Amendment Text: H.Amdt.1061 — 110th Congress (2007-2008)

There is one version of the amendment.

Shown Here:
Amendment as Offered (05/22/2008)

This Amendment appears on page H4794 in the following article from the Congressional Record.



[Pages H4779-H4821]
[[Page H4779]]

House of Representatives

 DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

  The Committee resumed its sitting.


             Amendment No. 53 Offered by Mr. Braley of Iowa

  The Acting CHAIRMAN. It is now in order to consider amendment No. 53 
printed in House Report 110-666.
  Mr. BRALEY of Iowa. I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 53 offered by Mr. Braley of Iowa:
       At the end of subtitle B of title XII, insert the following 
     new section:

     SEC. 12__. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Findings.--Congress finds the following:
       (1) The United States has been engaged in military 
     operations in Afghanistan since October 2001 and in military 
     operations in Iraq since March 2003.
       (2) According to the Congressional Research Service, to 
     date, Congress has appropriated $700,000,000,000 from fiscal 
     year 2001 through fiscal year 2008 for the Department of 
     Defense, the State Department, and for medical costs paid by 
     the Department of Veterans Affairs. This amount includes 
     $526,000,000,000 for Iraq and $140,000,000,000 for 
     Afghanistan and other counterterror operations. Among other 
     expenditures, this amount includes funding for combat 
     operations; deploying, transporting, feeding, and housing 
     troops; deployment of National Guard and Reserve troops; the 
     equipping and training of Iraqi and Afghani forces; 
     purchasing, upgrading, and repairing weapons, munitions and 
     other equipment; supplemental combat pay and benefits; 
     providing medical care to troops on active duty and returning 
     veterans; reconstruction and foreign aid; and payments to 
     other countries for logistical assistance.
       (3) Over 90 percent of Department of Defense funds for 
     operations in Iraq and Afghanistan have been provided as 
     emergency funds in supplemental or additional appropriations.
       (4) The Congressional Budget Office and the Congressional 
     Research Service have stated that future war costs are 
     difficult to estimate because the Department of Defense has 
     provided little detailed information on costs incurred to 
     date, does not report outlays or actual expenditures for war 
     because war and baseline funds are mixed in the same 
     accounts, and does not provide information on many key 
     factors which determine costs, including personnel levels or 
     the pace of operations.
       (5) To date, the administration has not provided any long-
     term estimates of war costs, despite a statutory reporting 
     requirement that the President submit a cost estimate for 
     fiscal year 2006 through fiscal year 2011 that was enacted in 
     2004.
       (6) Operating costs in Iraq and Afghanistan have been 
     increasing steadily since 2003, and war costs in Iraq have 
     sharply increased from $50,000,000,000 in 2003 to 
     approximately $134,000,000,000 for fiscal year 2007, to the 
     $154,000,000,000 request for fiscal year 2008.
       (7) The Iraq Study Group Report states that, ``the United 
     States has made a massive commitment to the future of Iraq in 
     both blood and treasure,'' warns that ``the United States 
     must expect significant `tail costs' to come'', and predicts 
     that ``Caring for veterans and replacing lost equipment will 
     run into the hundreds of billions of dollars. Estimates run 
     as high as $2 trillion for the final cost of the U.S. 
     involvement in Iraq''.
       (8) The Iraq Study Group Report also finds that ``This 
     level of expense is not sustainable over an extended period . 
     . .''.
       (9) The use of government contractors and private military 
     firms has reached unprecedented levels, with over 100,000 
     contractors operating in Iraq.
       (10) Over 1,600,000 American troops have served in 
     Afghanistan and Iraq since the beginning of the conflicts.
       (11) Over 4,050 United States troops and Department of 
     Defense civilian personnel have been killed in Operation 
     Iraqi Freedom, and over 490 United States troops and 
     Department of Defense civilian personnel have been killed in 
     Operation Enduring Freedom.
       (12) National Guard and Reserve troops are being deployed 
     in support of these conflicts at unprecedented levels.
       (13) Many troops are serving multiple deployments, and one-
     third of those serving in the Iraq war have been deployed two 
     or more times.
       (14) Over 1,100 service members have suffered amputations 
     as a result of their service in Afghanistan and Iraq.
       (15) More than 100,000 Iraq and Afghanistan veterans have 
     been treated for mental health conditions.
       (16) 52,000 Iraq and Afghanistan veterans have been 
     diagnosed with Post-Traumatic Stress Disorder.
       (17) Nearly 37 percent of soldiers returning from Iraq and 
     Afghanistan have sought treatment at Department of Veterans 
     Affairs hospitals and clinics.
       (18) Many troops have suffered multiple injuries, with 
     veterans claiming an average of five separate conditions.
       (19) The Independent Review Group on Rehabilitative Care 
     and Administrative Processes at Walter Reed Army Medical 
     Center and National Naval Medical Center identified Traumatic 
     Brain Injury, Post-Traumatic Stress Disorder, increased 
     survival of severe burns, and traumatic amputations as the 
     four signature wounds of the current conflicts, and found 
     that the ``numbers of servicemembers surviving with . . . 
     complex injuries have challenged our modern military medical 
     system and exposed weakness and breakdowns in access to care, 
     as well as continuity of care management and follow-on 
     administrative processes''.
       (20) The Independent Review Group report also states that 
     the recovery process ``can take months or years and must 
     accommodate recurring or delayed manifestations of symptoms, 
     extended rehabilitation and all the life complications that 
     emerge over time from such trauma''.
       (b) Report Requirement; Scenarios.--Not later than 90 days 
     after the date of the enactment of this Act, the President, 
     with contributions from the Secretary of Defense, the 
     Secretary of State, and the Secretary of the Department of 
     Veterans Affairs, shall submit a report to Congress 
     containing an estimate of the long-term costs of Operation 
     Iraqi Freedom and Operation Enduring Freedom. The report 
     shall contain estimates for the following scenarios:
       (1) The number of personnel deployed in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom is 
     reduced from current levels to 30,000 by the beginning of 
     fiscal year 2010 and remains at that level through fiscal 
     year 2017.
       (2) The number of personnel deployed in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom is 
     reduced from

[[Page H4780]]

     current levels to 75,000 by the beginning of fiscal year 2013 
     and remains at that level through 2017.
       (3) An alternative scenario, defined by the President and 
     based on current war plans, which takes into account expected 
     troop levels and the expected length of time that troops will 
     be deployed in support of Operation Iraqi Freedom and 
     Operation Enduring Freedom.
       (c) Special Considerations.--The estimates required for 
     each scenario shall make projections through at least fiscal 
     year 2068, shall be adjusted appropriately for inflation, and 
     shall take into account and specify the following:
       (1) The total number of troops expected to be activated and 
     deployed to Iraq and Afghanistan during the course of 
     Operation Iraqi Freedom and Operation Enduring Freedom. This 
     number shall include all troops deployed in the region in 
     support of Operation Iraqi Freedom and Operation Enduring 
     Freedom and activated reservists in the United States who are 
     training, backfilling for deployed troops, or supporting 
     other Department of Defense missions directly or indirectly 
     related to Operation Iraqi Freedom and Operation Enduring 
     Freedom. This number shall also break down activations and 
     deployments of Active Duty, Reservists, and National Guard 
     troops.
       (2) The number of troops, including National Guard and 
     Reserve troops, who have served and who are expected to serve 
     multiple deployments.
       (3) The number of contractors and private military security 
     firms that have been utilized and are expected to be utilized 
     during the course of the conflicts in Iraq and Afghanistan.
       (4) The number of veterans currently suffering and expected 
     to suffer from Post-Traumatic Stress Disorder, Traumatic 
     Brain Injury, or other mental injuries.
       (5) The number of veterans currently in need of and 
     expected to be in need of prosthetic care and treatment 
     because of amputations incurred during Operation Iraqi 
     Freedom and Operation Enduring Freedom.
       (6) The current number of pending Department of Veterans 
     Affairs claims from Iraq and Afghanistan veterans, and the 
     total number of Iraq and Afghanistan veterans expected to 
     seek disability compensation benefits from the Department of 
     Veterans Affairs.
       (7) The total number of troops who have been killed and 
     wounded in Iraq and Afghanistan to date, including noncombat 
     casualties, the total number of troops expected to suffer 
     injuries in Iraq and Afghanistan, and the total number of 
     troops expected to be killed in Iraq and Afghanistan, 
     including noncombat casualties.
       (8) Funding already appropriated for the Department of 
     Defense, the Department of State, and the Department of 
     Veterans Affairs for costs related to the wars in Iraq and 
     Afghanistan. This shall include an account of the amount of 
     funding from regular Department of Defense, Department of 
     State, and Department of Veterans Affairs budgets that has 
     gone and will go to Iraq and Afghanistan.
       (9) Current and future operational expenditures, including 
     funding for combat operations; deploying, transporting, 
     feeding, and housing troops (including fuel costs); 
     deployment of National Guard and Reserve troops; the 
     equipping and training of Iraqi and Afghani forces; 
     purchasing, upgrading, and repairing weapons, munitions and 
     other equipment; and payments to other countries for 
     logistical assistance.
       (10) Past, current, and future cost of government 
     contractors and private military security firms.
       (11) Average annual cost for each troop deployed in support 
     of Operation Iraqi Freedom and Operation Enduring Freedom, 
     including room and board, equipment and body armor, 
     transportation of troops and equipment (including fuel 
     costs), and operational costs.
       (12) Current and future cost of combat-related special pays 
     and benefits, including reenlistment bonuses.
       (13) Current and future cost of activating National Guard 
     and Reserve forces and paying them on a full-time basis.
       (14) Current and future cost for reconstruction, embassy 
     operations and construction, and foreign aid programs for 
     Iraq and Afghanistan.
       (15) Current and future cost of bases and other 
     infrastructure to support United States troops in Iraq and 
     Afghanistan.
       (16) Current and future cost of providing healthcare for 
     returning veterans. This estimate shall include the cost of 
     mental health treatment for veterans suffering from Post-
     Traumatic Stress Disorder and Traumatic Brain Injury, and 
     other mental problems as a result of their service in 
     Operation Iraqi Freedom and Operation Enduring Freedom. This 
     estimate shall also include the cost of lifetime prosthetics 
     care and treatment for veterans suffering from amputations as 
     a result of their service in Operation Iraqi Freedom and 
     Operation Enduring Freedom.
       (17) Current and future cost of providing Department of 
     Veterans Affairs disability benefits for lifetime of 
     veterans.
       (18) Current and future cost of providing survivors' 
     benefits to survivors of service members.
       (19) Cost of bringing troops and equipment home at the end 
     of the wars, including cost of demobilizing troops, 
     transporting troops home (including fuel costs), providing 
     transition services from active duty to veteran status, 
     transporting equipment, weapons, and munitions (including 
     fuel costs), and an estimate of the value of equipment which 
     will be left behind.
       (20) Cost to restore the military and military equipment, 
     including the National Guard and National Guard equipment, to 
     full strength after the wars.
       (21) Cost of the administration's plan to permanently 
     increase the Army and Marine Corps by 92,000 over the next 
     six years.
       (22) Amount of money borrowed to pay for the wars in Iraq 
     and Afghanistan, and the sources of that money.
       (23) Interest on borrowed money, including interest for 
     money already borrowed and anticipated interest payments on 
     future borrowing for the war in Iraq and the war in 
     Afghanistan.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Iowa (Mr. Braley) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Iowa.
  Mr. BRALEY of Iowa. Mr. Chairman, this amendment is a simple, 
commonsense amendment that requires the President to submit a report to 
Congress on the long-term costs of the wars in Iraq and Afghanistan.
  On June 28 of this year, Chairman Murtha sent a Dear Colleague letter 
out talking about this very problem and the need to make sure that we 
are being given accurate information. We have now been engaged in the 
war in Afghanistan for almost 7 years and the war in Iraq for over 5 
years, and the Bush administration has yet to submit a long-term 
estimate for the costs of the war. The administration has not submitted 
a cost estimate, despite a statutory reporting requirement for fiscal 
years 2006 through 2011 that was required in the fiscal year 2005 
defense appropriation budget.
  As someone who took great interest in the Iraq Study Group report and 
the massive commitment to the future of Iraq in both blood and 
treasure, I looked forward to the publication of the Independent Review 
Group report that was issued in the wake of the Walter Reed Building 18 
fiasco.
  One of the things that was recognized in that report was the fact 
that the Nation must recognize that there is a moral, human and 
budgetary cost of the war. When we engage in armed conflict, we must 
recognize those costs and be prepared to execute on those obligations.
  The Independent Review Group's report, chaired by General Togo West, 
also identified the four signature wounds of this war: Traumatic brain 
injury, posttraumatic stress disorder, increased survival of severe 
burns, and traumatic amputations.
  Mr. Chairman, despite the fact that the Bush administration has not 
provided the required cost reporting, Nobel Prize winning economist 
Joseph Stiglitz has published a study talking about these exact costs, 
not just the long-term medical costs, but the cost of rebuilding our 
military in the book ``The $3 Trillion War.''
  One of the things we know is that young men who are severely injured, 
many of them age 19 or 20, are going to have permanent injuries from 
these signature wounds, many of them over a life expectancy that may 
stretch out 55 or 60 years. We also know that there are life-care plans 
used by medical economists and prosthetic needs analysis that are used 
to determine what those long-term costs are. The American people, the 
American taxpayers, deserve to know what these costs will be.
  We have already spent $700 billion in Iraq and Afghanistan, and the 
people of this country deserve to know from the Department of Defense 
what these long-term costs are going to be over the lifetime of these 
wounded warriors.

