the border, and I remember the press conference that was held after that. The gentleman's statements were so inspiring, I have never forgotten them. We have been in many parts of the world, the last time up on the DMZ watching the North Koreans. The gentleman has been a real leader in this committee, and I really appreciate it.
I yield 2 minutes to the gentleman from Alabama, a very distinguished gentleman, Mr. Everett.
I would yield to Mr. Thornberry, the distinguished gentleman from Texas, 2 minutes.
I would yield to Mr. Bartlett, the gentleman from Maryland, a very distinguished gentleman and one of our great leaders on the Armed Services Committee, 2 minutes.
Mr. Speaker, I would yield to Mr. Akin, the very distinguished gentleman from Missouri, 1 minute.
I want to commend my seatmate from San Diego for her very hard work on this bill and her leadership.
I yield 1 minute to Mr. McHugh, who over the many years has been one of the great leaders in this country for what I call, when we used to call the subcommittee the total force, which is the Guard, the Reserve, the active duty, those 2\1/2\ million men and women who serve this country so effectively, and to this guy who knows probably more about them than just about anybody I've ever met and knows more about policy, the gentleman from New York (Mr. McHugh).
Mr. Speaker, let me just conclude by again reflecting on the great leadership of Ike Skelton that brought this bill to the floor under such difficult circumstances. It's a great bill.
And lastly, to just reinforce a point that's been made by a number of speakers, you know, this is a city which really, whether you have a military crisis or an economic crisis, needs honest brokers, and those are people that can look at interested parties and make a decision that is made for the right reasons and made on the merits. This committee could not function, this Congress couldn't function, if we didn't have incredible, professional staff who can look right through a dozen conflicting interests and see one interest that should dominate the scene, and that's the American interest, the right thing to do.
And our professional staff members have that capability, and they have great character, and they have a lot of character, and in many cases, they are characters. Erin Conaton and Bob Simmons are the former staff director and the staff director, and their team have done such a great job of bringing this bill together, and only people in whom you could vest enormous amounts of trust could accomplish what they've accomplished.
I just want to commend them for this incredible undertaking that's been the last couple of weeks. They are all so sleepy right now they really just want to finish this thing and get off the floor. But let's thank them for what they've done for this country. We appreciate you.
With that, Mr. Speaker, I yield back my time.
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3001) to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military…
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3001) to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on the resolution under consideration.
Mr. Speaker, I yield myself such time as I might consume.
Mr. Speaker, I am very proud to bring the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to the floor today for approval by the House.
This bill represents a final agreement reached with the Senate, and I believe it can pass the Senate, which is critical, of course. The troops and their families need these authorities by September 30.
It's important to note this agreement was reached in a very short period of time. While the House finished its work back in May, the Senate approved its version of the bill just one week ago today.
The two Armed Services Committees have been working overtime ever since, and as a result we have not been able to provide all of the notice and time for examination of the bill that we normally would. I regret that fact. But I can assure the House that we observed all of the long-standing traditions of fairness and bipartisanship this committee is known for.
My good friend, Duncan Hunter, and his team of members and his staff have been involved in every step of this process, and we have also worked hard to consult with the outside committees on the issues that are within their jurisdiction. We also placed the completed bill and report language on our Web site as soon as it was done last evening.
This is a good bill. It authorizes $531.4 billion for the Department of Defense and the national security programs of the Department of Energy. It also authorizes $68.6 billion to support ongoing military operations in Iraq and Afghanistan during fiscal year
2009, a similar amount to that which passed the House in May.
To restore readiness, this agreement provides $8.6 billion for the Army and $1.8 billion for the Marine Corps to repair and replace equipment. This agreement also provides $800 million for National Guard and Reserve equipment. To help manage demands placed on our servicemembers by our military obligations, the agreement increases the size of the military by 7,000 soldiers, 5,000 marines, over 1,000 sailors and 450 airmen.
To improve the quality of life for our forces and their families, the agreement provides a 3.9 percent pay raise for the troops, which is .5 percent more than the President's budget request. The agreement also preserves important health care benefits by prohibiting fee increases in TRICARE and the TRICARE pharmacy program and creating new preventive health care initiatives to improve the readiness of our force.
Finally, I would like to say a word about the person for whom this bill is named, as well as for others who helped us get the bill done under an extraordinary time frame. Duncan Hunter has been a tireless advocate for the troops and a great partner, as well as a personal friend to me. The Armed Services Committee will miss him. I think it's deeply appropriate that we name this bill for him.
I also want to thank all the members of the Armed Services Committee, particularly the subcommittee chairmen and the ranking members. Finally, I wish to thank the bipartisan staff, fantastic staff, they couldn't be better. Our committee has been blessed with such a staff, and they have worked tirelessly to help get this bill negotiated and completed. It is an excellent bill. It's urgently needed by our military, and I urge my colleagues in the House, as well as in the Senate, to vote for the National Defense Authorization Act for Fiscal Year 2009, which is named for and in honor of Duncan Hunter, the ranking member, former chairman of this committee.
Mr. Speaker, I reserve the balance of my time.
I yield 2 minutes to my friend, the chairman of the Subcommittee on Readiness, the gentleman from Texas (Mr. Ortiz).
I yield 2 minutes to the gentlewoman from California (Mrs. Tauscher), the chairman of the Subcommittee on Strategic Forces.
Mr. Speaker, I yield 2 minutes to my friend and colleague, the gentleman from Mississippi, the chairman of the Subcommittee on Sea Power, Mr. Taylor.
Mr. Speaker, I yield 2 minutes to my friend, the chairman of the Subcommittee on Terrorism, Unconventional Threats, and Capabilities, the gentleman from Washington (Mr. Smith).
(Mr. SMITH of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the chairman of the Subcommittee on Military Personnel, the gentlewoman from California (Mrs. Davis).
Mr. Speaker, at this time, I yield 90 seconds to the gentlelady from New Hampshire for the purpose of a colloquy.
I thank the gentlelady for raising this important issue. I also commend her for her long-standing support and advocacy for the Portsmouth Naval Shipyard.
At her request to the committee to support critical facility improvement projects in this year's bill, I am delighted to inform her that we have included over $30 million in capital improvement projects, including a critical Waterfront Support Facility and a Consolidated Component Improvement Facility.
I would also like to make it clear for the record that due to a clerical error, Ms. Shea-Porter's name was not included in the transparency table that accompanied the bill showing that she had requested the Waterfront Support Facility. This was an oversight and will be corrected in an addendum to show that she had requested and supported the addition of these facilities in the bill.
I commend her for her strong support of the shipyard and would support her continued advocacy for this critical national asset.
Mr. Speaker, at this time, I yield 1 minute to my friend and colleague, the gentlelady from Illinois (Ms. Schakowsky).
I yield the gentlelady an additional 15 seconds.
Let me compliment the gentlelady from Illinois (Ms. Schakowsky) on her interest and her work on this issue, and I think in the days ahead the efforts will be understood and be fruitful as we move ahead with the defense of our Nation. I thank her for that.
We're coming to the end of a long, arduous process here in the House. Our wonderful staff has worked more than diligently, not just through the year but the last several days. In the last
five days actually, Mr. Speaker, they've done 6 weeks of work, phenomenal, miraculous, and I compliment them for that. Erin Conaton, the director, and Bob Simmons, the minority chief, have been superb to work with, and every member of the staff has been a professional in the finest sense of the word. I cannot brag on them more. And we're very grateful for their efforts, and their efforts will pay off for those young men and women, those families who wear the uniform of our country check as they do their professional work.
This effort is really for the security of our country and is done particularly for the young people who wear the uniform. They are, Mr. Speaker, our national treasures, and those of us on the committee understand that. We work toward that end, and as we vote for this bill and it passes, hopefully with a large, large majority, and goes to the Senate, and hopefully passes to the White House and to be signed by the President, those young gentlemen and young women who really make their life and their profession the national security of our country should know that we in Congress support them, back them up, and that we're immensely proud of the work that they do.
So, with that in mind, and thanks to all the Members of our committee, superb committee, subcommittee chairmen, subcommittee ranking, and every Member, our staff and those who give advice and recommendations to us have made this bill possible in a very, very short period of time.
So with that and a great deal of gratitude especially for my friend from California, Duncan Hunter, who we unanimously named this bill for, we will miss him terribly, but we thank him for his service to our Nation, to our Congress, to our committee as chairman and ranking member, and we appreciate him, and we'll long remember him.
Mr. Speaker, pursuant to H. Res. 1476, which the house adopted yesterday, I submit an addendum to the Joint Explanatory Statement which I entered into the Record yesterday.
Due to administrative error, a number of Member requests were not included in the transparency table in yesterday's submission.
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With that, Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
I thank my good friend, Mr. Hunter, for yielding to me, and thank him for his friendship, his counsel, and his undeserved kind words about me. He has been a tireless advocate for our men and women in…
I thank my good friend, Mr. Hunter, for yielding to me, and thank him for his friendship, his counsel, and his undeserved kind words about me. He has been a tireless advocate for our men and women in uniform, and this bill fittingly bears his name.
I want to congratulate the gentleman from Missouri (Mr. Skelton) and the gentlewoman from California (Mrs. Tauscher). She has shown great thought, candor and leadership in guiding the Strategic Forces Subcommittee forward.
I want to rise in strong support of this bill. This is a good bill. It provides vital resources for our armed forces, and strengthens our Nation's strategic forces. Our committee has worked well and worked together in a bipartisan, bicameral manner to produce this important legislation.
I am pleased that it restores $124 million for the European missile defense sites, and modifies conditions that would allow construction to begin.
Since May, both the Czech Republic and Poland have signed missile defense agreement. Iran continues to test longer-range missiles and ignore questions about their nuclear program.
The efforts reflects a shared commitment to our collective security. Therefore, I want to personally commend the Czech and Polish governments and encourage swift ratification of the agreements.
Mr. Speaker, I would be remiss if I did not recognize my fellow subcommittee members on both sides of the aisle and their staffs. We tackled complex issues such as space, missile defense and nuclear weapons, and do such with openness, diligence and professionalism.
Let me finish with this troubling statistic. China graduated 500,000 engineers. India graduated 200,000 engineers, and the United States graduated 70,000. We have some serious challenges ahead of us to maintain our technical leadership in space.
I would like my complete statement put in the Record.
Mr. Speaker, I thank my good friend, Mr. Hunter for yielding to me, and thank him for his friendship and counsel. Mr. Hunter has been a tireless advocate for our men and women in uniform and it is fitting for this defense bill to bear his name.
I also want to recognize and congratulate the gentleman from Missouri, Mr. Skelton, and especially the gentlewoman from California, Mrs. Tauscher.
She has shown great thought, candor, and leadership in guiding the Strategic Forces subcommittee forward.
I rise in support of the Ducan Hunter Fiscal Year 2009 National Defense Authorization Act.
This is a good bill that provides vital resources for our armed forces, and strengthens our nation's strategic forces.
Our committee has worked together in a bi-partisan, bicameral manner to produce this important national security legislation.
This bill makes some noteworthy improvements over the version passed by the House in May.
I am pleased that it restores $124 million for the European missile defense sites, and modifies conditions that would allow construction to begin.
Since May, both the Czech Republic and Poland have signed missile defense agreements. Iran continues to test longer-range missiles and ignore questions about its nuclear program.
These efforts reflect a shared commitment to our collective security. Therefore, I want to personally commend the Czech and Polish governments, and encourage swift ratification of the agreements.
We continue to endorse the development and fielding of near-term missile defense capabilities. The bill--
Increases Aegis Ballistic Missile Defense and THAAD by $120 million; and
Authorizes Ground-based Midcourse Defense (GMD) at the budget request.
The bill also restores some funds to key future capabilities, specifically Airborne Laser, K-E-I and the Multiple Kill Vehicle.
I am disappointed that an independent study to examine the feasibility of space-based interceptors was not included in the agreement. With other nation's antisatellite pursuits and missile threats becoming more sophisticated, I
felt it was time to study the viability of such technology.
I remain concerned about the Department's performance in its missile defense testing and targets program.
I am, however, committed to working with them to ensure the conditions for success are in place, so we can build greater confidence in our defense capabilities.
In the area of military space, the bill funds key space modernization programs such as SBIRS, G-P-S-III, W-G-S, and T-SAT. We included a provision that requires the Secretary of Defense and the Director of National Intelligence to review our communications bandwidth requirements--to ensure we have the capabilities in place to support our future weapons systems.
Within the area of atomic energy defense activities, the bill reflects broad bipartisan agreement. The bill--
Adds funds for key nuclear surety and weapons surveillance activities;
Establishes a nonproliferation scholarship program for college students; and
Directs an assessment of how to increase the security of nuclear weapons around the world.
We also emphasize that the Department of Defense should pay greater attention to nuclear weapons matters, particularly in light of recent nuclear mishaps.
The next administration will be faced with tough decisions about our Nation's aging nuclear infrastructure, weapons systems, and workforce. I was disappointed that we did not fund the Reliable Replacement Warhead Phase 2a study. I ask my colleagues to take a hard look at this concept.
It has the potential to provide our Nation with a safer, more secure, and reliable nuclear deterrent, that may permit greater reductions in our stockpile.
Finally, Mr. Speaker, I would be remiss if I did not recognize my fellow subcommittee members on both sides of the aisle, and their staffs. We tackle complex issues such as space, missile defense, and nuclear weapons policy, and do so with openness, diligence, and professionalism.
As the Strategic Forces former chairman and now ranking member, I have had the great fortune to meet incredibly hard-working, talented space, nuclear, missile defense, and intelligence professionals. However, they need our help and continued support.
I heard a troubling statistic this morning:
China graduated 50O,000 engineers.
India graduated 200,000.
The United States only graduated 70,000.
We have some serious challenges ahead of us to maintain our technical leadership.
During my 16 years in the House, it has been an honor and privilege to work on the Armed Services Committee to enhance our nation strategic forces capabilities, strengthen our national security, and support our men and women in uniform.
Mr. Speaker, I stand here today with a heavy heart as I cast my vote against S. 3001, the National Defense Authorization Act for Fiscal Year 2009. While I support our men and women in the armed…
Mr. Speaker, I stand here today with a heavy heart as I cast my vote against S. 3001, the National Defense Authorization Act for Fiscal Year 2009. While I support our men and women in the armed forces and our need to ensure our national security, I cannot with a clear conscience support a National Defense Authorization bill that includes money for Iraq without time-lines for an exodus.
Samuel Adams, who was known as the Father of the American Revolution, stated ``All might be free if they valued freedom, and defended it as they should.'' While most of us value freedom, many of us do not risk our lives for it on a daily basis like our troops fighting in Iraq and Afghanistan.
H. Con. Res. 320
That is why I chose to celebrate one of our heroic daughters of Texas, Specialist Monica L. Brown of the United States Army with House Concurrent Resolution 320 for her efforts earlier this year.
Specialist Brown was the first woman in Afghanistan and only the second female soldier since World War II to receive the Silver Star, the Nation's third-highest medal for valor. This solider from Lake Jackson, Texas is only 19 years old.
On April 25, 2007, Specialist Brown was part of a four-vehicle convoy patrolling near Jani Kheil in the eastern province of Paktia when a bomb struck one of the Humvees.
When Specialist Brown saw her fellow soldiers were injured, she grabbed her aid bag and started running toward the burning vehicle as insurgents opened fire. All five wounded soldiers from her platoon scrambled out. Under this commotion, she assessed her patients and moved them to a safer location because they were still receiving incoming fire.
The Pentagon's official policy is to prohibit women from serving in front line combat roles in the infantry, armor or artillery, but the nature of the wars in Afghanistan and Iraq, with no real front lines, has seen women soldiers take part in close quarters combat more than previous conflicts.
Though I have opposed the war in Iraq from its inception, I remain absolutely committed to ensuring that we recognize, celebrate, and honor the service of our sons and daughters returning from Iraq and Afghanistan. Our troops in Iraq did everything we asked them to do, and I firmly believe that we must commend the men and women of our military for their exemplary performance and success in Iraq.
Defense BIll
This defense bill reflects our commitment to support the men and women who fight to secure not only our citizens' freedom but the freedom of others. This bill will provide the necessary resources to protect the American people and our national interests at home and abroad. The Armed Services committee has provided for military readiness; taking care of our troops and their families; increasing focus on the war in Afghanistan; and improving interagency cooperation, oversight, and accountability in this year's defense authorization bill.
Defense Provisions
We must maintain our efforts to restore military readiness in order to meet current military challenges and prepare for the future. Thankfully, this defense bill:
Provides fair compensation and first-rate health care, and improve the quality of life of the men and women in the armed forces (active duty, National Guard and Reserves) and their families.
Provides our servicemen and women with the resources, training, technology, equipment (especially force protection) and authorities they need to succeed in combat and stability operations in Iraq and Afghanistan.
Seeks to reduce our Nation's strategic risk by taking action aimed at restoring, as soon as possible, the readiness of the military services to conduct the full range of their assigned missions.
Improves the efficiency of Defense Department programs and activities, and applies the savings toward high-priority programs.
Improves the ability of the armed forces to counter nontraditional threats, including terrorism and the proliferation of weapons of mass destruction.
Promotes the transformation of the armed forces to deal with the threats of the 21st century.
Ensures aggressive and thorough oversight of the Department's programs and activities to ensure proper stewardship of taxpayer dollars and compliance with relevant laws and regulations.
Thank You to Our Troops
We must extol our military for their courage and sacrifice in Operation Enduring Freedom and Operation Iraqi Freedom. The United States cannot and should not permanently prop up the Iraqi government and military. Whether or not my colleagues agree that the time has come to withdraw our American forces from Iraq, I believe that all of us are of one accord that our troops deserve our sincere thanks and congratulations.
The United States Armed Forces successfully toppled the regime of Saddam Hussein and captured the key cities of Iraq in only 21 days. The Armed Forces performed magnificently in conducting military operations designed to ensure that the people of Iraq would enjoy the benefits of a democratically-elected government governing a county that is capable of sustaining itself economically and politically and defending itself militarily.