                              {time}  1700

  For that reason I have asked that this amendment be included as part 
of the defense authorization bill to address the long-term and hidden 
costs of the war. And those are reflected in the testimony of 
Lieutenant General Chip Rodman at the Independent Review Group hearing 
that we held in oversight who said, we recognize the cost is immense, 
and it is our moral obligation to address those issues.
  I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from California is recognized for 
5 minutes.
  Mr. HUNTER. Mr. Chairman, we are in the middle of a war in which the 
battlefield situation changes on a daily

[[Page H4781]]

basis. The idea that the gentleman has given us a requirement for the 
administration to project until 2068, for 50, 60 years as to what is 
going to happen on the battlefield and what the casualties are going to 
be; and I believe he has laid out 23 considerations.
  When you get out that far, Mr. Chairman, this becomes basically an 
editorial against the war, and I think there are other ways you can put 
that if you want to frame that particular position. But the idea that 
we are asking as we sit here and try to figure out what gas prices are 
going to be in 2 weeks, the idea that we are going to figure out how 
Iraq is going to be situated half a century from now, I think that is 
simply something that trivializes our debate on this very critical 
issue.
  And let me tell you, 23 factors if we actually put this thing in law, 
the idea that we are supposed to have our people in uniform devoted to 
figuring out how to succeed in their mission, how to take care of our 
people, to have them out there trying to be seers of the future for 
half a century with respect to a war that is changing on a weekly basis 
is an enormous burden on people who wear the uniform.
  So, Mr. Chairman, I think we should all vote a resounding ``no'' on 
this, and let's do analyses that are relevant, that can be utilized. 
But the idea of sending our people down the pike for a 50-year look at 
the future I think is not going to be good for this committee and I 
think it is not going to be productive for the security of the United 
States.
  I reserve the balance of my time
  Mr. BRALEY of Iowa. Mr. Chairman, at this time I yield 1 minute to 
the gentleman from Vermont (Mr. Welch).
  Mr. WELCH of Vermont. I thank the gentleman.
  This war is the first time in American history when we have had tax 
cuts during a war. And if ever there is a moment in time when our 
country should be called upon to share a sacrifice, it is when we are 
sending our sons and daughters to war.
  This amendment calls the question, it says the obvious: We can't keep 
paying for this on a credit card. There are costs that are going to be 
paid not only by this generation, but by future generations. The 
President has put this war on the credit card, and the irony of that is 
that it is the sons and the daughters of the men and women who are 
fighting this war who are going to pay for this. It is time to be 
candid and honest with the American people.
  Mr. HUNTER. I yield back the balance of my time.
  Mr. BRALEY of Iowa. Mr. Chairman, I have great respect for my friend 
and colleague from California, and I would just like to point out that 
this is already a subject that has been considered by the Department of 
Defense.
  When we had the hearings in association with Walter Reed and the 
independent review group, top medical Army officers admitted that they 
have the capacity using the numbers that are available to make the 
types of projections that are being considered by this bill.
  The two scenarios that we are talking about are based upon 
illustrative scenarios that the CBO has already used and estimated the 
long-term costs of this war.
  The third estimate allows the administration to base their cost 
estimates on their own parameters, including the operational costs, the 
reconstruction costs, the costs to government contractors, private 
military security firms, and providing lifetime health care and 
disability benefits for veterans. We know this is done on a daily basis 
in the private sector, because these types of projections are made for 
people suffering these very same signature wounds who are injured in 
automobile collisions and then taken care of by Federal dollars.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Iowa (Mr. Braley).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Iowa will be 
postponed.


               Amendments En Bloc Offered by Mr. Skelton

  Mr. SKELTON. Mr. Chairman, pursuant to H. Res. 1218, I offer 
amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
  Amendments en bloc consisting of amendments numbered 5, 10, 11, 14, 
19, 20, 24, 28, 30, 40, 42, 45, 46, and 43 printed in House Report 110-
666 offered by Mr. Skelton:


           Amendment No. 5 Offered by Mr. Smith of Washington

  The text of the amendment is as follows:

       At the end of title X, add the following new section:

     SEC. 1071. COMPREHENSIVE INTERAGENCY STRATEGY FOR STRATEGIC 
                   COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES 
                   OF THE FEDERAL GOVERNMENT.

       (a) Comprehensive Strategy.--
       (1) Strategy.--The President shall develop a comprehensive 
     interagency strategy for public diplomacy and strategic 
     communication that updates and builds upon the strategy 
     outlined by the Strategic Communication and Public Diplomacy 
     Policy Coordinating Committee in the publication titled 
     ``U.S. National Strategy for Public Diplomacy and Strategic 
     Communication'' (June, 2007).
       (2) Contents.--The strategy required by this subsection 
     shall contain overall objectives, goals, actions to be 
     performed, and benchmarks and timetables for the achievement 
     of such goals and objectives.
       (3) Components.--The strategy shall include the following 
     components:
       (A) Prioritizing the mission of supporting specific foreign 
     policy objectives, such as counterterrorism and efforts to 
     combat extremist ideology, in parallel and in complement 
     with, as appropriate, the broad mission of communicating the 
     policies and values of the United States to foreign 
     audiences.
       (B) Consolidating and elevating Federal Government 
     leadership to prioritize, manage, and implement the strategy 
     required by this subsection, including the consideration of 
     establishing strategic communication and public diplomacy 
     positions at the National Security Council and establishing a 
     single office to coordinate strategic communication and 
     public diplomacy efforts.
       (C) Improving coordination across departments and agencies 
     of the Federal Government on--
       (i) strategic planning;
       (ii) research activities, such as research into the 
     attitudes and behaviors of foreign audiences; and
       (iii) the development of editorial content, including 
     content for Internet websites and print publications.
       (D) Developing a more rigorous, research-based, targeted 
     approach to strategic communication and public diplomacy 
     efforts, with efforts differentiated for specific target 
     audiences in various countries and regions.
       (E) Developing more rigorous monitoring and evaluation 
     mechanisms.
       (F) Making greater use of innovative tools in strategic 
     communication and public diplomacy research and operations, 
     including new media platforms and social research 
     technologies.
       (G) Making greater use of participation from private sector 
     entities, academic institutions, not-for-profit 
     organizations, and other non-governmental organizations in 
     supporting strategic communication and public diplomacy 
     efforts, including the consideration of establishing an 
     independent, not-for-profit organization described in 
     subsection (b).
       (H) Increasing resources devoted to strategic communication 
     and public diplomacy efforts.
       (4) Reports.--
       (A) Initial report.--Not later than December 31, 2009, the 
     President shall submit to the appropriate committees of 
     Congress a report that describes the strategy required by 
     this subsection.
       (B) Subsequent reports.--Not less than once every two years 
     after the submission of the initial report under subparagraph 
     (A), the President shall submit to the appropriate committees 
     of Congress a report on--
       (i) the status of the implementation of the strategy;
       (ii) progress toward achievement of benchmarks; and
       (iii) any changes to the strategy since the submission of 
     the previous report.
       (b) Study of Independent Organization.--
       (1) Study.--The Secretary of State and the Secretary of 
     Defense shall jointly conduct a study assessing the 
     recommendation from the Defense Science Board's Task Force on 
     Strategic Communication to establish an independent, not-for-
     profit organization responsible for providing independent 
     assessment and strategic guidance to the Federal Government 
     on strategic communication and public diplomacy.
       (2) Scope.--The study shall include--
       (A) an assessment of the benefits gained by establishing 
     such an organization; and
       (B) an outline of the potential framework of such an 
     organization, including its organization, mission, 
     capabilities, and operations.
       (c) Report on Roles of Departments or Agencies of the 
     Federal Government.--
       (1) Report.--Not later than June 30, 2009, the President 
     shall submit to the appropriate committees of Congress a 
     report--

[[Page H4782]]

       (A) describing the roles of the Department of State and the 
     Department of Defense regarding strategic communication and 
     public diplomacy; and
       (B) assessing proposals to establish an independent center 
     to support government-wide strategic communication and public 
     diplomacy efforts, including the study described in 
     subsection (b).
       (2) Report elements.--The report shall contain the 
     following:
       (A) A description of activities performed by the Department 
     of Defense as part of strategic communication, including--
       (i) efforts to disseminate directly to foreign audiences 
     messages intended to shape the security environment of a 
     combatant command;
       (ii) psychological operations, including those in direct 
     support of contingency operations other than Operation 
     Enduring Freedom or Operation Iraqi Freedom, that are 
     intended to counter extremist and hostile propaganda or 
     promote stability and security; and
       (iii) public affairs programs to shape the opinions of 
     foreign audiences.
       (B) A current description of activities conducted by the 
     Under Secretary for Public Diplomacy and Public Affairs at 
     the Department of State, including--
       (i) outreach to mass audiences and strategic audiences, 
     such as opinion makers, youth, and other targeted groups, 
     using media, lectures, information centers, and cultural 
     events;
       (ii) use of interactive media technologies, such as 
     Internet blogs and social networking websites, to build 
     relationships and to counter extremist groups using similar 
     media;
       (iii) education and exchange programs;
       (iv) book translation; and
       (v) work with non-governmental organizations and private-
     sector partners.
       (C) A definition of the roles of the offices within the 
     Department of State and the Department of Defense that are 
     engaged in message outreach to audiences abroad.
       (D) A detailed explanation of how the Department of State 
     and the Department of Defense perform unique strategic 
     communication activities and public diplomacy activities.
       (E) An explanation of how the Department of State and the 
     Department of Defense coordinate strategic communication and 
     public diplomacy activities in--
       (i) using polls, focus groups, and other measures to learn 
     the attitudes and behavior of foreign audiences;
       (ii) publishing editorial content on Internet websites and 
     in print media;
       (iii) organizing field support for military information 
     support teams, civil affairs, and other shared activities;
       (iv) using foreign-directed education and training 
     resources; and
       (v) training personnel in both departments by exchanging 
     faculty and students of the Foreign Service Institute, the 
     Army War College, the Naval War College, and other similar 
     institutions.
       (d) Form and Availability of Reports.--
       (1) Form.--The reports required by this section may be 
     submitted in a classified form.
       (2) Availability.--Any unclassified portions of the reports 
     required by this section shall be made available to the 
     public.
       (e) Appropriate Committees.--For the purposes of this 
     section, the appropriate committees of Congress are the 
     following:
       (1) The Committees on Foreign Relations, Armed Services, 
     and Appropriations of the Senate.
       (2) The Committees on Foreign Affairs, Armed Services, and 
     Appropriations of the House of Representatives.

                 Amendment No. 10 Offered by Mr. Sestak

  The text of the amendment is as follows:

       Page 282, insert after line 2 the following:
       (a) Minimum Cost Share Per Month.--The Secretary of Defense 
     shall ensure that autistic children of members of the Armed 
     Forces enrolled in the Extended Care Health Option program 
     shall be eligible to receive a minimum of $5,000 per month of 
     autistic therapy services.
       Page 282, line 3, strike ``(a)'' and insert ``(b)''.
       Page 282, line 8, strike ``(b)'' and insert ``(c)''.
       Page 282, line 23, strike ``(c)'' and insert ``(d)''.
       Page 282, insert after line 3 the following:
       (3) Extended care health option.--The term ``Extended Care 
     Health Option'' means the program of extended benefits 
     provided pursuant to subsections (d), (e), and (f) of section 
     1079 of title 10, United States Code.
       (e) Funding.--Of the amount authorized to be appropriated 
     by section 1511(a), $29,000,000 is authorized to be used to 
     carry out this section.

                 Amendment No. 11 Offered by Mr. Sestak

  The text of the amendment is as follows:

       At the end of title II, insert the following new section:

     SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP 
                   PROGRAM.

       (a) Requirement to Establish.--The Secretary of Defense may 
     establish a program to be known as the Visiting NIH Senior 
     Neuroscience Fellowship Program (in this section referred to 
     as the ``Program'') at the Defense Advanced Research Projects 
     Agency (DARPA) and the Defense Center of Excellence for 
     Psychological Health and Traumatic Brain Injury (DCoE).
       (b) Activities of the Program.--The Program may--
       (1) provide a partnership between the National Institutes 
     of Health (NIH) and DARPA that will enable identification and 
     funding of the broadest range of innovative, highest quality 
     clinical and experimental neuroscience studies for the 
     benefit of men and women in the Armed Forces;
       (2) provide a partnership between the NIH and the DCoE that 
     will enable identification and funding of clinical and 
     experimental neuroscience studies for the benefit of men and 
     women in the Armed Forces;
       (3) provide a technology transfer mechanism whereby the 
     results of such studies can, where appropriate, be used to 
     enhance the health mission of the NIH for the benefit of the 
     public; and
       (4) provide a military/civilian collaborative environment 
     for neuroscience-based medical problem-solving in critical 
     areas impacting both military and civilian life, particularly 
     post-traumatic stress disorder.

                 Amendment No. 14 Offered by Mr. Castle

  The text of the amendment is as follows:

       Add at the end of subtitle E of title V, the following new 
     section:

     SEC. 5__. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE 
                   ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF 
                   THE ARMED FORCES.

       (a) Authority.--The Secretary of a military department may 
     enter into one or more education partnership agreements with 
     educational institutions in the United States for the purpose 
     of--
       (1) developing plans to improve the accessibility and 
     flexibility of college courses available to eligible members 
     of the Armed Forces;
       (2) improving the application process for the Armed Forces 
     tuition assistance programs and raising awareness regarding 
     educational opportunities available to such members;
       (3) developing curriculum, distance education programs, and 
     career counseling designed to meet the professional, 
     financial, academic, and social needs of such members; and
       (4) assessing how resources may be applied more effectively 
     to meet the educational needs of such members.
       (b) Cost.--Except as provided in this section, execution of 
     an education partnership agreement with an educational 
     institution shall be at no cost to the Government.
       (c) Educational Institution Defined.--In this section, the 
     term ``educational institution'' means an accredited college, 
     university, or technical school in the United States.

                 Amendment No. 19 Offered by Mr. Porter

  The text of the amendment is as follows:

       Page 283, after line 3, add the following new section:

     SEC. 734. SUICIDE RISK BY MILITARY OCCUPATION.

       (a) Study.--The Secretary of Defense shall conduct a study 
     to identify the mental health risks associated with the 
     performance of military duties.
       (b) Elements.--The study shall include the following 
     elements:
       (1) An assessment of suicide incidence by military 
     occupation.
       (2) An identification of military occupations with a high 
     incidence of suicide.
       (3) An evaluation of current suicide prevention programs 
     for those military occupations with a high incidence of 
     suicide.
       (4) An assessment of the need for additional suicide 
     prevention programs specific to military occupations with a 
     high incidence of suicide.
       (c) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Congressional Defense Committees a report on the 
     findings of the study. The report shall include any 
     recommendations for improving suicide prevention programs for 
     military occupations with a high incidence of suicide.

                Amendment No. 20 Offered by Mrs. Capito

  The text of the amendment is as follows:

       At the end of title V, add the following new section:

     SEC. 5__. ADDITIONAL FUNDS TO CARRY OUT FUNERAL HONOR 
                   FUNCTIONS AT FUNERALS FOR VETERANS.

       (a) Additional Funds.--The amount made available in section 
     421 is hereby increased by $3,000,000, of which $1,000,000 
     shall be available to the Secretary of the Army, $1,000,000 
     shall be available to the Secretary of the Navy, and 
     $1,000,000 shall be available to the Secretary of the Air 
     Force to comply with the requirements of section 1491 of 
     title 10, United States Code.
       (b) Corresponding Offset.--The amount provided in section 
     201(1) for research, development, test, and evaluation, Army, 
     is hereby reduced by $3,000,000, to be derived from the basic 
     research under the University Research Initiatives.

            Amendment No. 24 Offered by Mr. Price of Georgia

  The text of the amendment is as follows:


[[Page H4783]]


       Page 406, after line 18, insert the following new section:

     SEC. 1005. MANAGEMENT OF PURCHASE CARDS.