While our troops have achieved the objectives for which they were sent to Iraq, they are now caught in the midst of a sectarian conflict. Unfortunately, there is no military solution to Iraq's ongoing political and sectarian conflicts.
The objectives for which this Congress authorized war in Iraq have been met; therefore, that authorization should no longer be the basis for ongoing involvement by U.S. armed forces. Our military has already paid too heavy a price for this Administration's ill-advised and poorly planned war effort in Iraq.
Mr. Speaker, although I appreciate the need to protect our great nation from enemies both foreign and domestic, and I support without hesitation our troops, I cannot in clear conscious support S. 3001 without clear withdrawal timelines for Iraq. I yield back the balance of my time.
However, I will continue supporting the funding that is particular to supporting our troops, their families and our veterans.
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Mr. Speaker, today I rise in strong support of the amendment offered to S. 3001, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. The bill, once again, renews our commitment…
Mr. Speaker, today I rise in strong support of the amendment offered to S. 3001, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. The bill, once again, renews our commitment to ensuring the highest levels of readiness and supporting the individual needs of our men and women in uniform. The bill is a product of hard work and dedication by our Chairman, Ranking Member and committee staff.
The bill also continues to ensure that Congress will have the appropriate oversight and accountability mechanisms in place to ensure the military build-up on Guam is a success. In particular, the bill establishes an account to manage funds contributed to the U.S. Government in support of the military build-up by the Government of Japan through authority granted in Section 2350k of Title 10 of the United States Code. This account will provide us, as well as the Government of Japan, with greater accountability of how funds are being used. Over $13 billion dollars on military construction projects alone will be spent on Guam over a six year period as stipulated in the Alliance Transformation and Realignment Agreement.
As important, the bill also contains provisions that express Congress's position on a variety of issues that will impact the local civilian community on Guam. Congress directs the Department of Defense to ensure that any improvements to utilities made on Guam as a result of the military build-up benefit the entire island community. Most specifically, it expresses that the Department of Defense should be a consumer and not a provider of basic services. If the Department of Defense is a consumer of water, power and wastewater resources then an economy of scales can be reached that will help lower the cost for both the military and civilian community.
The bill also calls on the federal government to work more closely with their respective counterpart agencies in the Government of Guam to develop Memoranda of Understanding to ensure continuity of effort as Administrations prepare to change in Washington, D.C. and in Guam. The Memoranda of Understanding will allow federal and local governments to adequately prepare and plan infrastructure needs to meet the capacity demands added by the build-up of forces on Guam. The agreements will also give private industry a commitment that the federal and local governments are serious about and committed to ensuring success for the build-up.
A successful example of a Memorandum of Understanding is the one signed by the Maritime Administration (MARAD) and the Port of Guam in May, 2008. The memorandum commits MARAD to use its technical expertise in contracting and planning to assist the Port of Guam in making necessary improvements for the port's capacity. The private sector, Government of Guam and the Department of Defense all agree that the port, if not improved and expanded, would have potentially been a ``bottleneck'' in the successful completion of projects related to the military build-up. However, the Memorandum of Understanding could not be fully implemented without the inclusion of authorizing language that is contained in the National Defense Authorization Act for Fiscal Year 2009. The language that I sponsored grants MARAD the authority to execute the terms of the Memorandum of Understanding. Now, we have a successful example of how Memoranda of Understanding can guide development of civilian infrastructure on Guam.
Finally, the bill continues this Congress's commitment to our nation's indispensable force, our citizen soldiers and airmen of the Army and Air National Guard. In addition to a 3.9% increase in pay for all service members, the bill adds $800 million specifically for National Guard and equipment. The bill also fully authorizes the Joint Cargo Aircraft (JCA) program for the Army, allowing them to procure seven aircraft in fiscal year 2009. However, in order to maintain this indispensable force, it was critical that we authorized a substantial increase in full time manning for the Army and Air National Guard, and this funding was placed in the base budget in a fiscally responsible manner. Ensuring that the National Guard has adequate full time positions is imperative if they are to remain a fully operational force.
There are other provisions of interest to me and of relevance to Department of Defense activities on Guam. Of note is a provision authorizing the Department of Defense to participate in and financially contribute to conservation banking and in-lieu fee mitigation initiatives. This is important to protecting our environment and Guam presents an ideal opportunity for the Department of Defense to partner with the Government of Guam toward meeting conservation goals and mitigating the impact of the military build-up. I regret that the other body has withheld support from some provisions related to the military build-up that were adopted earlier this year by this House.
I will continue to work on these provisions in the next Congress.
I want to thank Congressman Ike Skelton, Chairman of the House Armed Services Committee and Congressman Solomon Ortiz, Chairman of the Subcommittee on Readiness for their leadership and steadfast support of provisions relating to the Guam military build-up that are included in this bill. I also want to thank the staff of the House Committee on Armed Services, specifically Erin Conaton, Paul Arcangeli, Will Ebbs, Debra Wada, Eryn Robinson, Vickie Plunkett, Cathy Garman, Andrew Hunter and Michael Higgins. However, David Sienicki should be especially commended for his outstanding work and understanding of the strategic importance of the Guam military build-up.
I urge passage of the amendment to S. 3001.
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. First let me thank Chairman Skelton and Ranking Member Hunter for their work on this bill and…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
First let me thank Chairman Skelton and Ranking Member Hunter for their work on this bill and also for their devotion to the men and women of our Armed Forces.
Thank you very much on behalf of my dad, retired Lieutenant Colonel, recently deceased, Garvin Tutt. Thank you, Mr. Skelton; thank you, Mr. Hunter.
Mr. Chairman, my amendment is simple and straightforward. It provides that no provision contained in any Status of Forces Agreement, or SOFA, negotiated between the President and the Government of Iraq which commits the United States to the defense and security of Iraq from internal and external threats is valid unless this agreement has been authorized and approved by Congress.
This may sound complicated but it really is not. The issue is really simple. Should President Bush, this President, or any President be allowed to obligate our troops to a long-term commitment to spend resources and provide troops to defend Iraq against its enemies internal or external without congressional review? The longstanding answer and constitutional answer to this question is ``no.'' So, Mr. Chairman, this amendment should not be controversial.
And why is it needed? Because in November, 2007, President Bush and Iraqi Prime Minister Maliki signed the Declaration of Principles for Friendship and Cooperation, which included an unprecedented commitment to defend Iraq against internal and external threats. Frankly, this is not only unprecedented, but it is really insulting when one considers that the agreement does require the review and approval of the Iraqi Parliament but not our own Congress. That doesn't make any sense. If prior review and approval is good enough for the Iraqi Parliament, it is good enough for the United States Congress. In fact, it is essential for the United States Congress to give their approval.
I want to take a moment to address the position of the administration and some of my Republican colleagues who would argue that the agreement is nothing more than a garden variety. Status of Forces Agreements, for the most part, don't require congressional involvement or approval. But the reality is that this Declaration of Principles goes far beyond what is typically covered in the Status of Forces Agreement, or SOFA. The reality is that routine SOFAs do not include any guarantee to defend a host country against external or internal threats. That just has not been part of prior SOFA agreements.
I cannot underscore just how serious this commitment is. An agreement of this kind to commit American troops to the defense of security of another country is not routine or typical or minor. It is a major commitment that must have the support of the American people, and that popular support will only be reflected through the Congress of the United States, the people's House.
Mr. Chairman, if a decision is made about keeping troops in Iraq indefinitely, then it is the Congress that
should have a say. My amendment does that.
I want to be clear, though, that this amendment is not about redeploying our troops from Iraq, a position that I strongly support, nor is it about timelines or reconstruction or oil or the various other debates raging around our occupation of Iraq. We can't undo the suffering, the death, the horrible injuries, the deep psychological scars, or the millions of lives that are forever altered, and we can't erase the misrepresentations made, the mistakes made, or the damage done. But we can, however, prevent future mistakes. And it would be a disastrous mistake to let the current declaration move forward without congressional debate and approval.
So this amendment is about the future. Do we want the next President and Congress to inherit a situation where our troops are committed to fight Iraqi civil wars and any entity the Iraqis deem a threat? Do we really want that? Do we want to do that without even having debated it or allowing congressional review? Do we really want that?
This is about standing up for Congress and the Constitution. Again, this amendment is responsible, practical, and necessary. For these reasons, I urge all Members to support my amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I would like to yield 1 minute to the chairman of the committee, the gentleman from Missouri (Mr. Skelton).
Mr. Chairman, how much time do I have left?
I would yield 1 minute to the gentlelady from Connecticut (Ms. DeLauro).
I yield 1 minute to the gentleman from Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend his remarks.)
I would like to yield 1 minute to the gentlelady from California (Ms. Woolsey).
I would like to yield now 1 minute to the gentleman from Vermont (Mr. Welch).
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, I'd like to yield the remaining time to close to the chairman of the Armed Services Committee, the gentleman from Missouri (Mr. Skelton).
Mr. Chairman, I offer an amendment. Mr. Chairman, this Congress, the House and Senate, have passed important Federal contracting reforms, but neither body has assembled them into a comprehensive…
Mr. Chairman, I offer an amendment.