       (a) Required Safeguards and Internal Controls.--Section 
     2784 of title 10, United States Code, is amended in 
     subsection (b)--
       (1) by redesignating paragraphs (3) through (10) as 
     paragraphs (4) through (11), respectively;
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) That expenditures charged to the purchase card are 
     independently received, accepted, or verified by an official 
     with authority to authorize expenditures.'';
       (3) by redesignating paragraphs (9) through paragraph (11) 
     (as previously redesignated by paragraph (1)) as paragraphs 
     (10) through (12), respectively; and
       (4) by inserting after paragraph (8) (as previously 
     redesignated by paragraph (1)) the following new paragraph:
       ``(9) That appropriate inventory and property systems are 
     updated promptly in response to expenditures charged to a 
     purchase card related to pilferable property.''.
       (b) Penalties for Violations.--Section 2784(c)(1) of title 
     10, United States Code, is amended by striking ``provide 
     for'' and inserting ``provide for the reimbursement of 
     charges for unauthorized or erroneous purchases and for''.

                 Amendment No. 28 Offered by Mr. Inslee

  The text of the amendment is as follows:

       Add at the end of subtitle D of title III the following:

     SEC. 335. STUDY OF CONSIDERATION OF GREENHOUSE GAS EMISSIONS 
                   IN ACQUISITION PROCESSES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     to develop procedures and methods to measure and consider 
     greenhouse gas emissions in the acquisition process, and 
     shall include in the study an examination of the following:
       (1) The processes and methods which would need to be 
     developed and adopted to allow the Department of Defense to 
     consider greenhouse gas emissions in the planning, 
     requirements development, and acquisition processes.
       (2) The internal and external data necessary to allow the 
     Department of Defense to consider greenhouse gas emissions in 
     the planning, requirements development, and acquisition 
     processes.
       (3) A timetable for the implementation of such procedures 
     and methods in the acquisition process, as well as an 
     estimate of the costs associated with such implementation.
       (4) Such other factors as the Secretary considers 
     appropriate with respect to the development and 
     implementation of such procedures and methods.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Congressional defense committees a report on the results of 
     the study conducted under subsection (a).

      Amendment No. 30 Offered by Ms. Ginny Brown-Waite of Florida

  The text of the amendment is as follows:

       Add at the end of subtitle G of title V, the following new 
     section:

     SEC. 5__. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

       (a) Authority To Award.--The Secretary of the Army may 
     award the Army Combat Action Badge (established by order of 
     the Secretary of the Army through Headquarters, Department of 
     the Army Letter 600-05-1, dated June 3, 2005) to a person 
     who, while a member of the Army, participated in combat 
     during which the person personally engaged, or was personally 
     engaged by, the enemy at any time during the period beginning 
     on December 7, 1941, and ending on September 18, 2001 (the 
     date of the otherwise applicable limitation on retroactivity 
     for the award of such decoration), if the Secretary 
     determines that the person has not been previously recognized 
     in an appropriate manner for such participation.
       (b) Procurement of Badge.--The Secretary of the Army may 
     make arrangements with suppliers of the Army Combat Action 
     Badge so that eligible recipients of the Army Combat Action 
     Badge pursuant to subsection (a) may procure the badge 
     directly from suppliers, thereby eliminating or at least 
     substantially reducing administrative costs for the Army to 
     carry out this section.

                Amendment No. 40 Offered by Ms. DeLauro

  The text of the amendment is as follows:

       At the end of subtitle C of title VII, add the following 
     new section:

     SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING 
                   DEMONSTRATION PROJECT.

       (a) Demonstration Project Required.--The Secretary of 
     Defense shall conduct a demonstration project to assess the 
     feasibility and efficacy of providing a face to face post-
     deployment mental health screening between a member of the 
     Armed Forces and a mental health provider.
       (b) Elements.--The demonstration project shall include, at 
     a minimum, the following elements:
       (1) A combat stress evaluation conducted in person by a 
     qualified mental health professional within 120 to 180 days 
     after the date on which the member returns from combat 
     theater.
       (2) Phone follow-ups by a case manager, not necessarily 
     stationed at the military installation, at the following 
     intervals after the initial post-deployment screening:
       (A) Six months.
       (B) 12 months.
       (C) 18 months.
       (D) 24 months.
       (c) Consultation.--The Secretary of Defense shall develop 
     the demonstration project in consultation with the Secretary 
     of Veterans Affairs and the Secretary of Health and Human 
     Services. The Secretary of Defense may also coordinate the 
     program with any accredited college, university, hospital-
     based or community-based mental health center the Secretary 
     considers appropriate.
       (d) Selection of Military Installation.--The demonstration 
     project shall be conducted at two military installations, one 
     active duty and one reserve component demobilization station, 
     selected by the Secretary of Defense. The installations 
     selected shall have members of the Armed Forces on active 
     duty and members of the reserve components that use the 
     installation as a training and operating base, with members 
     routinely deploying in support of operations in Iraq, 
     Afghanistan, and other assignments related to the global war 
     on terrorism.
       (e) Personnel Requirements.--The Secretary of Defense shall 
     ensure an adequate number of the following personnel in the 
     program:
       (1) Qualified mental health professionals that are licensed 
     psychologists, psychiatrists, psychiatric nurses, or clinical 
     social workers.
       (2) Suicide prevention counselors.
       (f) Timeline.--
       (1) The demonstration project required by this subsection 
     shall be implemented not later than September 30, 2009.
       (2) Authority for this demonstration project shall expire 
     on September 30, 2011.
       (g) Reports.--The Secretary of Defense shall submit to the 
     congressional defense committees--
       (1) a plan to implement the demonstration project, 
     including site selection and criteria for choosing the site, 
     not later than June 1, 2009,
       (2) an interim report every 180 days thereafter; and
       (3) a final report detailing the results not later than 
     January 1, 2012.

               Amendment No. 42 Offered by Ms. Schakowsky

  The text of the amendment is as follows:

       At the end of subtitle C, add the following new section:

     SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF 
                   INHERENTLY GOVERNMENTAL FUNCTIONS IN AN AREA OF 
                   COMBAT OPERATIONS.

       (a) Modification of Regulations.--Not later than 60 days 
     after the date of the enactment of this Act, the regulations 
     prescribed by the Secretary of Defense pursuant to section 
     862(a) of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 
     note) shall be modified to ensure that private security 
     contractors are not authorized to perform inherently 
     governmental functions in an area of combat operations.
       (b) Guidance.--After the issuance of regulations to 
     implement the actions required by section 322 of this Act, 
     the Secretary of Defense shall issue supplementary guidance 
     to describe functions that should not be performed by private 
     security contractors because they constitute inherently 
     governmental functions.
       (c) Periodic Review of Performance of Functions.--
       (1) In general.--The Secretary of Defense shall, in 
     coordination with the heads of other appropriate agencies, 
     periodically review the performance of private security 
     functions in areas of combat operations to ensure that such 
     functions are authorized and performed in a manner consistent 
     with the requirements of this section.
       (2) Reports.--Not later than June 1 of each of 2009, 2010, 
     and 2011, the Secretary shall submit to the congressional 
     defense committees a report on the results of the most recent 
     review conducted under paragraph (1).

                Amendment No. 45 Offered by Ms. Bordallo

  The text of the amendment is as follows:

       At the end of subtitle C of title XXVIII, insert the 
     following new section:

     SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

       (a) In General.--The Secretary of Transportation, acting 
     through the Administrator of the Maritime Administration (in 
     this section referred to as the ``Administrator''), may 
     establish a Port of Guam Improvement Enterprise Program (in 
     this section referred to as the ``Program'') to provide for 
     the planning, design, and construction of projects for the 
     Port of Guam to improve facilities, relieve port congestion, 
     and provide greater access to port facilities.
       (b) Authorities of the Administrator.--In carrying out the 
     Program, the Administrator may--
       (1) receive funds provided for the Program from non-Federal 
     entities, including private entities;
       (2) provide for coordination among appropriate governmental 
     agencies to expedite the review process under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     projects carried out under the Program;

[[Page H4784]]

       (3) provide for coordination among appropriate governmental 
     agencies in connection with other reviews and requirements 
     applicable to projects carried out under the Program; and
       (4) provide technical assistance to the Port Authority of 
     Guam (and its agents) as needed for projects carried out 
     under the Program.
       (c) Port of Guam Improvement Enterprise Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a separate account to be known as the 
     ``Port of Guam Improvement Enterprise Fund'' (in this section 
     referred to as the ``Fund'').
       (2) Deposits.--There shall be deposited into the Fund--
       (A) amounts received by the Administrator from non-Federal 
     sources under subsection (b)(1);
       (B) amounts transferred to the Administrator under 
     subsection (d); and
       (C) amounts appropriated to carry out this section under 
     subsection (f).
       (3) Use of amounts.--Amounts in the Fund shall be available 
     to the Administrator to carry out the Program.
       (4) Administrative expenses.--Not to exceed 3 percent of 
     the amounts appropriated to the Fund for a fiscal year may be 
     used for administrative expenses of the Administrator.
       (5) Availability of amounts.--Amounts in the Fund shall 
     remain available until expended.
       (d) Transfers of Amounts.--Amounts appropriated or 
     otherwise made available for any fiscal year for an 
     intermodal or marine facility comprising a component of the 
     Program shall be transferred to and administered by the 
     Administrator.
       (e) Limitation.--Nothing in this section shall be construed 
     to authorize amounts made available under section 215 of 
     title 23, United States Code, or any other amounts made 
     available for the construction of highways or amounts 
     otherwise not eligible for making port improvements to be 
     deposited into the Fund.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as may be necessary 
     to carry out this section.

           Amendment No. 46 Offered by Ms. Moore of Wisconsin

  The text of the amendment is as follows:

       At the end of title VII, add the following new section:

     SEC. 7__. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF 
                   DEFENSE MENTAL HEALTH TASK FORCE.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a review of the implementation by the 
     Department of Defense of recommendations made by the 
     Department of Defense Task Force on Mental Health (in this 
     section referred to as the ``Task Force'') developed pursuant 
     to section 723 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348) to 
     ensure a full continuum of psychological health services and 
     care for members of the Armed Forces and their families.
       (b) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to the congressional defense committees a report 
     on the results of the review required by this section. The 
     report shall include such recommendations as the Comptroller 
     General considers appropriate.

                 Amendment No. 43 Offered by Mr. Schiff

  The text of the amendment is as follows:

       Page 438, after line 6, insert the following (and make such 
     technical and conforming changes as may be appropriate):

     SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE THE 
                   LIKELIHOOD OF ACCIDENTAL NUCLEAR LAUNCH.

        (a) Study Required.--The Secretary of Defense shall carry 
     out a study to evaluate procedural and physical options for 
     introducing into the nuclear weapons launch procedures of the 
     United States, Russia, China, and any other strategically 
     appropriate nations determined by the Secretary, a time-delay 
     before a launch command can be executed that would be 
     transparent to and verifiable by the other nations. The 
     options studied shall encompass a wide range of possible 
     time-delays and shall include, for each option, an analysis 
     of--
       (1) the increased time, over current procedures, before a 
     launch command can be executed;
       (2) the strategic risk to United States national security, 
     including the survivability of the United States arsenal 
     under a range of verification failures;
       (3) the range of possible inspection regimes, including the 
     degree of verifiability that each would afford; and
       (4) the availability of parallel options in the other 
     nations included in such study.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the study. If a report under this subsection is submitted in 
     classified form, the Secretary shall concurrently submit to 
     the congressional defense committees an unclassified version 
     of such report.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Missouri (Mr. Skelton) and the gentleman from California (Mr. 
Hunter) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the 
amendments en bloc that have just been offered, all of which have been 
examined by both the majority and the minority.
  I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield to Mr. Castle, the gentleman from 
Delaware, 2 minutes.
  Mr. CASTLE. Mr. Chairman, this group of en bloc amendments includes 
an amendment I have offered.
  Although often overlooked, each military service offers active duty 
personnel and eligible members of the Guard and Reserve tuition 
assistance to take college courses during off-duty hours. For example, 
the Armed Forces Tuition Assistance Program offers active duty 
personnel up to $4,500 each year to take college courses. These 
important programs help active duty soldiers to plan ahead by getting 
an education and setting goals that match their career aspirations.
  However, with the demands of deployments and training, many active 
duty soldiers have difficulty finding time to use these education 
benefits and face obstacles in attending the institution of their 
choice. In response, Congressman Hinojosa and I have introduced this 
straightforward amendment which gives military installations the 
ability to enter into partnership with educational institutions for the 
purpose of making course schedules and curriculum more accessible and 
flexible for active duty troops. Such partnerships have proven 
effective in certain areas of the country, and our amendment makes 
clear the importance of working with local institutions to assist 
servicemembers in taking better advantage of their educational 
benefits.
  I thank the ranking member for yielding and I thank the chairman for 
their work on this legislation and their cooperation on this issue.
  Mr. TAYLOR. Mr. Chairman, I yield 1 minute to my friend and 
colleague, the gentleman from Washington (Mr. Smith), the chairman of 
the Subcommittee on Terrorism, Unconventional Threats, and 
Capabilities.
  Mr. SMITH of Washington. Mr. Chairman, I rise in support of the en 
bloc amendment and want to point particular attention to the amendment 
that was offered by me and Mr. Thornberry on strategic communications.
  Put simply, this is our effort to convey our message in the battle 
against violent extremism. And what we have discovered on our 
subcommittee is there are a lot of different pieces at the DOD and 
Department of State and elsewhere who are working on strategic 
communications issues, but none of it is coordinated. So our amendment 
asks for DOD and the administration to bring together and give us a 
coordinated plan for how to do strategic communications to make sure 
that our message, our counter-radicalization message, is coordinated 
and at its most effective.
  I think this is an important amendment, and I thank the chairman for 
including it in the en bloc and urge the support of the body.
  Mr. HUNTER. Mr. Chairman, I yield to the gentlelady from West 
Virginia (Mrs. Capito) 2 minutes.
  Mrs. CAPITO. Mr. Chairman, I would like to thank the ranking member 
for yielding to me; I would like to thank the Rules Committee for 
making my amendment in order; and I would like to thank the chairman of 
the House Armed Services Committee and the ranking member for making 
this an en bloc amendment.
  Each of our veterans who have served this country deserves to be 
honored by a grateful Nation. I come to the floor today to offer an 
amendment that provides funding for the Authorized Provider Partnership 
Program, otherwise known as AP3.
  Before the 2000 national defense authorization, veterans who had 
fully retired from the military were normally not afforded a 
traditional military funeral. The 2000 National Defense Authorization 
Act then established the AP3 program, which required the Department of 
Defense to provide at least the folding and presentation of a flag,