Mr. Chairman, this Congress, the House and Senate, have passed important Federal contracting reforms, but neither body has assembled them into a comprehensive package. My ``clean contracting'' amendment to the National Defense Authorization Act consolidates these provisions into a single reform measure.
I want to particularly thank Chairman Skelton for working with me to help bring this amendment before the House today. He has been a tremendous partner in the fight to root out waste, fraud and abuse.
The clean contracting amendment would require agencies to enhance competition in contracting, limit the use of abuse-prone contracts, rebuild the Federal acquisition workforce, strengthen antifraud measures, and increase transparency in Federal contracting.
The provisions of the amendment are based on provisions that have already passed the House or Senate, or are government-wide versions of Defense provisions that passed in last year's DOD authorization. They respond to procurement abuses that the Oversight Committee, the Armed Services Committees, and other committees have identified in hearings and investigative reports.
The egregious procurement practices that have occurred in Iraq and in response to Hurricane Katrina and at the
Department of Homeland Security need to be halted. They may enrich companies like Halliburton and Blackwater, but have squandered billions of dollars that belong to the taxpayer.
This amendment says that Congress is serious about stopping waste, fraud and abuse. One important provision deals directly with no-bid contracts and requires agencies to develop plans to promote competition. This provision is needed because the value of contracts awarded without full and open competition has more than tripled since 2000, rising from $67 billion in 2000 to almost $207 billion in 2006. Full and open competition provides the government with its best guarantee that tax dollars are being spent economically and efficiently.
Another important measure would limit the length of no-bid contracts awarded in emergencies to 9 months. This provision would end the abuses that occurred after Hurricane Katrina when many ``emergency'' contracts were allowed to continue for years.
The amendment would also curb the use of cost-plus contracts, which provide contractors with little incentive to control costs. Spending under this kind of contract grew over 75 percent between 2000 and 2005.
Another important provision would prohibit contractors from charging excessive mark-up charges for work done by subcontractors. This would prevent the infamous ``blue roof'' scandal following Hurricane Katrina where taxpayers paid almost $2,500 for something that actually cost $300.
Other vital provisions of this amendment would provide whistleblower protections to civilian contractor employees, fund increases in the acquisition workforce, and prevent the abuse of interagency contracts, as was the case at Abu Ghraib, where interrogators were hired using an Interior Department contract for information technology.
The amendment also includes three provisions which have recently passed the House under suspension of the rules. One, authored by Representative Welch, requires mandatory reporting of fraud by contractors. Another, based on the bill by Representative Murphy, requires the disclosure of CEO salaries if a company makes most of its money from government funds. The third, based on a bill authored by Representative Maloney, requires the development of a database of suspension and debarment information. I want to commend these Members for their hard work on these issues.
I also want to particularly thank Chairwoman Velazquez of the Small Business Committee for working with us to perfect some of the language in this bill.
I urge Members to support the Clean Contracting amendment.
I reserve the balance of my time.
Mr. Chairman, I do want to express my appreciation to Ranking Member Davis for the hard work and contribution; he helped us in fashioning so much of this legislation.
At this point, I yield 1\1/2\ minutes to the gentleman from Connecticut, who is an author of an important provision in this bill and is a very valued member of our committee.
Mr. Chairman, this amendment, which consolidates a number of other provisions, has within it a provision that the House also passed on the suspension calendar authored by the gentleman from Vermont, Congressman Welch. I yield 1\1/2\ minutes to him at this point.
Mr. Chairman, I would like to yield 1\1/2\ minutes to a very valuable member of our Oversight Committee who has been a watchdog to make sure that we are not wasting taxpayers' dollars, the gentleman from Tennessee (Mr. Cooper).
Mr. Chairman, I yield the balance of my time to my very good friend and respected leader, the chairman of the Committee on Armed Services (Mr. Skelton).
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. (Mr. PEARCE asked and was given permission to revise and extend his remarks.) Mr. Chairman, I…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
(Mr. PEARCE asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I rise today to offer an amendment to restore a small sum of money into an important program, the Reliable Replacement Warhead program. The RRW is critically important for our national security. Our current nuclear stockpile is aging. As it ages, we must constantly pour more money into maintaining the aging weapons.
We have a choice to make as a Nation: Do we continue to rely on current weapon stockpiles and pay an increasing cost of maintaining the readiness and reliability of these weapons, or do we develop a new line of weapons to replace the current stockpile? The RRW would improve the overall shelf life of a warhead from 30 to over 50 years, and the program is true to its name.
RRW does not pursue new nuclear weapons capabilities. Rather, it pursues making our weapons more reliable, and more reliable weapons will help reduce the maintenance costs of our nuclear stockpile and ensure that we have stable and reliable weapons ready, and most notably, reduce our overall nuclear stockpile by potentially as many as 1,000 warheads.
Without RRW, we will continue to have a larger weapon stockpile. Not pursuing RRW is essentially counterproductive to our stated goals of arms reduction. Not only is my amendment the responsible thing to do for our national security, it's the fiscally responsible choice as well. The current life extension programs that are designed to extend the shelf life of expired warheads are at a great cost to the taxpayer.
I think we should all agree on the goal of reducing our total stockpile of nuclear arms, and if you agree with that goal, then I urge you to adopt my amendment to restore funding for the RRW program, the Reliable Replacement Warhead program.
I reserve the balance of my time.
Mr. Chairman, I would yield 1 minute to the gentleman from California (Mr. Hunter).
Mr. Chairman, how much time is remaining?
Mr. Chairman, I yield myself such time as I might consume.
Mr. Chairman, I have heard the arguments that maybe we're taking too much money from the EEC program, the Energy Efficiency Conservation program, that we're actually taking 12 percent was what was stated, but actually the truth is from last year's funding, we're not taking a penny. We're actually leaving that program funded at exactly the same level.
I have heard that we should not be building new weapons in order to give the right example to some of our friends around the world. And when I consider our attempts to influence our friends in North Korea, I would think that our unwillingness to build new weapons won't influence them at all. And when I think about influencing our friends in Iran, I think that our new posture of not maintaining our nuclear weapons will not influence them at all. In fact, they might be influenced in the other way.
Mr. Chairman, the world is not safer since 9/11. The world is more dangerous. During the 50 or so years of the Cold War, we didn't experience one strike inside the United States that even came close to being like the attack on 9/11. Yet after the Cold War, 1993, we had the first attack on the World Trade Center and then the second attack in 2001.
The world is getting progressively more dangerous, and I think for us to think that we can negotiate with these different countries is one that we should back up with the capability to strike back if a strike is needed.
I would reserve the balance of my time, Mr. Chairman.
Mr. Chairman, I've listened with respect to the arguments from all of the speakers on the opposition side. I would note that $10 million, the amount that is designated for the RRW, is just enough to keep the doors open; that once we allow this team of experts to dissipate, once these people are hired away, then we will never build another team possible. This is just enough money to hold the human resources together to produce these weapons because we will not be able to produce them after we give up the human technology, the human capabilities, and so just enough to keep the doors open. It's exactly what the Senate did last year
I would urge passage of the Pearce amendment.
Mr. Chairman, I demand a recorded vote.
Mr. Speaker, I thank the gentleman for his hard work on so many important issues to the great city of New York and our country. I rise in strong support of H.R. 3033, the Contractor and Federal…
Mr. Speaker, I thank the gentleman for his hard work on so many important issues to the great city of New York and our country.
I rise in strong support of H.R. 3033, the Contractor and Federal Spending Accountability Act, legislation I have authored to help bring integrity and accountability to the Federal procurement system. I want to thank Chairman Waxman and Ranking Member Davis, Chairman Towns and their staffs, and my own staff, for working so hard on this legislation.
The bill before us today has been modified from the version reported out by the committee to address concerns raised by some Members, including Ranking Member Davis. I want to thank him for his positive efforts on this bill, and for many positive efforts he has given to this committee in working in a collaborative way, and express my regret that he is retiring this year from this body.
Also, the concerns of the Chamber of Commerce have been addressed in the underlying bill. H.R. 3033, as amended, will fortify the current Federal suspension and debarment system by establishing a centralized and comprehensive database on actions taken against Federal contractors and assist participants requiring a description of each of these actions.
While the government has several separate information systems, currently there is no centralized comprehensive database for contracting officers to review prior performance and to review information on contractors before making an award or an additional contract award to contractors.
It requires the contracting officer to document why a prospective awardee is deemed responsible if that awardee has two or more offenses which would be cause for debarment within a 3-year period. H.R. 3033, as amended, specifies and clarifies that a ``concluded'' proceeding is one in which there is a finding of fault on the part of the person and the payment of restitution to a Federal or State government of $5,000 or more.
Additionally, it improves and clarifies the role of the Interagency Committee on Debarments and Suspension, and requires the administrator of General Services to report to Congress within 180 days with recommendations for further action to create the database.
This legislation has been strongly and consistently supported by the Campaign for Quality Construction and the Project on Government Oversight.
Currently the Federal Government's watchdogs, the Federal suspension and debarment officials, lack the information that they need to protect our business interests and taxpayers' dollars.