[[Page H4785]]

the playing of taps, and to assist with any transportation or 
miscellaneous expenses.
  The original provisions of this bill allow the Department of Defense 
to waive the obligation, which has resulted now in their funding being 
cut from this program. My amendment will reinstate the funding 
specifically for AP3 to $3 million, $1 million for the three branches 
of the military, to continue funeral honor services.
  Our veterans have served our country bravely and were prepared to 
take the ultimate sacrifice. We owe it to them to give them a proper 
and fitting sendoff in the recognition that they have served this 
country with honor. Their love of country will not go unrecognized.
  I would like to say, each of us members have attended funerals of our 
veterans as they passed away, and there is very compelling and very 
stirring of patriotism to see our older veterans pay tribute to them by 
honor guard or folding or presentation of the flag. It is critical we 
continue this, and I hope that this amendment will be passed.
  Mr. TAYLOR. Mr. Chairman, I yield 2 minutes to my friend and 
colleague, the gentlewoman from Guam (Ms. Bordallo), a member of the 
House Armed Services Committee and the Readiness Subcommittee.
  Ms. BORDALLO. I thank the gentleman from Mississippi.
  I rise in strong support of this en bloc amendment package and of the 
underlying bill. One of the amendments in this en bloc package enables 
the Maritime Administration to perform necessary improvements at the 
Port of Guam. A $13 billion investment is planned for military 
construction and civilian infrastructure on Guam.
  The Port will be handling substantial amounts of cargo in a very 
condensed timeline. The Maritime Administration has a solid track 
record of assisting governments. They have done work in Alaska and 
Hawaii, and that is why we need them for the Port of Guam.
  My amendment, which is included in this en bloc package, will enable 
the Maritime Administration and the government of Guam to execute a 
port improvement program under the terms of an MOU. Support for this 
amendment will help eliminate a potential chokepoint to the ultimate 
success of the build-up.
  I want to thank Chairman Skelton and Chairman Ortiz for their support 
of Guam and the provisions in this bill that ensures congressional 
oversight and accountability of the military build-up. Provisions 
extend the Davis-Bacon Act to all military construction on Guam, 
establishes a procurement technical assistance center on Guam, 
establishes congressional guidance on improvements to the utility 
system, and encourages the development of an MOU between the Government 
of Guam and the Federal Government.
  Mr. Chairman, I want to thank Chairman Skelton. As he said on a 
recent trip to my district, and I quote, ``What is good for Guam, is 
good for our Nation.''
  I thank the Readiness Subcommittee staff, the full committee policy 
staff, Erin, Paul, and Andrew for their help. I urge my colleagues to 
vote ``yes'' on this en bloc package and ``yes'' on the final passage 
of H.R. 5658.
  Mr. SAXTON. Mr. Chairman, I yield 2 minutes to the gentlelady from 
Florida (Ms. Ginny Brown-Waite), a great member of our committee.
  Ms. GINNY BROWN-WAITE of Florida. I thank the gentleman.
  Mr. Chairman, I rise today in support of the en bloc package. It does 
include an amendment that I have to the national defense authorization 
bill.
  In keeping with the spirit of the Warrior Ethos, in 2005 the 
Department of Army authorized the creation of the Combat Action Badge. 
The Combat Action Badge provides special recognition to soldiers who 
personally engage the enemy or the enemy is engaged with during combat 
operations. Current Army policy limits eligibility, however, for the 
Combat Action Badge to those soldiers who serve after September 18, 
2001.
  While this is a noble effort, the award overlooks the thousands of 
veterans who have made similar sacrifices in previous wars. My 
amendment corrects this error by expanding the eligibility to include 
these soldiers who served since December 7, 1941. Not only does this 
award recognize all veterans who engaged the enemy in combat, it does 
so at no cost to the Army.
  Mr. Chairman, this amendment will properly recognize our veterans for 
their sacrifices and service to this great Nation. I urge my colleagues 
to support this en bloc package.
  Mr. SKELTON. I yield 1 minute to my friend, the gentlelady from 
Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, Sergeant Jonathan Schulze was an Iraq war 
veteran who committed suicide after being denied care to address his 
PTSD symptoms. According to the Director of the National Institute of 
Mental Health, today, among veterans of the wars in Iraq and 
Afghanistan, the number of suicides may exceed the number who have been 
killed in combat. This is a broken promise, Mr. Chairman. After asking 
our soldiers to sacrifice so much, we must ensure they get the care 
they deserve.
  I was proud to work with Chairman Skelton on the DeLauro-Courtney 
amendment to direct the Secretary of Defense to conduct a demonstration 
project to assess the feasibility and the efficacy of providing face-
to-face postdeployment mental health screening between members of the 
Armed Forces and a mental health provider.

                              {time}  1715

  The 2-year project will include a combat stress evaluation conducted 
by a qualified mental health professional 120 to 180 days of the date 
the soldier returns. And a case manager will follow up by phone over 
the course of another 2 years.
  We have no excuse for failing the soldiers who have given this Nation 
everything.
  I urge adoption of this amendment.
  Mr. SAXTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Lewis), the ranking member of the Appropriations 
Committee.
  (Mr. LEWIS of California asked and was given permission to revise and 
extend his remarks.)
  Mr. LEWIS of California. Mr. Chairman, I very much appreciate my 
colleague from New Jersey yielding this time, and I won't even take 
that much time.
  I rise today to recognize the fact that there may be an amendment 
later this evening that will address the Marine Corps Training Center 
at 29 Palms. It's very, very important for the House to know the 
significance of that facility, the role it plays in the great work of 
the Marine Corps. The design here is to try to improve and help with 
that work.
  Mr. Chairman, I rise first to congratulate Chairman Ike Skelton and 
ranking member and former Chairman Duncan Hunter for working together 
in a bipartisan manner to craft an excellent National Defense 
Authorization Bill. As you know, this is Duncan Hunter's last 
authorization bill and I honor his many years of service on the Armed 
Services Committee and his unfailing support of our men and women in 
uniform.
  Mr Chairman, unfortunately an amendment has been made in order to 
strike an important project that would benefit all the marines and 
their family members who are stationed or who pass through Twentynine 
Palms marine base.
  This project is the Lifelong Learning Center.
  Phase I of the Life Long Learning Center, LLLC, project at the Marine 
Corps base Twentynine Palms provides a facility to help marines and 
their families fulfill their educational goals.
  The project will replace older, undersized facilities with a 17,000 
square foot, three-story building which will include classrooms, office 
spaces, a computer room and other supporting infrastructure.
  When completed, the LLLC will facilitate more than 40 higher 
education classes with an anticipated enrollment exceeding 1500 
students per term.

         U.S. Marine Corps, Marine Air Ground Task Force Training 
           Command, Marine Corps Air Ground Combat Center,
                               Twentynine Palms, CA, May 22, 2008.
     Subject: Life Long Learning Center--Twentynine Palms
     Hon. Mr. Lewis,
     Rayburn House Office Building,
     Washington, DC.
       Dear Mr. Lewis. The Marine Corps Air Ground Combat Center 
     (MCAGCC) is a remote, isolated base that is both home for 
     about one third of the 1st Marine Division and other units 
     assigned to I Marine Expeditionary Force, and is a service 
     level training installation. The installation has worked hard 
     over the years on innovation and best practices as evidenced 
     by our state-of-the-art training capabilities, demonstrated 
     excellence in energy conservation, improvements in quality of 
     life for our people, and

[[Page H4786]]

     installation management. We are now determined to improve the 
     educational opportunities for the 12,000 Marines, their 
     families and the civilians who serve at this remote outpost.
       The Life Long Learning Center (LLLC) project is critical to 
     the success of our education initiatives. MCAGCC's current 
     educational facilities are single story, 1950 era barracks 
     scattered throughout the base that have been converted into 
     classrooms. These facilities do not meet the needs of our 
     educational programs. The LLLC will provide a modern facility 
     that will meet all our requirements in one centralized 
     location. The project, as we have submitted in the Military 
     Construction program, will be constructed in two phases. The 
     first phase is a 17,000 square foot, three-story building 
     which will include classrooms, office spaces, a computer lab 
     and other supporting infrastructure. When completed, this 
     facility will provide space for more than 40 higher education 
     classes with an anticipated enrollment exceeding 1500 
     students per term. The second phase will provide a library.
       We are committed to continuing education for our Marines 
     and Sailors. Not only do we get better Marines and Sailors, 
     we also set them up for success as they return to their 
     civilian communities.
       Teaming with local school systems, MCAGCC bas brought the 
     expertise of the Department of Defense Education Activity 
     (DoDEA) to assist with local educational challenges. While 
     focused on military dependent children, there are a number of 
     programs that will benefit our local community, to include 
     teacher training and DoDEA provided AP courses. In this 
     remote and isolated location, employment opportunities are 
     limited for spouses and dependents. This facility will allow 
     us to expand education opportunities as an alternative to 
     employment.
       MCAGCC is the single largest employer in the Morongo Basin 
     and access to a quality workforce is critical to our mission. 
     We provide multiple workforce development education and 
     training programs. I am convinced that improved education 
     programs will benefit the overall workforce, enhance the 
     quality of life in this region and ensure we are able to 
     continue to train our Marines for combat as our current 
     civilian workforce ages and retires.
       The state-of the-art educational facility provided by the 
     LLLC will provide Marines and their families the opportunity 
     to work on their career goals as well as prepare them for 
     life after the Marine Corps. It is my highest quality of life 
     initiative and I truly appreciate your assistance in helping 
     us support the Marines and Sailors preparing to defend this 
     great country of ours.
           Sincerely,
                                                     M. G. Spiese,
                                                Brigadier General.
  Mr. SKELTON. I yield 1 minute at this time to a friend, the 
gentlelady from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. I'd like to thank Chairman Skelton for working with 
me on my amendment to prohibit private security contractors from 
performing inherently governmental functions in combat areas, and for 
offering his support.
  We've all heard about the violent incidents involving private 
security contractors injuring and killing civilians in Iraq and 
elsewhere. This is a systemic problem that exists because private 
employees are currently being tasked with extremely sensitive jobs like 
gathering intelligence and providing armed security.
  And it is a systematic problem that private contractors do not wear 
the badge of the United States, are clearly not part of the chain of 
command, are not subject to the same accountability that those who are 
employed with the badge of the United States, and that those 
contractors have often damaged the credibility of our military and 
harmed our relationship with the Iraqi government.
  We want to show the American people and the Iraqis, that there are 
inherently governmental functions that will only be performed by people 
in the U.S. military or our U.S. Government personnel.
  I urge support for this entire bill and for this amendment.
  Mr. SAXTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Georgia (Mr. Price).
  Mr. PRICE of Georgia. Mr. Chairman, I thank you for your leadership 
on this issue. I want to thank the chairman of the committee and the 
ranking member for their work on this committee.
  My amendment in this en bloc amendment addresses the issue of 
eliminating waste, fraud and abuse within the DOD system by addressing 
the issue of government-wide purchase cards. These cards are used to 
acquire supplies such as pencils, paper, computers, but also to even 
make payments on government contract. And these cards, while they've 
proven to be valuable as they reduce administrative costs and increase 
flexibility, they can be used or abused and misused, as has been 
evident by a recent GAO study. That study showed that, over a 1-year 
period of time, 41 percent of the purchase card transactions failed to 
meet basic internal standards.
  My amendment will ensure that purchases are independently verified 
and received by an authorizing official. It asks for an inventory of 
property to be updated promptly. Without doing this, property such as 
laptops and computers can go missing or even stolen.
  And for those personnel who abuse the purchase cards, this amendment 
would dictate that DOD will have the option of having them reimburse 
the government for unauthorized or erroneous purchases.
  I know my colleagues will support this wise amendment to decrease 
waste, fraud and abuse. I thank my colleagues for their support.
  Mr. SKELTON. I yield 1 minute to my friend, my colleague, the 
gentlelady from Wisconsin (Ms. Moore).
  Ms. MOORE of Wisconsin. Thank you, Mr. Chairman, for yielding me the 
time.
  I believe that the prevalence of PTSD, post-traumatic stress 
disorder, among our servicemembers is a critically important issue that 
we must continue to focus on.
  It is distressing that a rising number of our brave service men and 
women are coming back from conflicts in Afghanistan and Iraq suffering 
from the signature injuries of this conflict, PTSD and traumatic brain 
injury.
  I'm sure that my colleagues are aware of the recent Rand report that 
up to 300,000 Iraq and Afghanistan veterans may currently be suffering 
from PTSD or depression. My amendment would ensure that recommendations 
have been put forward to close identified gaps in access to care, to 
fight stigma and improve treatment are actually implemented.
  Unfortunately, an Iraqi veteran in my district lost his battle with 
the PTSD, despite his parents' frenetic and futile efforts to get the 
desperately needed services.
  We must never lose sight of the fact that it's our goal not just for 
DOD to have a plan, but to actually make the changes and do it in a 
timely manner.
  Mr. SAXTON. Mr. Chairman, we have no further speakers at this time, 
and I am prepared to yield back. I do yield back.
  Mr. SKELTON. I yield 1 minute to my good friend, the gentleman from 
California (Mr. Schiff).
  Mr. SCHIFF. Thank you, Mr. Chairman, for including my amendment in 
the en bloc package.
  My amendment requires the Secretary of Defense to explore ways in 
which we can reduce the likelihood of an accidental nuclear launch from 
arsenals around the world.
  Since the end of the Cold War, the procedures required to launch 
nuclear weapons have remained virtually unchanged. Both the U.S. and 
Russia still maintain thousands of nuclear weapons on high alert that 
can be launched at a moment's notice. Though the risk of a deliberate 
nuclear war with Russia is now very low, the danger of an accidental 
launch has increased.
  In an op-ed in the Wall Street Journal in January, George Shultz, 
William Perry, Henry Kissinger and Sam Nunn said that we must ``take 
steps to increase the warning and decision times for the launch of all 
nuclear-armed ballistic missiles, thereby reducing risks of accidental 
or unauthorized attacks. Reliance on launch procedures that deny 
command authorities sufficient time to make careful and prudent 
decisions is unnecessary and dangerous in today's environment.''
  This amendment to the defense authorization act calls for a study of 
the methods by which Chinese, Russian and American weapons can be made 
safer in a multilateral framework, and I urge its support.
  Mr. SKELTON. At this time, I yield 1 minute to a friend, a member of 
the Committee on Armed Services, the gentleman from Pennsylvania (Mr. 
Sestak).
  Mr. SESTAK. Mr. Chairman, there are 8,500 autistic children in the 
U.S. military. Only 700 get intervention help. Part of the reason is 
that they, military families move every 2 to 3 years, and if they try 
to apply to their States into the right intervention help, they don't 
have enough time to get that.

[[Page H4787]]

  The other problem is the TRICARE program has in place what's called 
Echo, where they get, after they wait quite some period of time, 1 hour 
of help each day. The American Academy of Pediatrics says it should be 
5 hours minimum a day, and the National Research Council says 8 hours 
minimum a day. This amendment, amendment 10, merely says at this time 
let's give them at least 2 hours a day.
  And then, because of Mr. Skelton, because of Congresswoman Davis, 
because of Congressman Snyder, this amendment is here today. Also in 
the bill is a study to see if we can't place them under standardized 
TRICARE plans so they can get everything that they need.
  I very much appreciate your help, Mr. Chairman.
  Mr. HINOJOSA. Mr. Chairman, I rise today to offer an amendment to the 
National Defense Authorization Act for Fiscal Year 2009.
  The Armed Forces Tuition Assistance program offers active duty 
personnel in our Nation's Armed Forces an annual stipend to enroll in 
college courses during their off-duty time.
  Unfortunately, low awareness of this program and the rigorous and 
inflexible schedules of our troops have prevented the full utilization 
of these programs. While the education of our veterans deservedly 
garners much of our attention, it is important for us to remember that 
our servicemembers' educational pursuits should not be suspended while 
on active duty.
  Our modest amendment will authorize military installations to enter 
into partnerships with educational institutions to help provide a 
richer and more flexible course schedule for our men and women in the 
armed services.
  I wish to thank Mr. Castle for joining with me in this effort and 
hope that my colleagues will join me in supporting this amendment.
  Mr. SKELTON. I yield back on this en bloc amendment.
  The Acting CHAIRMAN. The question is on the amendments en bloc 
offered by the gentleman from Missouri (Mr. Skelton).
  The amendments en bloc were agreed to.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 110-666 on 
which further proceedings were postponed, and in the following order:
  Amendment Number 3 by Mr. Akin of Missouri.
  Amendment Number 6 by Mr. Franks of Arizona.
  Amendment Number 23 by Mr. Tierney of Massachusetts.
  Amendment Number 33 by Mr. Pearce of New Mexico.
  Amendment Number 26 by Ms. Lee of California.
  Amendment Number 53 by Mr. Braley of Iowa.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                  Amendment No. 3 Offered by Mr. Akin

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Missouri 
(Mr. Akin) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 128, 
noes 287, not voting 24, as follows:

                             [Roll No. 355]

                               AYES--128

     Aderholt
     Akin
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilbray
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Coble
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Doolittle
     Drake
     Dreier
     Everett
     Fallin
     Ferguson
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey
     Goode
     Goodlatte
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Neugebauer
     Nunes
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Sensenbrenner
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Wamp
     Weller
     Westmoreland
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                               NOES--287

     Abercrombie
     Ackerman
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonner
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Buyer
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Feeney
     Filner
     Fortenberry
     Fossella
     Foster
     Frank (MA)
     Gerlach
     Giffords
     Gilchrest
     Gohmert
     Gonzalez
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Rehberg
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Whitfield (KY)
     Wilson (OH)
     Wu
     Yarmuth

                             NOT VOTING--24

     Andrews
     Bishop (UT)
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Wexler
     Woolsey
     Wynn
     Young (AK)

                              {time}  1751

  Mrs. McCARTHY of New York, Messrs. HALL of New York, BERMAN, 
CAZAYOUX, JOHNSON of Georgia, BROWN of South Carolina, SOUDER, LATHAM, 
GOHMERT, AL GREEN of Texas, LINCOLN DIAZ-BALART of Florida, CHABOT and 
ROSKAM changed their vote from ``aye'' to ``no.''
  Messrs. CALVERT and SHUSTER changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:

[[Page H4788]]

  Mr. BISHOP of Utah. Mr. Chairman, on rollcall No. 355, had I been 
present, I would have voted ``no.''


            Amendment No. 6 Offered by Mr. Franks of Arizona

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Franks) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 229, not voting 24, as follows:

                             [Roll No. 356]

                               AYES--186

     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bean
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Cazayoux
     Chabot
     Childers
     Cole (OK)
     Conaway
     Cramer
     Cubin
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ruppersberger
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                               NOES--229

     Abercrombie
     Ackerman
     Allen
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--24

     Andrews
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Lynch
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Wexler
     Whitfield (KY)
     Wynn
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). There is less than 1 minute 
remaining in the vote.

                              {time}  1755

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 23 Offered by Mr. Tierney

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Tierney) on which further proceedings were postponed 
and on which the ayes by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 122, 
noes 292, not voting 25, as follows:

                             [Roll No. 357]

                               AYES--122

     Ackerman
     Allen
     Baird
     Baldwin
     Berman
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Capps
     Capuano
     Castle
     Clarke
     Clay
     Cleaver
     Cohen
     Costello
     Courtney
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Duncan
     Ellison
     Emanuel
     Eshoo
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Green, Al
     Grijalva
     Hall (NY)
     Hare
     Hastings (FL)
     Hayes
     Hinchey
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Jackson (IL)
     Jackson-Lee (TX)
     Kagen
     Kanjorski
     Kildee
     Kind
     Kucinich
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Michaud
     Miller, George
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Payne
     Price (NC)
     Rahall
     Rangel
     Roybal-Allard
     Sanchez, Linda T.
     Schakowsky
     Schiff
     Schwartz
     Serrano
     Shays
     Sherman
     Shuler
     Sires
     Slaughter
     Solis
     Speier
     Stark
     Sutton
     Thompson (CA)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wu
     Yarmuth

                               NOES--292

     Abercrombie
     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Baca
     Bachmann
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Cardoza
     Carnahan
     Carney
     Carson
     Cazayoux
     Chabot
     Chandler
     Childers
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Cramer
     Crowley
     Cubin
     Cuellar

[[Page H4789]]


     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Donnelly
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Ellsworth
     Emerson
     Engel
     English (PA)
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Gene
     Gutierrez
     Harman
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hirono
     Hoekstra
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kaptur
     Keller
     Kennedy
     Kilpatrick
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Neugebauer
     Norton
     Nunes
     Ortiz
     Pastor
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schmidt
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tsongas
     Turner
     Upton
     Walberg
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Young (FL)

                             NOT VOTING--25

     Andrews
     Bachus
     Buyer
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hall (TX)
     Hinojosa
     Hobson
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Wexler
     Wynn
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1759

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 33 Offered by Mr. Pearce

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Mexico 
(Mr. Pearce) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 145, 
noes 271, not voting 23, as follows:

                             [Roll No. 358]

                               AYES--145

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Chabot
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hulshof
     Hunter
     Issa
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kline (MN)
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Young (FL)

                               NOES--271

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Buyer
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Drake
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Gerlach
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kingston
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Platts
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Regula
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wilson (OH)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--23

     Andrews
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Renzi
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Wexler
     Wynn
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1804

  So the amendment was rejected.
  The result of the vote was announced as above recorded.

[[Page H4790]]

                  Amendment No. 26 Offered by Ms. Lee

  The Acting CHAIRMAN (Ms. Baldwin). The unfinished business is the 
demand for a recorded vote on the amendment offered by the gentlewoman 
from California (Ms. Lee) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 234, 
noes 183, not voting 22, as follows:

                             [Roll No. 359]

                               AYES--234

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Duncan
     Edwards
     Ellison
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Feeney
     Filner
     Foster
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Poe
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--183

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Carney
     Castle
     Cazayoux
     Chabot
     Childers
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Ehlers
     Ellsworth
     Everett
     Fallin
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--22

     Andrews
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Wexler
     Wynn
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). There is less than 1 minute 
remaining in this vote.

                              {time}  1810

  Mr. KING of Iowa changed his vote from ``aye'' to ``no.''
  Messrs. UPTON and POE and Mrs. EMERSON changed their vote from ``no'' 
to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. ELLSWORTH. Madam Chairman, during rollcall vote No. 359, on the 
Lee amendment No. 26 to H.R. 5658, I mistakenly recorded my vote as 
``no'' when I should have voted ``aye.''


             Amendment No. 53 Offered by Mr. Braley of Iowa

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Iowa (Mr. 
Braley) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 245, 
noes 168, not voting 26, as follows:

                             [Roll No. 360]

                               AYES--245

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Cazayoux
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Dreier
     Duncan
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Feeney
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Garrett (NJ)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Kuhl (NY)
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Lee
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan

[[Page H4791]]


     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--168

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Castle
     Childers
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Ehlers
     English (PA)
     Everett
     Fallin
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Hunter
     Issa
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     LaHood
     Lamborn
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Wamp
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--26

     Andrews
     Cannon
     Carter
     Castor
     Christensen
     Crenshaw
     Doyle
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Lewis (GA)
     Manzullo
     Melancon
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Weldon (FL)
     Wexler
     Wynn
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there is 1 
minute left in this vote.

                              {time}  1814

  Mr. SHAYS changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 22 Offered by Mr. Flake

  The Acting CHAIRMAN. It is now in order to consider amendment No. 22 
printed in House Report 110-666.
  Mr. FLAKE. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 22 offered by Mr. Flake:
       Add at the end of title XXII the following new section:

     SEC. 2208. PROHIBITING USE OF FUNDS FOR LIBRARY/LIFELONG 
                   LEARNING CENTER.

       None of the funds appropriated to carry out this Act (or 
     any amendment made by this Act) may be used for a library/
     lifelong learning center at Marine Corps Base Twentynine 
     Palms, California.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Madam Chairman, I intend to withdraw this amendment after 
speaking for a few minutes about the process here.
  I intended to offer an amendment to strip an earmark in California. 
It's not that I've had any epiphany on the earmark where I think it's 
good now. I don't. I think it should not be in this committee report. 
But I'm not at all happy with the process here.
  I submitted a total of five amendments to the Rules Committee. Two 
amendments were to target earmarks sponsored by Democrats. Two 
amendments were to target earmarks sponsored by Republicans. One was to 
uphold the President's executive order with regard to earmarks. When 
the rule came back from the Rules Committee, only one of the amendments 
was made in order, one amendment targeting a Republican earmark.
  Over the past couple of years, as the Members know, I have come to 
the floor more than a hundred times to try to strike earmarks. I have 
tried never to make it a partisan issue. When Republicans were in 
charge of this body, I sponsored more challenges to Republican 
earmarks. As the Democrats have taken charge, I've probably sponsored 
more challenges to Democrat earmarks. But as soon as this becomes a 
partisan issue, then we lose something here. Earmarks are an 
institutional issue, an institutional problem here, and we cannot treat 
it in a partisan fashion. That's why I will be asking for unanimous 
consent to withdraw this amendment.
  But the problem here is that we also didn't allow in the rule the 
amendment to uphold the President's executive order. The President 
wisely has recognized that when you don't have earmarks in the bill 
text, when you're allowed to put them in a committee or conference 
report, you don't have the scrutiny that you should have on earmarks.
  Just take, for example, this bill. This bill has about 500 earmarks. 
It went through the committee process. The earmarks were added at the 
last minute. In fact, I am told, at least on the Republican side and I 
suppose on the Democrat side as well, the rank-and-file members on the 
committee didn't even know which earmarks were allowed until the markup 
had happened; so it was impossible to challenge the earmarks while the 
bill was in committee.
  Now, tell me, if we are supposed to be vetting these earmarks, if 
we're supposed to be looking at them, where are we supposed to do it? 
It's not happening in the committee process. It's certainly not 
happening on the floor. So where do we actually look at these?
  We have a former Member of this body in jail right now for basically 
selling earmarks to defense contractors. He used the defense bill, year 
after year after year, I might add, and there was never a point at 
which those earmarks were challenged. Nobody looked. In fact, people 
looked the other way. There were plenty of warning signs out there that 
these earmarks were untoward. But we looked the other way. I would 
submit we are doing the same thing today.
  When you have a report come to the floor with more than 500 earmarks, 
none of which were even known to most members of the committee before 
it arrived here on the floor, and then when I offer amendments to the 
earmarks, I'm only told I can offer one on the floor, one targeting a 
Republican earmark, to try to make it a partisan issue, there's 
something wrong with this picture.
  I don't know when we are going to wake up and recognize that earmarks 
are cheapening this institution, and greatly. In Congress you place 
value and priorities by appropriating money and authorizing money, but 
when you have earmarks like this that are slipped in at the last minute 
out of sight, then you don't get proper debate on these priorities. You 
basically close your eyes to other people's earmarks because you want 
to protect your own. And when you have more than 500 earmarks, there 
are enough to spread around where debate that should be happening on 
defense priorities or other priorities in other bills is hushed and we 
simply don't have the scrutiny that these bills deserve.

[[Page H4792]]

  A lot of these earmarks are, in essence, single-source contracts to 
private companies. We get all over the administration, and properly so, 
when they give single-source contracts. Halliburton, how many times 
have we heard it? We should scrutinize that. We should provide 
oversight. Yet when one of our Members does it, we turn our backs and 
say we don't want to know because we might want to do it as well.
  Madam Chairman, we have to stop this process.
  Madam Chairman, I ask unanimous consent that my amendment be 
withdrawn.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Arizona?
  Mr. SKELTON. Madam Chairman, I reserve the right to object, and I 
will not object.
  Madam Chairman, I think we should point out the fact that the base 
bill to which you just referred voids an executive order where the 
President said that any language in a project, in a program, report 
language, could not be put into force and effect and that it had to be 
in bill language. It sounds good, but in truth, in fact, what happens 
if that is the case, whatever is in bill language on a program or 
project, whatever the case may be, may not be reprogrammed. You're 
stuck with it.
  For instance, I signed, together with my friend Duncan Hunter, a 
reprogramming on Future Combat Systems within the last 3 or 4 weeks for 
well over $100 million, and it should have been. We did the right 
thing. And if the executive order were in full force and effect and if 
that had been in report language, it would all have been for naught and 
Mr. Hunter and I could not have agreed to that very, very important 
reprogramming which should have been done.
  So you're throwing the cat out with the kittle.
  Madam Chairman, I withdraw my reservation of objection.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Arizona?
  Mr. HUNTER. Reserving the right to object, Madam Chairman, I will not 
object, except I want to talk to my friend about what he calls 
earmarks.
  A couple of years ago when our guys started to get hurt with roadside 
bombs in Iraq, we realized that there were no jammers to jam those 
electronic signals that detonate the 155 rounds that were blowing up 
American Marines and soldiers, no portable jammers. That means while we 
had the big jammers we carry in the trucks to protect convoys, there 
were no jammers to protect that squad of Marines or soldiers working 
through a courtyard in Ramadi or Fallujah.
  This committee put in $10 million for 10,000, jammers which we 
researched and developed, manufactured and deployed in the field in 70 
days. Those were earmarks.
  Now, if the gentleman's assertation is true, and the whole theme of 
his argument here is if the Pentagon doesn't request it, it's not 
needed, I disagree with it. This is what the Pentagon had for portable 
jammers for our troops: zero.
  I can tell the gentleman about the system that we put in that has had 
a very salutary effect on the ability of the enemy to hurt our troops 
with mortars, also so-called earmarks. I can tell the gentleman about 
our surveillance programs that we added to, also so-called earmarks. I 
could tell the gentleman that I put in the defense budget a couple of 
years ago, along with my good friend Ike Skelton, an increase in U.S. 
Marine Corps, taking them up at that point to 180,000. Today nobody 
suggests that we should somehow discharge those Marines because we 
added them above and beyond the President's budget. In fact, the 
President now has come back and said, you know, you guys in the Armed 
Services Committee were right, and because of that, they put in a 
request this year for 7,000 more Army troops and 5,000 more Marines.
  So I would just say to the gentleman it's our job, our responsibility 
under the Constitution, to build this defense budget. It's not the 
Pentagon's. In fact, the Constitution doesn't mention the Pentagon.
  Now, what I do with the initiatives that I put in, I put them on the 
Internet. How's that for disclosure? I think at least a couple hundred 
people see that. Now, with respect to how many people see these, we put 
out the directive report language. Everybody sees that. But you mark up 
your subcommittees only a few days, sometimes as much as a week but 
rarely longer, before you go to full committee. And so the tables that 
have all of the numbers in them, and it's got hundreds and hundreds of 
entries, are available to any Member that wants to come by and ask for 
them. But we're not going to put those out to the press and cause a 
massive circus of contractors and media people swarming the committee 
when we're trying to get our job done. We have never done it like that.
  But the disparaging way in which the gentleman talks about things 
that we put in, some of which are crucial to the survival of your 
constituents, the young men and women who joined the Marine Corps and 
the Army from your district, I think is misplaced.
  The building of the defense budget is a very important thing. It's a 
thing that we do often in disagreement with the Pentagon. We have put 
in additional aircraft carriers when you had Presidents who didn't want 
to put them in because we thought they were important to the survival 
of this country, and we turned out to be right. We have increased end 
strength in the Army and Marine Corps. We have done most of the work on 
UAVs, Unmanned Aerial Vehicles. That means you don't get pilots shot 
down. That means you're able to disperse many more platforms that can 
gather information.