This system will give government procurement officers who are making these decisions more information about the qualifications and track records of the contractors. Beyond a listing of currently debarred or suspended persons, officials are now limited to their individual agency's knowledge of an entity's track record. This bill will make it easier for these procurement officers to prevent them giving contracts to those who repeatedly violate Federal laws or have poor performance, and it will prevent them from receiving future dollars from the Federal Government.
As a New York City councilwoman, I successfully led an effort to reform the contracting system of New York City. Included in that effort was a Vendex system which checked the backgrounds and the work of the contractors before awarding contracts. It has been credited with saving the city of New York hundreds of millions of dollars.
The United States is the largest purchaser of goods and services in the world, spending more than $419 billion on procurement awards in 2006, and over $440 billion on grants in 2005. It is Congress's responsibility to ensure that taxpayer dollars are used wisely and not wasted, certainly not wasted in our contracting system, and we should not be giving awards to contractors who have poor performance records.
I believe by improving the system for awarding contracts, I believe that this is critical for boosting the public's faith in our government and it will save taxpayers' dollars. I urge my colleagues to support this reform bill.
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3033) to improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3033) to improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3033, the Contractors and Federal Spending Accountability Act of 2008, will help give Federal contracting officials the information they need to award contracts to most deserving companies. The Federal Government must spend taxpayer dollars as efficiently and responsibly as possible, and it is our job to make sure that happens. This bill will help Federal officials to decide whether or not a company bidding for a contract is responsible enough to get it.
If someone has to spend a lot of money on something, like a car, the responsible thing to do is to make sure that the person or dealership you will be doing business with is responsible and won't rip you off. You would want to find all the information that you can about how they do business.
The Federal Government must spend taxpayer dollars as efficiently and responsibly as possible, and it is our job to make sure that happens. This bill will help Federal officials to decide whether or not a company bidding for a contract is responsible enough to get it.
H.R. 3033 mandates the creation of a database that will record legal proceedings brought by the Federal Government and State governments against contractors. It will also record suspensions and debarments, whether previous contracts have been terminated for cause, and any previous finding by contracting officials that a company does not have a satisfactory record of integrity and business ethics. All Federal officials who award contracts will have access to this data, and it will go a long way to help them make informed decisions about the companies they are considering.
The bill also requires that if the database shows that someone is a repeat offender, two or more serious convictions or judgments for the same issue within 3 years, then the contracting officer has to explain in writing why they believe the contractor is currently responsible before a new contract can be awarded. This is another commonsense idea that will save money for the taxpayers.
I want to thank my friend and colleague from New York, Carolyn Maloney, for sponsoring this bill and for putting so much work into it. When she was on the New York City Council, she passed a similar law. The New York City database, called Vendex, has been a great success, and it is the model of the Federal database that this bill creates.
I also want to thank the chairman of our full committee, Congressman Waxman. Of course, I want to thank Ranking Member Davis, and I want to thank the ranking member of the subcommittee, Mr. Bilbray, for his support as well.
Mr. Speaker, H.R. 3033 will be an important tool to help Federal officials make the best use of taxpayer dollars when awarding contracts. I am proud to be a cosponsor of the bill, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentlewoman from New York (Mrs. Maloney) who is the person who sponsored the bill and has done some tremendous work.
I yield 5 minutes to the chairman of the full committee, the Honorable Henry Waxman from the great State of California.
Mr. Speaker, I yield back the balance of my time.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself as much time as I may consume. Today, I rise in support of my amendment to the Duncan Hunter National Defense Authorization Act for…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself as much time as I may consume.
Today, I rise in support of my amendment to the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 that would bring additional clarity to the language in section 526 of the Energy Independence and Security Act of 2007.
First, I would like to thank Chairman Skelton and Ranking Member Hunter for their exceptional work in crafting this important piece of legislation that is extremely vital for the defense needs of this Nation. This is a good bill. I believe it will address the readiness needs of our Armed Forces for the near and distant future. Our servicemembers that so bravely protect and defend our Nation deserve nothing less than our full support.
Mr. Chairman, my amendment now being considered before this Chamber would amend section 526 of the Energy Independence and Security Act in a manner that would address the concerns that I share with many of my fellow colleagues within this Chamber.
Section 526 prohibits any Federal agency from entering into a contract to purchase alternative or synthetic fuels for mobility- related purposes, unless the life-cycle greenhouse gas emissions of such fuels are less than that of conventional petroleum-based fuels.
While I recognize the positive intent behind section 526 to reduce greenhouse gas emissions, I have strong concerns about how it will affect the ability of DOD to provide for the future energy needs of our Armed Forces.
Section 526 falls short of determining what alternative or synthetic fuels Federal agencies are prohibited from contracting to purchase. It also does not clearly define ``nonconventional petroleum sources.'' This ambiguity in the law, therefore, creates uncertainty as to whether the Department of Defense can procure generally available fuels that contain mix-in amounts of fuel derived from nonconventional petroleum sources, such as oil sands.
My amendment would amend section 526 to allow DOD and other Federal agencies to enter into contracts to purchase generally available fuels that are not predominantly derived from nonconventional fuel sources. Any contract to purchase such fuel must specify that the lifecycle greenhouse emissions are less than that of conventional petroleum sources.
If my amendment is adopted, it would not repeal section 526. Rather, it will improve section 526 to provide additional clarity that is needed to meet the future energy needs of our Armed Forces.
Mr. Chairman, this amendment reflects an agreement--this is very important--this is an agreement that was reached with the respective committees of jurisdiction, House leadership and myself. I am very pleased that we were able to reach a compromise on the language of this amendment that is mutually acceptable to all parties.
Therefore, I urge my colleagues from both sides of the aisle to support the adoption of this amendment.
I want to thank the chairman.
I reserve the balance of my time.
Mr. Chairman, I want to thank the ranking member for his friendship. I know this is his last term here on Capitol Hill, and he's been a great leader for our committee. He's also a fellow deer hunter friend of mine, and I would also like to see the double Boren amendment. We're going to try to take half a loaf right now and work on this in the future.
At this time, I would like to yield 1\1/2\ minutes to my great friend and colleague from the State of Texas (Mr. Ortiz).
I yield back the balance of my time.
I thank the gentleman for yielding. I also wish to compliment him on this amendment. Mr. Chairman, there was a lot of hard work that went into this, and what it would do is add the Clean Contracting…
I thank the gentleman for yielding. I also wish to compliment him on this amendment.
Mr. Chairman, there was a lot of hard work that went into this, and what it would do is add the Clean Contracting Act of 2008 to national security and defense. It compiles provisions that have already passed the House or would extend acquisition reforms passed for the Department of Defense in prior authorization bills in identical form. It also adds a couple of new measures.
This Waxman amendment complements last year's bill in which we extended several of the reforms beyond the Department of Defense, and it also included several bills that have already passed, such as the Contractors and Federal Spending Accountability Act offered by Representative Maloney, the Close the Contractor Fraud Loophole Act offered by Mr. Welch, and the Government Contractor Accountability Act offered by Mr. Chris Murphy.
There's a lot of hard work that goes into this. And we are always going to have difficulties in the acquisition process and the contracting process. But this is a major step in that direction, and I favor it.
Mr. Chairman, this is really a reflection of constitutionality. This refers to any agreement that requires the United States to take action on behalf of an ally in the face of an attack. This is one that is an agreement that is a security agreement, and it requires either a treaty ratified by the United States Senate or a provision passed by the entire Congress of the United States.
It's unclear, for instance, that if the Iraqis could repel any external invasion or address a serious internal threat without America that the United States could avoid being involved against its will in such a situation. Quite honestly, it is a requirement that the Constitution be followed. A security agreement, by the way, is different from a Status of Forces Agreement. I favor the amendment.
Mr. Chairman, this is first-year law school discussion. If you read the amendment offered by the gentlelady, it makes reference to 1212(a)(1)(a)(4). It applies only to this. I read that section: ``Any security agreement, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq.'' That doesn't say a thing, not a blooming thing about Status of Forces Agreement. So that is what we are talking about. That is why a treaty is required or a consent of Congress.
Mr. Chairman, I go back to the basics, and that is, read the amendment before you. This amendment asks that the Secretaries jointly establish and operate a temporary program to offer employment as translators, interpreters, et cetera. This is not a mandate in the words at all that are before us. Under this amendment, these Iraqis must have assisted our country in Iraq for at least a year and be here in the United States legally.
As a practical matter, these are the Iraqis who have been brought to our country under the legislation offered by my good friend Duncan Hunter that was included in the National Defense Authorization Act of 2 years ago, which is good language. We are also not talking about a large number of people. We are talking about 760 people who have been brought to the United States.
I think we can do something for them. I think a careful reading of the amendment will solve a lot of discussion today. Mr. Israel is right.
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I want to thank Chairman Skelton for his leadership, Chairman Waxman, Mr. Hunter and Mr. Davis. I have been listening to Mr. Davis, and he makes a good point; you have to, when you're spending $1…
I want to thank Chairman Skelton for his leadership, Chairman Waxman, Mr. Hunter and Mr. Davis.