                              {time}  1830

  The things that we put in the defense budget are generally done after 
a lot of thought, a lot of analysis and, generally speaking, they have 
been very good for our troops.
  Mr. FLAKE. Will the gentleman yield?
  Mr. HUNTER. I'd be happy to yield.
  Mr. FLAKE. The gentleman has mentioned many projects. I'm sure all of 
those mentioned would survive the authorization, appropriation, and 
oversight.
  Mr. HUNTER. We did authorize them.
  Mr. FLAKE. Well, then there's no need to earmark it this way if it's 
authorized. There's no reason to put it in committee or conference 
report language and not have it in the bill. I think what the President 
has rightly recognized is that when it's not in the bill, then there 
are limited opportunities for other Members to see it and to scrutinize 
it.
  Mr. HUNTER. Let me take back my time and explain to the gentleman why 
it's important to have report language. You start programs and you also 
put policies in place. If you put those in the bill and those are 
locked into law and then you get a call from the administration and 
they say, You know, we looked at this thing and there's not enough 
long-lead materials to build this. You are strait-jacketed. The 
administration can't come back and say, We want to reprogram. At that 
point, you have to change the law.
  If you have a policy, and here you have wars in two theaters, if you 
have a policy you have to change, you can't just call up and you can't 
work the policy out with the Army, the Air Force, the Navy, the Marine 
Corps. You now have to go back and change the law. If you have looked 
at the reprogramming requests that are made by the Pentagon, they are 
usually made with respect to some factor that has changed. You would 
have hundreds of changes that now require changes in the law, and in a 
very real way, having report language that gives flexibility to the 
administration, is for their benefit.
  Now we can put all this stuff in the law if that is the requirement 
to do it. But it doesn't make sense, either for us or for the 
administration. That is why you have it, because you have changing 
situations and you have got to have the flexibility for people to call 
up and say, You know, we just developed another system that is better 
than that one. Let's not continue to fund that in a straitjacket. Let's 
go ahead and reprogram and go to the other one. Or maybe we have a 
priority. Maybe we need ammunition, maybe we need more ammunition. So 
we want you to take money from this program and put it into ammunition. 
You can't do that if everything is in statute.
  Mr. FLAKE. Will the gentleman yield?
  Mr. HUNTER. Be happy to.
  Mr. FLAKE. There is nothing in the President's executive order that 
binds

[[Page H4793]]

the Pentagon from reprogramming funds. It simply says that the Pentagon 
may decide to exclude earmarks that it did not request and that aren't 
in the statute language. I understand the importance of report 
language.
  Mr. HUNTER. If you take the gentleman's argument to its ultimate 
conclusion, that means the portable jammers, the ones that only weigh a 
couple of pounds that we gave to our marines to save their lives so 
they can carry them, because you can't carry the 150-pounders on your 
back when you're on a patrol, they would not have gotten those because 
they weren't in the Pentagon's budget.
  The point that I am making is that the Pentagon often misses things. 
They don't have always the best judgment in this world. I point to guys 
like the chairman of the Defense Appropriations in the full committee, 
Mr. Lewis, who, by many people, is considered one of the fathers of the 
Predator. The Predator aircraft has saved lives because it's allowed us 
to do recon and striking without having to have a pilot out there who 
may be shot down and have to be recovered. That was a program that 
required a lot of pushing against the will of the Pentagon.
  So I disagree with the gentleman's argument that somehow anything the 
Pentagon disagrees with is illegitimate. We've had, in many cases, a 
better idea than the Pentagon, and the increases in the Army and Marine 
Corps are two of the great examples. This committee said you have to 
increase it, and we increased it. You call that an earmark. Today, the 
administration calls it the right thing to do.
  Mr. SKELTON. Will the gentleman yield?
  Mr. HUNTER. Be happy to yield.
  Mr. SKELTON. From time to time you and I are asked to authorize 
reprogramming that the Pentagon asked for; is that not correct?
  Mr. HUNTER. Let me just say to my friend, I believe in disclosure. 
That is why I put every initiative on the Internet. I think you have 
got to disclose things and you have got to be able to be accountable 
for those things. I think that's absolutely true.
  Mr. SKELTON. Let me ask. If the program were in bill language, the 
Pentagon request to reprogram could not be authorized by you and me. Is 
that correct?
  Mr. HUNTER. That's right.
  Mr. SKELTON. Thank you.
  Mr. FLAKE. Will the gentleman yield?
  Mr. HUNTER. Sure.
  Mr. FLAKE. Again, the President's directive doesn't relate to report 
language in general, it's simply the earmark. Now I just have to say, 
500 earmarks in this bill. There will be more than 2,000 when the 
appropriation bill comes to the floor, if tradition holds. If somebody 
can make the argument that that is a process worthy of this 
institution, for more than 2,000 earmarks to come to the floor, and no 
time, no time--it will come to the floor probably the same day that we 
vote on it--for this body to appropriately scrutinize it, and for every 
Predator or worthy earmark that you can point to, you can probably 
point to a dozen where shirts were earmarked that melt on a soldier's 
body, but somebody in their district just wanted them.
  Mr. HUNTER. Taking back my time, I don't think we are going to be 
appropriating any melting shirts, or authorizing any melting shirts. We 
do serious stuff. And when you have a defense bill which is over $500 
billion and it has thousands and thousands of provisions in it, I would 
say that the number of changes we make actually is fairly minimal.

  If you look at the massive amount of money that is spent on defense, 
the change that we make in scoping the defense bill, which is not only 
our prerogative, it's our mandate, it doesn't say: You shall accept and 
rubber-stamp what the Pentagon puts out there. And experience has shown 
us. And, thankfully, we have followed our mandate because we have put 
in systems that have saved lives, that the Pentagon didn't think about, 
and we have put in more systems that have made us more effective at 
fighting the Nation's war that the Pentagon didn't think about.
  We have got members on the committee, I would say to my friend, who 
have taken five, six, seven, eight trips to Iraq and Afghanistan. They 
see things. They write down notes. We have our professional staff with 
us. We were out there looking at the Fourth Division and we saw some of 
their trucks whose armor consisted of two layers of plywood, with 
sandbags in between. That is why we went back and on an initiative we 
put together double-hulled trucks. To my knowledge, none of those 
double-hulled trucks has yet been penetrated by any enemy shrapnel from 
a roadside bomb. We do things in response to what we think the solders 
and sailors and airmen and marines need.
  So I agree with the gentleman that we should all be accountable for 
what we put in a bill, whether it's a defense bill or something else, 
and you have got to stand up. If it's a bad one, you take the heat for 
it. But just saying anything that doesn't come out of the 
administration is, by definition, illegitimate, is absolutely not 
accurate.
  I can just tell you this. If you end up with an administration that 
you don't agree with, like some Republicans who didn't agree with what 
President Carter did with defense spending in the last part of his 
term, when we put in, along with some pretty discerning Democrats, an 
extra aircraft carrier, and if you want to straitjacket this body, 
where a President that you don't agree with, who you feel is cutting 
defense spending to the bone, and maybe beyond the bone, where, as a 
rule, if he or she doesn't agree or doesn't put that out as a defense 
budget, you consider it your duty to not add a single cent, then I 
think we are putting ourselves in a position where we are disserving 
the people that we represent, because our job is to put together a 
defense budget.
  Mr. FLAKE. If the gentleman will yield one more time.
  Mr. HUNTER. Absolutely.
  Mr. FLAKE. I would simply say that the gentleman mentioned that he 
believes in disclosure, and if a person puts an earmark in, he should 
be able to withstand the heat that might come from it. The problem with 
this process is there's no opportunity for that to happen. I offered 
four amendments. I was given one. In an appropriations bill of more 
than 2,000 earmarks, how many can you really do? How many can you 
challenge.
  That is why we have had so many problems over the last couple of 
years with bad earmarks, is there's simply no way to adequately vet 
them. There were 36,000 earmark requests before the appropriations 
committee last year, and no way to vet them.
  Mr. HUNTER. Taking my time back, I would just say to the gentleman, I 
put my initiatives, and I don't call them earmarks because I don't 
think they are illegitimate, I put them on the Internet. As I learned 
in my ill-fated national campaign, people aren't paying a lot of 
attention to my Internet site. But I had it there for millions of 
people to see. And I think that is the appropriate thing to do.
  I just want to assure the gentleman of something so that he rests 
easy, to some degree. The people of this committee are really 
hardworking people. I think we have got one member who's been to 
Afghanistan and Iraq something like 13 times. I haven't been there that 
much, but I have been there a lot. They spend a ton of time working for 
the uniformed people of the United States. They make lots of notes and 
they do lots of analysis.
  Let me tell you, the way you put together a defense budget is you 
have got somebody sitting in the Pentagon, and somebody comes over and 
sits next to him and says, You know, here's a system that the company I 
am working for would like to have in the defense budget. And they make 
a case for it.
  None of this stuff is derived through a stainless process. We are all 
people. The only thing that really makes this government go is 
accountability, and people should be held accountable for the things 
that they put in the bill. The vast number of folks that put things in 
the defense bill put out press releases with respect to what they put 
in. They don't hide that. People put in provisions that have a value to 
the military. If you go down the line and analyze them, I think that 
you would concur with that.
  So I want you to know this is a committee that really does its 
homework. It's got a great staff that works very hard, and we have done 
a lot of things that have saved soldiers, sailors, airmen, marines on 
the battlefield, who

[[Page H4794]]

would not have been saved if we just rubber-stamped the President's 
budget. I guess that is my point.
  I thank the gentleman.
  I withdraw my reservation.
  The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.


           Amendment No. 52 Offered by Mr. Bishop of Georgia

  The Acting CHAIRMAN. It is now in order to consider amendment No. 52 
printed in House Report 110-666.
  Mr. BISHOP of Georgia. Madam Chairman, I have an amendment that I 
would like considered.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 52 offered by Mr. Bishop of Georgia:
       At the end of title VII, add the following new section:

     SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES WHO AGREE TO SERVE IN THE SELECTED 
                   RESERVE OF THE READY RESERVE.

       (a) Provision of Transitional Health Care.--Section 
     1145(a)(2) of title 10, United States Code, is amended by 
     adding at the end the following new subparagraph:
       ``(E) A member who is separated from active duty who agrees 
     to become a member of the Selected Reserve of the Ready 
     Reserve of a reserve component.''.
       (b) Effective Date.--Subparagraph (E) of section 1145(a)(2) 
     of title 10, United States Code, as added by subsection (a), 
     shall apply with respect to members of the Armed Forces 
     separated from active duty after the date of the enactment of 
     this Act.
       (c) Offset.--The amount in section 201(4) for research, 
     development, test, and evaluation, Defense-wide, is hereby 
     reduced by $22,000,000, to be derived from the Missile 
     Defense Agency.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Georgia (Mr. Bishop) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. BISHOP of Georgia. I rise today to introduce an amendment to the 
Defense Authorization Act which, if enacted, will provide 180 days of 
transitional health care for servicemembers who leave active duty and 
choose to join the National Guard or the Ready Reserves. The text of 
this amendment is H.R. 5609, which is a bipartisan measure with 51 
cosponsors.
  Many of our citizens, Madam Chairman, joined the Armed Forces out of 
a sense of duty and desire to serve our Nation. They joined with the 
clear understanding that we must have volunteers who are willing to 
serve to defend our country's freedoms and our way of life.
  Our transitional health care amendment will offer the departing 
soldier, sailor, marine, or airman and their family a bridge of comfort 
for 180 days after they leave active duty if they join either the 
National Guard or one of the Ready Reserves.
  This amendment will provide former servicemembers with additional 
time to find a job, to enroll in college, or relocate to another city, 
with the peace of mind that if a health problem arises, they will not 
be left without a place to turn or unmanageable medical bills. At a 
time when we ask so much of our all-volunteer force, this small measure 
is a benefit which our servicemembers really have earned.
  Our veterans are not looking for a handout, they are really looking, 
as this amendment will provide, for a lift up. It will keep our best-
trained soldiers and proven leaders in the Guard and Reserves and 
enable our military to continue the fight against a determined and 
unpredictable enemy.
  Since September 11, 2001, we have had over 600,000 members of the 
Guard and the Reserves called to active duty. Without the Guard and 
Ready Reserves, our ability to defend against enemies both foreign and 
domestic would be greatly reduced. With the potential to retain 13,000 
additional trained soldiers, sailors, marines or airmen for these 
forces, I believe that this amendment will save our Guard and our Ready 
Reserves significant cost in retraining new recruits.
  This legislation is supported by the National Guard, the Army and the 
Air, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the 
Air Force Reserve, the Coast Guard Reserve. In addition, it's supported 
by the Guard and Reserve professional organizations, as well as the 
leading veterans organizations, including the National Guard 
Association, the Association of the United States Army, the Reserve 
Officers Association, Military Officers Association of America, the 
National Association for Uniformed Services, the VFW, and the American 
Legion.

                              {time}  1845

  So I would urge my colleagues to join me in supporting this 
amendment, which demonstrates that we are serious about helping our 
servicemembers while keeping a trained and ready reserve force.
  Madam Chairman, I yield back the balance of my time.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from California is recognized for 
5 minutes.
  Mr. HUNTER. Madam Chairman, I would just say to my colleague, I have 
great respect for him and I agree with the purpose of this amendment. I 
disagree to some degree with the offset, which is from missile defense. 
You may have heard a number of us here making the case for the 
importance of missile defense.
  So I would hope as we move along to conference, we can find another 
offset for this. I do support very strongly your purpose. What I would 
like to do is find another offset for this.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Bishop).
  The amendment was agreed to.


        Amendment No. 25 Offered by Mr. Price of North Carolina

  The Acting CHAIRMAN. It is now in order to consider amendment No. 25 
printed in House Report 110-666.
  Mr. PRICE of North Carolina. Madam Chairman, I have an amendment at 
the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 25 offered by Mr. Price of North Carolina:
       Add at the end of title X, the following:

     SEC. 10__. PROHIBITION ON INTERROGATION OF DETAINEES BY 
                   CONTRACTOR PERSONNEL.

       Effective as of the date that is one year after the date of 
     the enactment of this Act, the Department of Defense manpower 
     mix criteria and the Department of Defense Supplement to the 
     Federal Acquisition Regulation shall be revised to provide 
     that--
       (1) the interrogation of enemy prisoners of war, civilian 
     internees, retained persons, other detainees, terrorists, and 
     criminals when captured, transferred, confined, or detained 
     during or in the aftermath of hostilities is an inherently 
     governmental function and cannot be transferred to private 
     sector contractors who are beyond the reach of controls 
     otherwise applicable to government personnel; and
       (2) properly trained and cleared contractors may be used as 
     linguists, interpreters, report writers, and information 
     technology technicians if their work is properly reviewed by 
     appropriate government officials.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from North Carolina (Mr. Price) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. PRICE of North Carolina. I thank the chairwoman, and I am pleased 
to present a narrowly targeted amendment that would simply prohibit the 
defense community from using private contractors to conduct 
interrogations.
  The interrogation of detainees is clearly an inherently governmental 
function. It is work that is by nature extremely sensitive and critical 
to our national security. We should all be able to agree that 
interrogation should be carried out by individuals who are well-
trained, who fall within a clear chain of command, and who have a sworn 
loyalty to the United States, not by corporate, for-profit contractors.
  Some of my colleagues may question why we need to pass a law to 
address something that ought to be a matter of common sense, but this 
amendment is absolutely necessary. The defense intelligence community 
has often utilized contractors for performing interrogations, and 
continues to do so.
  For example, L-3 and its subsidiary, Titan, one of the largest 
contracting groups working in Iraq, has contracts with the U.S. Army in 
Iraq under which it performs interrogations. A recent report on the L-3 
Titan contract

[[Page H4795]]

gets to the heart of the pitfalls of using contractors for 
interrogations. It concludes, ``There are significant problems with 
these contracts, notably with the hiring and vetting practices of both 
interrogators and translators, many of whom are unqualified or poorly 
qualified for the work. This failure has the potential to seriously 
compromise national security.''
  Another example comes from the Department of Justice's Inspector 
General, who recently issued a report on the FBI's role in 
interrogations. He noted instances of contractors ordering abusive 
practices against detainees at Guantanamo Bay.
  My amendment would put an end to these practices. It is not intended 
to punish contractors, who are often simply responding to available 
business opportunities. Rather, it is intended to clarify that the 
practice of interrogation is an inherently governmental function and 
that our national security depends on preserving the integrity of this 
boundary.
  Let me also note that the amendment withholds judgment on a number of 
ancillary functions, such as interpretation or IT technicians and 
report writers, allowing an exemption for contractors to fill these 
roles. It only prohibits contractors from directly performing 
interrogations.
  Madam Chairman, this is a carefully drafted amendment, and I urge its 
adoption.
  I reserve the balance of my time.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. HUNTER. Madam Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Thornberry), who has been a member of the committee and also 
the Intelligence Committee.
  Mr. THORNBERRY. Madam Chairman, this amendment prohibits under all 
circumstances a contractor from interrogating a detainee.
  Now, it is often the case that the most qualified and the most 
experienced person to conduct an interrogation is a contract employee. 
As the gentleman from North Carolina mentioned, there is an exception 
for interpreters. But an interrogator who also speaks the language and 
even the dialect can be a much more effective interrogator if he can 
combine those skills. Yet that capability cannot be combined under this 
amendment unless that person happens to work for the government.
  There are situations where technical knowledge is essential to 
conduct an interrogation, and often that technical knowledge does not 
exist with government employees. So there is no choice under this 
amendment. That interrogation simply cannot be conducted in the most 
effective way.
  Madam Chairman, there are folks who have conducted interrogations for 
years. They are experienced. They know what they are doing. But they 
have to retire from the military. That person can no longer be hired to 
do the job.
  There are folks who don't want to be government employees all year-
round, for whatever reason. They may want to just go work 3 or 6 
months. But they know what they are doing. They may work for the FBI. 
They may work for the police department the rest of the time. That 
person cannot be an interrogator.
  So the bottom line is this amendment ties our hands and prevents us 
from using the most effective, most qualified people to conduct 
interrogations. And when you do that, you are limiting the information 
that is necessary to keep this country safe.
  The gentleman talks about, well, we all want high quality folks, 
well-trained and so forth. Absolutely. And if there are issues the 
gentleman wants to specifically talk about related to hiring or 
supervision or qualifications, we ought to talk about that. But this 
amendment doesn't do that. It is a blanket prohibition, and in my view 
it ties our hands from having the best people available to protect the 
country. And that is always a mistake. I think it should be rejected.
  Mr. PRICE of North Carolina. Madam Chairman, the gentleman talks 
about the need to have qualified and experienced persons as 
interrogators. There are some qualified and experienced persons who may 
be in the private sector, who may be contractors. Yet that contractor 
is not under a clear chain of command; that contractor is not subject 
to the same accountability as governmental employees; and that 
contractor is not in the sworn service of the U.S. Government.
  If there ever was an inherently governmental function, it would be 
that of an interrogator. The case is very plain for those services not 
being contracted out.
  Madam Chairman, I am happy to yield 1 minute to our colleague, the 
gentleman from Virginia (Mr. Moran).
  Mr. MORAN of Virginia. I thank my colleague from North Carolina, and 
I particularly thank him for introducing this legislation.
  I appreciate the views of the gentleman from Texas, but this is a 
commonsense amendment and there have been abuses. And the people that 
have abused the law, who acted illegally, whether it be at Abu Ghraib 
or Guantanamo Bay or some of the black sites that the CIA have 
operated, some of them have been contract employees.
  Now, if we have people who are the best interrogators, we need to 
hire them. This is an inherently governmental function. I think you 
could ask any American, even contractors, if this is work that should 
be contracted out and they would say no. But in fact there are job 
openings posted for five major defense contractors for interrogators.
  I represent any number of defense contractors, but I can tell you, 
this is not a function that they should be performing. This Congress 
should support Mr. Price's amendment and recognize this as inherently 
governmental and stop this abuse.
  Mr. HUNTER. Madam Chairman, let me go over the adequate safeguards 
that are currently in place. The contract must specify the 
interrogation support. All support must be in accordance with 
applicable law and policy. They must be trained and certified, in-
theater training. They must be closely supervised and monitored. They 
will not oversee, direct or monitor interrogations. They operate only 
in fixed facilities. They must submit a written interrogation plan. 
And, lastly, they are subject to prosecution.
  Let me say to my friend from Virginia and the author of this 
amendment, because they are both friends and I know their hearts are in 
the right place, I have observed one interrogation, one of the first 
times I have seen an interrogation. It was an older lady reading a 
children's book to a detainee.
  I said, ``You gotta be kidding me.'' I expected all the classic stuff 
like we see in the movies. And our escort said, ``Are you kidding?'' 
They said, ``This lady is one of the most effective people we have, and 
she does extremely well.'' I believe she was a contractor. She sure as 
heck wasn't a uniformed service person.
  Now, my point is that there is a lot of psychology, that there is a 
lot of art to this, there is a lot of human relations. And if you have 
prohibitions against coercive behavior, and we have got rows of those 
in all of our manuals, if you have got somebody that you can contract 
with who can walk into a room and walk out maybe 2 days later, maybe 8 
days later, maybe 6 months later with information that will save the 
lives of your troops and advance the mission, who cares if that is an 
elderly lady who happens to be a civilian and may not want to join the 
Army?
  Mr. MORAN of Virginia. Will the gentleman yield for just a second?
  Mr. HUNTER. I yield to my friend.
  Mr. MORAN of Virginia. It seems if she is that good, we ought to make 
an attempt at hiring her and not contracting out, if she is that good. 
Make her an offer she can't refuse, if she is that good.
  Mr. HUNTER. I reserve the balance of my time.
  Mr. PRICE of North Carolina. Madam Chairman, how much time do I have 
remaining?
  The Acting CHAIRMAN. The gentleman has 1 minute remaining.
  Mr. PRICE of North Carolina. I yield to the chairman of the 
committee, our colleague, the gentleman from Missouri (Mr. Skelton).
  Mr. SKELTON. I think back lo those many years ago to a time when I 
was prosecuting attorney of Lafayette County and had the opportunity to 
witness our sheriff, deputy sheriff or Missouri Highway Patrol 
interrogating people who were suspects of various

[[Page H4796]]

different offenses, and I shudder to think what if we had contracted 
that out to someone who had not been fully trained on the one hand and 
who did not understand the law or the rules and regulations under which 
interrogations must be conducted.
  Fast forward to today and the interrogation of detainees. I think a 
governmental function that is as important as interrogating detainees 
should be a function of the government.
  The Acting CHAIRMAN. The gentleman's time has expired. The gentleman 
from California has 30 seconds remaining.
  Mr. HUNTER. Madam Chairman, I would just say to my colleagues that 
you do have to be certified, you do have to be trained, you have to be 
supervised, and you are subject to prosecution. So our special 
operators have laid down a pretty strict set of guidelines. And the 
last thing that I saw coming from the department was that this would 
severely hamper Special Operations' capability if it was passed.
  Now, that may be because many of the things Mr. Thornberry talked 
about with respect to language, with respect to availability. I think 
we should respect what the warfighters say about this and get more 
information before we take a vote like this.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from North 
Carolina (Mr. Price).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from North 
Carolina will be postponed.

                              {time}  1900


                  Amendment No. 32 Offered by Mr. Holt

  The Acting CHAIRMAN. It is now in order to consider amendment No. 32 
printed in House Report 110-666.
  Mr. HOLT. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 32 offered by Mr. Holt:
       Add at the end of title X, the following:

     SEC. 10__. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE 
                   ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE 
                   INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 
                   UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--In accordance with the Army Field Manual 
     on Human Intelligence Collector Operations (FM 2-22.3, 
     September 2006), or any successor thereto, and the guidelines 
     developed pursuant to subsection (e), the Secretary of 
     Defense shall take such actions as are necessary to ensure 
     the videotaping or otherwise electronically recording of each 
     strategic intelligence interrogation of any person who is in 
     the custody or under the effective control of the Department 
     of Defense or under detention in a Department of Defense 
     facility.
       (b) Classification of Information.--To protect United 
     States national security, the safety of the individuals 
     conducting or assisting in the conduct of a strategic 
     intelligence interrogation, and the privacy of persons 
     described in subsection (a), the Secretary of Defense shall 
     provide for the appropriate classification of video tapes or 
     other electronic recordings made pursuant to subsection (a). 
     The use of such classified video tapes or other electronic 
     recordings in proceedings conducted under the Detainee 
     Treatment Act of 2005 (title 14 of Public Law 109-163 and 
     title 10 of Public Law 109-148), the Military Commissions Act 
     of 2006 (10 U.S.C. 948 et seq.; Public Law 109-366), or any 
     other provision of law shall be governed by applicable rules, 
     regulations, and law.
       (c) Strategic Intelligence Interrogation Defined.--For 
     purposes of this section, the term ``strategic intelligence 
     interrogation'' means an interrogation of a person described 
     in subsection (a) conducted at a theater-level detention 
     facility.
       (d) Exclusion.--Nothing in this section shall be construed 
     as requiring--
       (1) any member of the Armed Forces engaged in direct combat 
     operations to videotape or otherwise electronically record a 
     person described in subsection (a); or
       (2) the videotaping or other electronic recording of 
     tactical questioning, as such term is defined in the Army 
     Field Manual on Human Intelligence Collector Operations (FM 
     2-22.3, September 2006), or any successor thereto.
       (e) Guidelines for Videotape and Other Electronic 
     Recordings.--
       (1) Development of guidelines.--The Secretary of Defense, 
     acting through the Judge Advocates General (as defined in 
     section 801(1) of title 10, United States Code, (Article 1 of 
     the Uniform Code of Military Justice)), shall develop and 
     adopt uniform guidelines designed to ensure that the 
     videotaping or other electronic recording required under 
     subsection (a), at a minimum--
       (A) promotes full compliance with the laws of the United 
     States;
       (B) is maintained for a length of time that serves the 
     interests of justice in cases for which trials are being or 
     may be conducted pursuant to the Detainee Treatment Act of 
     2005 (title 14 of Public Law 109-163 and title 10 of Public 
     Law 109-148), the Military Commissions Act of 2006 (10 U.S.C. 
     948 et seq.; Public Law 109-366), or any other provision of 
     law;
       (C) promotes the exploitation of intelligence; and
       (D) ensures the safety of all participants in the 
     interrogations.
       (2) Submittal to congress.--Not later than 30 days after 
     the date of the enactment of this section, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report containing 
     the guidelines developed under paragraph (1). Such report 
     shall be in an unclassified form but may include a classified 
     annex.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from New Jersey (Mr. Holt) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. HOLT. Madam Chairman, this is a straightforward amendment with a 
simple purpose: To ensure the video recording of each strategic 
intelligence interrogation of any person in the custody of the 
Department of Defense, except for personnel and troops in the field 
conducting battlefield interrogations. The video recordings would be 
kept at the appropriate level of classification and could be used to 
get maximum intelligence benefit of the interrogation, and the judge 
advocate general would develop guidelines for the recording and 
retaining of the recordings. I think it is important for our national 
security that we make this provision law.
  I yield 2 minutes to an Iraq war veteran, a former officer in the 
Judge Advocate General Corps who understands this very well, the need 
for it, and will speak, Mr. Patrick Murphy from Pennsylvania.
  Mr. PATRICK J. MURPHY of Pennsylvania. I thank the gentleman from New 
Jersey. I rise in support of the gentleman's amendment from the great 
State of New Jersey. I rise because this debate is personal to me.
  Madam Chairman, as a paratrooper in the 82nd Airborne Division, I saw 
American heroes at their finest, gaining vital intelligence the right 
way. We have all seen images of what happens when young soldiers are 
left without clear leadership at the top. Simply put, the treatment of 
detainees is a strategic imperative to every servicemember wearing the 
uniform and every American we took an oath to support and protect.
  In the first Gulf War, over 100,000 Iraqi soldiers surrendered to 
American forces because they knew that they would be treated humanely 
by the American forces. Thousands who did not hide behind street 
corners with RPGs or IEDs.
  The treatment of detainees is what set America apart as a global 
leader, and it is how we begin to restore the reputation squandered by 
President Bush and the tragedy of Abu Ghraib.
  Madam Chairman, there is nobody in this chamber who supports the 
vigorous interrogation of suspected terrorists more than me, but it 
must be done the way that reflects the greatness of America and in a 
way that protects our fighting men and women. Madam Chairman, this 
amendment helps do just that.
  One of my heroes, General Colin Powell, once said: The world is 
beginning to doubt the moral basis of our fight against terrorism.
  Will this amendment fix all our problems? Of course not. But it 
certainly is a start. I urge my colleagues to vote for the gentleman's 
amendment.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. HUNTER. I am going to yield to Mr. Thornberry, but first let me 
just say this. I respect the gentleman who just made the statement who 
has been in Iraq. But my son was in Iraq, also, and on two missions, 
two tours, and Afghanistan. And one important fact that I think comes 
out when you talk to folks who have been there is the exigency of the 
battlefield. That is the