I have been listening to Mr. Davis, and he makes a good point; you have to, when you're spending $1 trillion on a war--and we're pushing that--have a good acquisition team. But that really begs the question, we have to have oversight. And there has been documented an astonishing amount of waste, fraud and absolute rip-off in this expenditure of close to $1 trillion. And that does require some simple reporting requirements.
Mr. Murphy's amendment, where private companies that go into contracts from $700,000, and then when the war starts over the next 4 years to $1 billion, that 10 percent cut for the owner of that company, or the owners, the public has a right to know. Sunlight is going to put some limits on how much profit is reasonable when our soldiers are working so hard for so little.
Secondly, when we have no-bid contracts--and these have proliferated so that they are about over $1 trillion--and the companies that have those contracts become aware of fraud, why is it not plain common sense that that company would have the obligation immediately to report to the American government their knowledge of fraud so that we can save taxpayer dollars, particularly when these involve national security contracts, oftentimes with things that are going to protect our troops? We owe them no less and we owe our taxpayers no less. So I thank the gentlemen for the work that they've done to restore fiscal responsibility.
Mr. Chairman, I thank the gentlewoman from California. We have two issues here. The first is whether this body, the Congress of the United States, is going to exercise its responsibility or abnegate its responsibility to the President of the United States.
We have a bit of a factual dispute about the nature of this agreement. The chairman of our committee, a distinguished veteran, has made it clear that this can be in the nature of a treaty. That is what it applies to. It could implicate us in the second issue, and that is where the United States should be providing security when essentially you have a civil war.
The agreements and Status of Force Agreements that Mr. Hunter has described have been with countries that have stability. This is a country that has Shia fighting Shia, Shia fighting Sunni, the Kurds sitting on the side, waiting. The United States should not be providing security guarantees without the vote of Congress in that circumstance.
I thank the gentleman from New York.
The Israel amendment recognizes that we have a responsibility to the Iraqis who by helping us have put a bull's eye on their back. The interpreters every single day are in immense jeopardy. They have many people who, if their identity is determined, will kill them.
But as aggressive as Mr. Israel is in promoting this amendment, he is really the second-most aggressive advocate. The most aggressive are our soldiers, who have benefited day in and day out from the services of people they have come to call their brothers. They want us to stand up for the people who have stood up for them.
And do they need a job when they come here? Of course they do. This is about doing work so that they can maintain body and soul. It is also about them having work that can continue to help our men and women in uniform.
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, this amendment solves a critical deficiency in our warfighting and our peacekeeping capabilities by strengthening the Arab language…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, this amendment solves a critical deficiency in our warfighting and our peacekeeping capabilities by strengthening the Arab language capabilities in the Department of Defense and Department of State. There are literally hundreds of Iraqis in the United States who supported our military units as translators in Iraq. They risked their lives, they risked their families' lives. They went on patrol in very dangerous areas, told our servicemembers what the enemy was saying, what was being said.
Then they came here to escape persecution, and when they got here, they wanted to continue providing those critical linguistic abilities and they were told there was no place for them to work. Many of them today are working in Safeways and working in Home Depots and working in restaurants, instead of providing the linguistic capabilities that we desperately need in the military theater.
Study after study after study, including the Quadrennial Defense Review, points to the critical deficiency we have in understanding the cultures and languages that we are fighting in. Our Nation now has hundreds of people who grew up in those cultures, speak those languages, pass background checks, risk their lives, and what do we do, even though we need their skills? We let them bag groceries at a Safeway. It doesn't make any sense.
This amendment would help solve that problem by instructing DOD and the Department of State to create a temporary program that would offer employment as translators, interpreters, or culture awareness instructors in Iraq, who meet certain rigid criteria. One, they must be here legally. Two, they must have worked for at least the last 12 months as translators in Iraq since 2003 for our troops or for another U.S. Government agency.
This amendment is endorsed by the Episcopal Church, Veterans for Common Sense, the International Rescue Committee, Church World Service, which works very hard on it, and many additional groups.
I would like to read into the Record, Mr. Chairman, a statement by Major Andrew Morton, U.S. Army Active Service, a former Director of Strategic Communications for Multinational Forces in Iraq, where he says, ``Representative's Israel's proposed amendment is a critically needed program to assist these many Iraqis who have put themselves and their families in harm's way to assist our joint operations in Iraq.''
This is a very important amendment in helping those who were protecting us, and I urge its passage.
I reserve the balance of my time.
I thank the gentleman. I would assure him that this in no way mandates a program. It asks the Secretary of Defense and the Secretary of State to create one, but it is totally at their discretion and provides ultimate flexibility for them.
Mr. Chairman, I yield 1 minute to the distinguished gentleman from Vermont (Mr. Welch).
Mr. Chairman, I would just point out to my good friend from Virginia that these translators did risk their lives to help our troops in Iraq. If they stayed in Iraq, they would in all likelihood be killed. The reason they come here is to escape assassination.
With that, I yield such time as he may consume to the gentleman from Missouri (Mr. Skelton), the distinguished chairman of the committee.
Mr. Speaker, I rise today in strong support of S. 3001, the ``The National Defense Authorization Act for Fiscal Year 2009.'' This legislation gives critical assistance to our troops including…
Mr. Speaker, I rise today in strong support of S. 3001, the ``The National Defense Authorization Act for Fiscal Year 2009.'' This legislation gives critical assistance to our troops including providing equipment and training, providing all servicemembers with a pay raise of 3.9 percent, and improving health care.
I also want to note provisions in the bill based on legislation, H.R. 3033, the ``Contractors and Federal Spending Accountability Act,'' that I have been introducing since the 107th Congress to bring integrity back to the federal procurement system. S. 3001 will establish a comprehensive, centralized database that will keep track of the integrity and performance of certain persons awarded federal contracts and grants, more efficiently monitor the federal procurement system, and help protect U.S. taxpayer dollars. Any person awarded a federal agency contract or grant in excess of $500,000 would be included in the database including information related to any civil, criminal, or administrative proceedings involving the person. Currently, no central database exists to help procurement officials track fraudulent contractors who do business with the federal government.
As a City Councilwoman, I successfully led an effort to implement a similar system. This system has aided the City of New York tremendously, and it has prevented habitual bad actors and felons from being awarded city contracts.
Such a system is badly needed at the federal level. The contract officers and the federal government's watchdogs, the federal suspension and debarment officials, currently lack the information they need to protect our business interests. We have no central way of accounting for the performance of our purchases. Beyond a listing of currently debarred or suspended persons, officials are limited to their individual agency's knowledge of an entity's track record, press reports and personal contacts with other agencies. The American public's knowledge is limited even further. Often times this allows federal contractors and assistance recipients to repeatedly violate federal law yet still receive millions of dollars from the federal government.
The federal government spends more than $417 billion annually on goods and services. We owe it to the American people to be a model consumer. Today, we are taking an important step toward bringing greater transparency to the federal contracting process.
I want to thank Chairman Waxman, Ranking Member Tom Davis, Chairman Towns, and their staffs, particularly Mark Stephenson, for working with me on this issue. I also want to acknowledge the efforts of Senator McCaskill who championed the database provisions in the Senate as well as Representative Mark Udall who joined me in support of a contracting reform amendment when the House considered the Defense Authorization legislation earlier this year.
I urge my colleagues to support S. 3001.
Mr. Chairman, I rise in opposition. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in opposition to the Pearce amendment to H.R. 5658, the fiscal year 2009 defense…
Mr. Chairman, I rise in opposition.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in opposition to the Pearce amendment to H.R. 5658, the fiscal year 2009 defense authorization bill. The Pearce amendment would restore $10 million for the Reliable Replacement Warhead that our bill currently redirects to a more broad-based, advanced certification program. Our bill focuses on sustaining and modernizing the stockpile stewardship program, the core of this Nation's effort to ensure that our nuclear weapons are safe, secure, and reliable.
Before any decisions are made about RRW, we must first answer fundamental questions about our strategic posture and nuclear weapons policies. That's why Congress established the bipartisan Congressional Commission on the Strategic Posture of the United States in last year's National Defense Authorization Act.
The Commission's report, due in several months, and the nuclear posture review required of the next administration will help frame the looming decisions about sustaining our nuclear deterrent and modernizing the nuclear weapons complex.
One day, something like RRW may be part of a stockpile stewardship program. But no funds were appropriated to conduct the RRW design and cost study last year, and this year's request did not include nearly enough to complete the study. In this context, the committee-approved bill shifts $10 million requested for RRW to advance certification and authorizes the National Nuclear Security Administration to address questions raised by the JASON panel last year about the challenge of certifying RRW without underground testing.
The Pearce amendment offset is also a big problem. The offset is a $10 million cut to the DOD Energy Conservation Investment Program, or ECIP. The Department of Defense uses ECIP to reduce energy consumption and greenhouse gas emissions, increase the use of renewable energy and meet national energy policy goals. And ECIP works. Its projects have a nearly 2-to-1 savings to investment ratio on average. A $10 million reduction would be a 12\1/2\ percent cut to ECIP.
Our bill, H.R. 5658, takes a prudent, sound approach to stewardship of our Nation's nuclear deterrent.
I urge my colleagues to oppose the Pearce amendment.
I reserve the balance of my time.
Mr. Chairman, at this time I am happy to yield 1 minute to my colleague and friend from New Jersey (Mr. Holt).
Mr. Chairman, I just want to make sure that my colleague from New Mexico knows that we spend--and that anybody listening--we spend over $6 billion maintaining the weapons. So it's hardly not spending any money at all.
At this time, I am happy to yield the balance of my time to the gentleman from Indiana, the chairman of the Energy and Water Subcommittee, Mr. Visclosky.
Mr. Chairman, I rise in support of the amendment, though I wish it could do a lot more. I appreciate your remarks, my friend from Oklahoma, and certainly my good friend from Texas, a member of the…
Mr. Chairman, I rise in support of the amendment, though I wish it could do a lot more. I appreciate your remarks, my friend from Oklahoma, and certainly my good friend from Texas, a member of the House Armed Services Committee, and I, in large part, echo the remarks of my good friend, the former chairman and now ranking member, Mr. Hunter.
Section 526, I'm not sure where it really came from. It was a provision that was snuck in a major energy bill this last year, and it somehow became law. And sadly, as we talk to our Canadian fronts, they're producing 1.5 million barrels of oil a day, 1.5 million barrels a day from oil shale, tar sands rather, in Alberta, and they want to send it to their good friends to the south, the United States of America. And this section 527 stops it at the border. It prevents it from coming in.
Now, I think we all know that we have a supply problem in this country which is why the price of gasoline continues to go up as it has every single day. And until we get the message out that we need more supply so that we can counter this price increase, they're going to continue to go up. It's crazy to think that our friends, the Canadians, who have all of this up there and want to send it to us down here in the Lower 48, cannot do that.
As I sat down with their ambassador a few weeks ago and their energy minister as well, they're producing at least 1.5 million barrels a day. They're anticipating within 4 or 5 years they're going to be producing as much as 4 million barrels a day. They can't consume that all perhaps, and guess what they're going to do. They're likely to build a pipeline, and they're going to send it west. It's going to end up in China or someplace else, rather than coming down and be refined in this country and used by our motorists across the country.
So, for me, I'd like to repeal the whole section, and I know the gentleman doesn't do that in this amendment. But it's a step in the right direction, and I would like to think that we can hold our nose and be able to support this amendment, make it part of going to conference and perhaps even make it better when it emerges from the House and the Senate.
I appreciate the gentleman's willingness to work with Members on both sides, and I certainly appreciate a number of my colleagues on that side of the aisle who are looking to work with me to try and repeal the whole section. But we realize that the Rules Committee was not going to say ``yes'' to us, and this is one step.
We'd like to take a giant step, which this bill does not do, but at least it is going in the right direction, increasing our supply to a degree so that maybe we can have some downward pressure on the price of gasoline at the pump for all Americans across the country.
Mr. Speaker, today we take up the final Defense Authorization bill of the Bush administration. Those who know me and know my record will understand why, although I support the progress we've made at…
Mr. Speaker, today we take up the final Defense Authorization bill of the Bush administration. Those who know me and know my record will understand why, although I support the progress we've made at rolling back some of the most egregious Bush defense priorities, I cannot vote for this Defense policy bill.
In this time of extreme economic uncertainty, we cannot afford to prop up a bloated Department of Defense. Defense Authorization bills outline priorities and benchmarks for spending, and I believe this bill proposes levels that are too high and for the wrong priorities.
For eight years we have seen the Defense budget balloon under President Bush and today we spend more on defense than the rest of the world combined. I have long pointed out that programs like the Future Combat System's fighting vehicles and the National Missile Defense system would be justifiable if the major threat to our security was a modern version of the Soviet Union. It is not. I applaud the Democratic cuts to the funding levels requested by the President, though we must do better.
As with other programs, the quantity of money spent says little about the quality of return. Indeed, investing in outdated systems makes us less secure and comes at the expense of smarter, modern defense tools. We must invest in systems that confront the real and looming threats of terrorists and rogue states. We must cultivate our personnel into a smart and agile force with a range of tools to engage the world. We must create a security strategy that recognizes the equal importance of diplomacy, development, and defense and understands the linkages between poverty, environmental health, and economic security.
In particular, I would like to see the Pentagon institute strong safeguards regarding the interrogation of prisoners and fully invest in the environmental restoration of past defense sites. I thank Chairman Skelton and Ranking Member Hunter for the progress we've made so far on these issues, and for supporting my unexploded ordnance amendment which made detection technology a priority for the Pentagon.
There are the beginnings of a major shift in this Defense Authorization bill. I believe that
after the upcoming election, when the nation has time to evaluate just how out-of-touch the Pentagon is, we will be able to have a more thoughtful assessment of what our Defense Department should look like and what activities it should be engaged in. I look forward to this thoughtful discussion.
I want to thank the chairman of our committee and our ranking member for working together to help Mr. Bartlett and I put together what we think is an excellent package on the Navy and Marine Corps…
I want to thank the chairman of our committee and our ranking member for working together to help Mr. Bartlett and I put together what we think is an excellent package on the Navy and Marine Corps programs.
Mr. Speaker, we took the $14 billion that the President of the United States had asked for in shipbuilding to build seven ships, and because of the good work of Captain Ebbs on our subcommittee and Ms. Simler, we were able to stretch that out to 10 ships by setting other priorities.
We didn't quite get the package that originally passed the House due to some concessions to the Senate, but we did give the Secretary of the Navy the leeway to return to building the DD-51 program, rather than the DD-1000, should he deem that be in the best interest of our Nation. I think it is.
Additionally, we have $1.6 billion in funding for the National Sealift Fund. For the Maritime Administration we have about $878 million, which includes money for the Merchant Marine Academy, Military Sealift program, Assistance to Small Shipyards, and $30 million for the vital title XI program.
We've also given the Maritime Administration, working with the Senate, the language to make adjustments at the Merchant Marine Academy, so that their very generous alumni can continue to contribute to that institution, and those funds help subsidize the cost of it.
I want to point out that with the great help of my ranking member, Mr. Bartlett, we have taken a second huge step as a Nation to lessen our Nation's military vulnerabilities to having our fuel cut off. Last year, with his help, we determined that the next generation of cruisers would be nuclear-powered. This year, again with his assistance, we're going to see to it that the next generation of marine amphibious assault ships will have nuclear
propulsion, which means that we don't have to call on Hugo Chavez or the Iranians to get our vessels from one place to another, and that is a huge step on the part of this Nation towards energy independence.
Again, I want to thank the chairman and our ranking member. We have about $14 billion in for shipbuilding. We have another $14 billion in for planes and helicopters for the Navy and Marine Corps, $10 billion for weapons, ammunition, vehicles and equipment upgrades for the Navy and Marine Corps. Again, none of this could have been done without the tremendous assistance of my ranking member from Maryland (Mr. Bartlett).
Mr. Chairman, I rise today in strong support of the amendment offered by the distinguished chairman of the Oversight and Government Reform Committee, Representative Waxman, that would make important…
Mr. Chairman, I rise today in strong support of the amendment offered by the distinguished chairman of the Oversight and Government Reform Committee, Representative Waxman, that would make important reforms to the contracting process.
Particularly, I want to note my support for provisions in the amendment based on my legislation which passed the House last month, H.R. 3033, the ``Contractors and Federal Spending Accountability Act.'' That bill and this amendment would fortify the current federal procurement system by establishing a centralized and comprehensive database on actions taken against federal contractors and assistance participants. It requires the contracting officer to document why a prospective awardee is deemed responsible if that awardee has two or more offenses which would be cause for debarment within a 3-year period. Additionally, it improves and clarifies the role of the Interagency Committee on Debarments and Suspension, and requires the Administrator of General Services to report to Congress within 180 days with recommendations for further action to create the database.
Currently, federal agency officials lack the information that they need to protect our business interests and taxpayers' dollars. This amendment will make it easier for these individuals to prevent those who repeatedly violate federal law from receiving millions of dollars from the federal government.
As a New York City Councilwoman, I successfully led an effort to implement a similar system. This system has aided the City of New York tremendously, and it has helped to prevent habitual bad actors and felons from being awarded city contracts.
The United States is the largest purchaser of goods and services in the world spending more than $419 billion on procurement awards in FY2006 and $440 billion on grants in FY2005. It is Congress's responsibility to ensure that the taxpayers' dollars are used wisely and not wasted by some contractors who are more interested in lining their pockets with profits than providing the American people with the goods and services they are paying for.
I also want to acknowledge Representative Mark Udall for his supportive efforts to improve the federal contracting system, and I urge my colleagues to support this amendment.
Mr. Chairman, I rise in strong support of this amendment by my colleague from the Foreign Affairs Committee. Mr. Chairman, this is a simple amendment. It provides that any security commitment,…
Mr. Chairman, I rise in strong support of this amendment by my colleague from the Foreign Affairs Committee.
Mr. Chairman, this is a simple amendment. It provides that any security commitment, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq must be approved by an act of Congress or by a treaty that receives advice and consent.
Mr. Chairman, the United States has many friends around the world, including in the Middle East, with whom we have non-legally binding arrangement about security. However, legally binding security commitments to use the Armed Forces of the United States have only been entered into with the approval of Congress. U.S. security commitments to NATO and Japan, for example, have been made pursuant to a treaty subject to advice and consent with the Senate.
I believe that past precedent should be our guide as to how to deal with any legally binding obligation of the United States that would commit both the current President and all of his successors to defending Iraq. If the President believes this is wise for the country, he should not do it alone; it should only be taken with congressional approval.
Mr. Chairman, this is not an esoteric or hypothetical situation. This past weekend I was in Baghdad with Speaker Pelosi's delegation. It's quite clear from our discussions there that the government of Iraq at the highest level expects that any strategic framework or other
agreement between the United States and Iraq will include a legally binding security commitment that would require the United States to respond to threats against Iraq.
This amendment ensures congressional approval and, implicitly, congressional oversight of any proposed legally binding commitment to Iraq's security. I would hope that all my colleagues, irrespective of their political affiliation and their views about the conflict in Iraq, would agree that Congress should not be sidelined when it comes to what could be a millennial commitment to defend a country in the heart of one of the hottest regions on the planet.
I strongly support the amendment.
I yield back the balance of my time.
Mr. Speaker, I thank the chairman. I rise in support of this bill before us today. I would like to thank Chairman Skelton and of course my good friend, Ranking Member Duncan Hunter. I value his…
Mr. Speaker, I thank the chairman.
I rise in support of this bill before us today. I would like to thank Chairman Skelton and of course my good friend, Ranking Member Duncan Hunter. I value his friendship. We have traveled many places around the world visiting our troops and looking at their needs. Thank you for your leadership, and I value your friendship, Duncan.
I yield.
I thank the gentleman.
I also want to thank the gentleman from Virginia (Mr. Forbes) for his help in bringing together this excellent bill. And I would like to thank my staff because they did a heck of a good job meeting with Senate staff and many other committees before bringing this bill to the House floor.
I am proud to say this bill focuses on restoring the readiness of our military. However, there is much work to be done. Significant investments will need to be made in the upcoming years by Congress and the next administration or we will risk breaking our forces.
This bill continues the work of the Armed Services Committee to restore readiness by authorizing $154 billion for operations, maintenance and training, and $25 billion for military construction. And $8.6 billion for the Army and $1.8 billion for the Marine Corps was authorized for the repair and replacement of equipment.
To address depot workloads following equipment reset, the bill requires the Department of Defense to contract for an independent assessment of the depot capability that will be needed in the future.
The bill takes positive steps to restrain the Department of Defense's increased reliance on the use of contractors to perform critical functions, including development of a single definition of ``inherently governmental,'' development of policies on personal conflicts of interest, and limits on personal service contracts.
We continue to take steps to look out for our deployed civilian employees by lifting limits on premium pay and allowing them to voluntarily sign up for additional life insurance.
But I am concerned that the bill does not address the Department of Defense's aggressive use of public-private competitions.
I ask my colleagues to support this bill. It is a very good bill.
I thank the gentleman for yielding. I'm very, very flattered by his gracious comments as probably unmerited as they may be. Mr. Speaker, this is a bittersweet moment. It is sweet, or certainly an…
I thank the gentleman for yielding. I'm very, very flattered by his gracious comments as probably unmerited as they may be.
Mr. Speaker, this is a bittersweet moment. It is sweet, or certainly an uplifting moment because we are here on the floor with a defense authorization bill. Had you asked anybody just a few weeks ago, I think they would have suggested no, it couldn't be possible. Yet through the incredible leadership of the gentleman from Missouri (Mr. Skelton) and former chairman and now able ranking member, the gentleman from California (Mr. Hunter), we are here, and we're not just here in presence, we're here with an absolutely incredible bill.
I want to thank the gentlelady from California, my counterpart, the Chair of the Personnel Subcommittee, for her leadership. As you look at this bill, it meets the absolute first criteria of any effective DOD authorization bill, taking care of the troops.
You heard the gentlelady recount the very positive things in this bill, and I couldn't agree with her more. I'm proud to be even remotely associated with that.
I would also say, this is a triumphant staff. We are served incredibly well, day in and day out, by our professional staff members.
Never have they distinguished themselves more than they have this year. To do what it usually takes 6, 7, 8, 9 weeks and more in a matter of days is just an achievement that rings so very solidly to their credit but also is important to the goodwill of the Members.
But I will tell you, this is a sad moment. This bill is very appropriately named after my colleague, my leader, Duncan Hunter, but he is taking with him the kind of dedication, devotion, and leadership that are not easily replaced, and he will be sorely, sorely missed, and certainly as a friend I will miss him dearly.
But just to kind of add insult to injury, he's taking with him two great Members, Terry Everett and Jim Saxton, folks who have led this committee and done so much good. But we carry forward in their great tradition. This is a great bill in their memory, and I urge my colleagues to support it.
Bill Text
4 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3033 Referred in Senate (RFS)]
2d Session
H. R. 3033
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 2008
Received; read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
AN ACT
To improve Federal agency awards and oversight of contracts and
assistance and to strengthen accountability of the Government-wide
suspension and debarment system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contractors and Federal Spending
Accountability Act of 2008''.
SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT
OFFICIALS.
(a) In General.--Subject to the authority, direction, and control
of the Director of the Office of Management and Budget, the
Administrator of General Services shall establish and maintain a
database of information regarding integrity and performance of persons
awarded Federal contracts and grants for use by Federal officials
having authority over contracts and grants.
(b) Persons Covered.--The database shall cover any person awarded a
Federal contract or grant if any information described in subsection
(c) exists with respect to such person.
(c) Information Included.--With respect to a person awarded a
Federal contract or grant, the database shall include information (in
the form of a brief description) for at least the most recent 5-year
period regarding--
(1) any civil or criminal proceeding, or any administrative
proceeding to the extent that such proceeding results in both a
finding of fault on the part of the person and the payment of
restitution to a government of $5,000 or more, concluded by the
Federal Government or any State government against the person,
and any amount paid by the person to the Federal Government or
a State government;
(2) all Federal contracts and grants awarded to the person
that were terminated in such period due to default;
(3) all Federal suspensions and debarments of the person in
that period;
(4) all Federal administrative agreements entered into by
the person and the Federal Government in that period to resolve
a suspension or debarment proceeding and, to the maximum extent
practicable, agreements involving a suspension or debarment
proceeding entered into by the person and a State government in
that period; and
(5) all final findings by a Federal official in that period
that the person has been determined not to be a responsible
source under either subparagraph (C) or (D) of section 4(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(7)).
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall
design and maintain the database in a manner that allows the
appropriate officials of each Federal agency to directly input
and update in the database information relating to actions it
has taken with regard to contractors or grant recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of information
into the database;
(B) notification of any covered person when
information relevant to the person is entered into the
database; and
(C) an opportunity for any covered person to append
comments to information about such person in the
database.
(e) Availability.--
(1) Availability to all federal agencies.--The
Administrator shall make the database available to all Federal
agencies.
(2) Availability to the public.--The Administrator shall
make the database available to the public by posting the
database on the General Services Administration website.
(3) Limitation.--This subsection does not require the
public availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code.
SEC. 3. REVIEW OF DATABASE.
(a) Requirement to Review Database.--Prior to the award of a
contract or grant, an official responsible for awarding a contract or
grant shall review the database established under section 2.
(b) Requirement to Document Present Responsibility.--In the case of
a prospective awardee of a contract or grant against which a judgment
or conviction has been rendered more than once within any 3-year period
for the same or similar offences, if each judgment or conviction is a
cause for debarment, the official responsible for awarding the contract
or grant shall document why the prospective awardee is considered
presently responsible.
SEC. 4. DISCLOSURE IN APPLICATIONS.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, Federal regulations shall be amended to require
that in applying for any Federal grant or submitting a proposal or bid
for any Federal contract a person shall disclose in writing information
described in section 2(c).
(b) Covered Contracts and Grants.--This section shall apply only to
contracts and grants in an amount greater than the simplified
acquisition threshold, as defined in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 401(11)).
SEC. 5. ROLE OF INTERAGENCY COMMITTEE.
(a) Requirement.--The Interagency Committee on Debarment and
Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) recommend to the Office of Management and Budget
changes to Government suspension and debarment system and its
rules, if such recommendations are approved by a majority of
the Interagency Committee;
(5) authorize the Office of Management and Budget to issue
guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
(b) Definition.--The term ``Interagency Committee on Debarment and
Suspension'' means such committee constituted under sections 4 and 5
and of Executive Order 12549.
SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES.
Any agency, commission, or organization of the Federal Government
to which Executive Order 12549 does not apply is authorized to
participate in the Governmentwide suspension and debarment system and
may recognize the suspension or debarment issued by an executive branch
agency in its own procurement or assistance activities.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator of
General Services such funds as may be necessary to establish the
database described in section 2.
SEC. 8. REPORT TO CONGRESS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress a report.
(b) Contents of Report.--The report shall contain the following:
(1) A list of all databases that include information about
Federal contracting and Federal grants.
(2) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive Federal
contracting and Federal grant database.
Passed the House of Representatives April 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.