[[Page H4797]]

need to do things quickly, to be creative, to be able to move quickly 
to save the lives of your comrades and to carry out your mission.
  Now, let's think about this. You have to videotape interrogations. 
What happens if you have got people coming in, moving in a pincer 
movement against a particular area, maybe some buildings, maybe you 
have got some machine gun fire, and you have been hitting IEDs, and you 
capture somebody and you have got people in movement. And you have to 
bring up then the video cameras to interrogate before you can have a 
successful interrogation. And what if you don't have video cameras? You 
are going to have people who are deterred from being able to do that 
because they are going to be worried that somehow they are going to be 
found in violation of the rules.
  Now, we have got a letter here from the Under Secretary of Defense 
who says that the Defense Department very strongly opposes this 
requirement to video record all intelligence interrogations. They say: 
This requirement runs contrary to sound Defense Department policy, 
which relies upon careful selection and empowerment of the chain of 
command to execute the mission. Currently, commanders video record 
interrogations only after determining that the environment is conducive 
and the recordings will add value to the mission.
  I might add that if you have interrogations, especially if you have 
got special operators who are out among the population and you lose one 
of the recordings, then you expose them to enormous risk.
  So the idea of making this not discretionary and mandating it I think 
doesn't make a lot of sense.
  Mr. PATRICK J. MURPHY of Pennsylvania. Would the gentleman yield?
  Mr. HUNTER. I would be happy to yield to the gentleman, and then I 
will yield to Mr. Thornberry.
  Mr. PATRICK J. MURPHY of Pennsylvania. Madam Chairman, I have great 
respect for the gentleman from California, and that he is also a 
paratrooper. But, Madam Chairman, I would suggest that those were my 
same concerns. In that letter we address those concerns that the Under 
Secretary said; that in forward operating bases in the environment, 
there is no mandate in this bill that would require them to videotape 
the interrogations. It is only at the strategic level in theater, only 
where they go.
  In my case in al Rasheed, Baghdad in 2002, 2004, Madam Chairman, we 
would interrogate them at a forward operating base, then we would bring 
them up to the Baghdad airport, then they would go to somewhere else. 
It would only be at that higher level, not at the forward operating 
base. And we put that language in this bill to address those exact 
concerns.
  So although I respect greatly the service and the commitment of the 
gentleman from California and his concerns, those concerns were 
addressed in this bill. And that is why I support our amendment.
  Mr. HUNTER. I thank the gentleman for his answer. But if you have a 
situation where you are doing intel interrogations close to the 
battlefield, which you are in many places, a matter of minutes or hours 
could make the difference between life and death. And if you don't have 
video equipment available, which you wouldn't have in many of those 
cases, you could still have what I would call a disastrous result.
  I yield such time as he might consume to the gentleman from Texas 
(Mr. Thornberry).
  The Acting CHAIRMAN. The gentleman from Texas is recognized for the 
remaining 1\1/2\ minutes.
  Mr. THORNBERRY. Madam Chairman, this idea has been proposed and 
rejected before, partly because it makes no sense to stop what is 
happening on the battlefield and go film. The author of this amendment 
says, no, it only applies to theater level detention facilities. The 
problem is that if somebody is really going to commit some sort of 
abuse, they will just conduct that abuse somewhere else. This amendment 
only applies in certain places.
  The problem is that video recordings of interrogations creates a 
discoverable record, and disclosure of that record complicates the 
criminal prosecution. That is why a lot of jurisdictions in this 
country, Federal and State, do not require these sorts of recordings.
  In addition, as the former chairman said, having interrogators on 
camera threatens them, because their face and their voice could well be 
made public and, therefore, the danger to their lives could increase.
  Secondly, these things could be made public, and the techniques and 
tactics that are used and the procedures would also be made available 
to the enemy in the future.
  The bottom line is that when you have got a camera there, these 
interrogations are most likely going to be less effective.
  So here, again, we have an example of putting our military folks in 
the category as suspects, because we assume they are going to do some 
sort of abuse and so we have got to film them because we don't trust 
them and limit the effectiveness of what they do. We tie their hands 
and therefore make it more difficult for them to do their job. I think 
that is a mistake.
  Mr. HOLT. May I ask the remaining time.
  The Acting CHAIRMAN. The gentleman from New Jersey controls 2 
minutes.
  Mr. HOLT. I yield 30 seconds to the gentlelady from Illinois (Ms. 
Schakowsky).
  Ms. SCHAKOWSKY. Look, law enforcement is using videotaping because it 
not only is a matter of protection for the person that is being 
interrogated, but for the interrogator, him or herself, as well. There 
are rules that guide interrogations. Having those tapes is a safeguard 
that we can have to make sure that the rules of interrogation set down 
by the Department of Defense will protect those people as well. If they 
need to be disguised in some way, I believe that the amendment would 
allow for that. This is to protect both the interrogator and the one 
who is being interrogated.
  Mr. HOLT. Madam Chairman, I thank the gentlelady.
  It is becoming standard for interrogations all over this country, I 
have a list here from the 50 States, for enforcement and prosecutorial 
interrogations where it is required. In fact, it is required in New 
Jersey, Alaska, Illinois, Maine, Minnesota. And it is required for a 
variety of reasons, not just for the protection of the detainees or the 
protection of the interrogators, but to get maximum benefit from the 
interrogation.
  Under this amendment, the judge advocate general would develop 
guidelines to ensure that the required video recording is sufficient to 
protect both the abuse of detainees and to protect the identity of the 
interrogators from unauthorized disclosure. This is standard practice.
  I yield to the chairman of the committee, who can speak not only from 
his position as Chair but from his experience as a prosecutor, the 
balance of my time.
  Mr. SKELTON. I thank the gentleman for yielding.
  Let's really look at what we are talking about. It is important to 
note that the amendment allows the Secretary of Defense to classify 
videotapes. Under the existing rules--by the way, there are three 
theater internment facilities in Iraq and one in Afghanistan. Under 
those rules, one can only be held 14 days. But any interrogation 
between the time of capture and the time a person is entered in the 
theater internment facility does not have to be videotaped.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from New 
Jersey (Mr. Holt).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.


                Amendment No. 31 Offered by Mr. McGovern

  The Acting CHAIRMAN. It is now in order to consider amendment No. 31 
printed in House Report 110-666.
  Mr. McGOVERN. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:


[[Page H4798]]


       Amendment No. 31 offered by Mr. McGovern:
       At the end of subtitle G of title X of the bill, add the 
     following new section:

     SEC. 10XX. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND 
                   INSTRUCTORS AT WESTERN HEMISPHERE INSTITUTE FOR 
                   SECURITY COOPERATION.

       Section 2166 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(j) Public Disclosure of Students and Instructors.--(1) 
     The Secretary of Defense shall release to the public, upon 
     request, the information described in paragraph (2) for each 
     of fiscal years 2005, 2006, 2007, and 2008, and any fiscal 
     year thereafter.
       ``(2) The information to be released under paragraph (1) 
     shall include the following with respect to the fiscal year 
     covered:
       ``(A) The entire name, including the first, middle, and 
     maternal and paternal surnames, with respect to each student 
     and instructor at the Institute.
       ``(B) The rank of each student and instructor.
       ``(C) The country of origin of each student and instructor.
       ``(D) The courses taken by each student.
       ``(E) The courses taught by each instructor.
       ``(F) Any years of attendance by each student in addition 
     to the fiscal year covered.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Massachusetts (Mr. McGovern) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. McGOVERN. I yield myself 2 minutes.
  Let me begin by thanking Chairman Skelton for his generosity and his 
support of this amendment. I also want to thank Defense Appropriations 
Chair Murtha for supporting this amendment.
  Madam Chairman, this amendment is quite simple. For over 40 years, 
the names of graduates and instructors at the former U.S. Army School 
of the Americas, and now the Western Hemisphere Institute for Security 
Cooperation, were available to the public. All that was required was a 
phone call or a letter to school officials or to file a Freedom of 
Information Act request, and the names were provided. Suddenly, in 
August 2006, the names were classified. The only reason cited by the 
Defense Department for denying the names was that the list includes 
personal information.
  But nothing about the request had changed. No one had asked for new 
information, and certainly none of a personal nature. So for the past 2 
years, the names of graduates and instructors at the WHINSEC have 
remained secret. Well, almost secret. Names constantly pop up in 
WHINSEC PR material like this with the nice color pictures and names 
underneath them, but the public is still denied access. There doesn't 
seem to be a security concern when it comes to press releases.
  It is difficult, Madam Chairman, to understand the national security 
or privacy concerns raised by some when this information has been 
available for so many years. The WHINSEC and Defense Department have 
never, ever cited personal security or national security as the reason 
for denying the names. In over four decades of public access, not once 
has there ever been a whisper that military officers attending WHINSEC 
were targets. And these were turbulent years, with coups in the 
southern cones, civil wars in Central America, and insurgencies, drug 
lords, and armed groups in the Andes, especially in Colombia and Peru. 
Not a hint that attending the school was dangerous.
  The WHINSEC is supposed to be a model for transparency, 
accountability, and respect for civil society, including human rights 
groups and critics. What signal does the school send to its Latin 
American counterparts about our democratic values when it denies NGOs 
access to information that has been available for decades? I urge my 
colleagues to vote to restore public access this information.
  I reserve the balance of my time.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 10 minutes.
  Mr. HUNTER. I want to yield very quickly to Dr. Gingrey. But first, 
we have that list, and any Member can go look at it but it is not made 
available to the public. And I think there is a safety issue here. I 
think there is a safety issue with respect to the families, the 
children, the wives of the folks that attend this particular 
institution.

                              {time}  1915

  And you know something else?
  We applaud our military people regularly. We acknowledge that they're 
some of the most honorable of citizens. We trust them with the lives of 
our children and in battles in Iraq and Afghanistan.
  And yet it seems like the amendments that come up show quite a bit of 
distrust. We don't trust our interrogators, so now we're going to 
videotape them as if they were stealing candy at a 7-Eleven because we 
don't trust them.
  And here we don't trust these great military folks that run WHINSEC 
who, I think, are going to have a salutary effect on the leaders that 
come from other countries that come to this school.
  Americans are the best. Our military people are often the very best 
ambassadors for this country. And the idea that we continue to try to 
close down the best ambassadors, so that the people who will offer 
schools to them are people like Hugo Chavez, I think that doesn't make 
a lot of sense.
  So as much as I respect my colleague who is offering this amendment, 
I would hope that my colleagues would vote against it.
  I would like to yield 3 minutes to the gentleman from Georgia, Dr. 
Gingrey.
  Mr. GINGREY. I appreciate the gentleman yielding.
  And I appreciate the gentleman's intentions with his amendment. But I 
do have some serious concerns, and I briefly want to outline them, 
Madam Chairman.
  The protection of the names of WHINSEC students and staff is both a 
privacy and security issue, with broader implications for our 
international security cooperation.
  Publicizing the names of WHINSEC students in their home countries, 
where in some cases there are active guerilla or narcotrafficking 
insurgencies could expose these students to threats to their personal 
safety and, indeed, to that of their families. This could include 
hostile attention from nations, organizations and individuals that may 
wish to do harm to the United States, its friends and its allies.
  Such publication, Madam Chairman, could serve as a disincentive to 
foreign students who would otherwise want to attend WHINSEC, and it 
could discourage nations from sending their students to the institute. 
This would undercut the effectiveness of WHINSEC as a tool for building 
hemispheric security cooperation and communicating the democratic 
values and the respect for human rights that we champion.
  A further concern I have is that cooperative training at WHINSEC does 
not just involve military personnel. We're also training police forces, 
of which more are from Colombia than any other nation. Many of these 
personnel are involved in counterdrug operations when they return to 
their country. It is incomprehensible that we would put their names out 
there, likely to be published on the Web sites of radical protest 
groups and put at risk not only their ability to participate in 
counternarcotic operations, but also their lives. Indeed, Madam 
Chairman, we would be putting a bull's-eye on their backs.
  Madam Chairman, the gentleman noted that these names have been 
available upon request prior to 2005. That is true.
  Well, Madam Chairman, the world has changed. You used to be able to 
drive freely around this Capitol prior to 9/11. You used to be able to 
get on an airplane without going through metal detectors. Obviously, 
you can't do that now. The security environment in the western 
hemisphere has also changed.
  In his testimony before the House Armed Services Committee, Admiral 
Stavridis, the Commander of SOUTHCOM, testified, and I quote, ``Some 
trends in a few countries in SOUTHCOM's area of responsibility impede 
security cooperation, as their governments espouse vocal, anti-U.S. 
messages, and they undertake policies that portend a less stable and 
secure hemisphere.''
  For most of the period of time when names were released, as Mr. 
McGovern was mentioning, Venezuela's foreign policy toward the United 
States was much different than it is now. We now also know that China 
is engaging militarily on a daily basis with the nations in our own 
backyard.

[[Page H4799]]

  Madam Chairman, those who seek to close WHINSEC will attempt to take 
advantage of this policy to create the appearance----
  The Acting CHAIRMAN. The gentleman's time has expired.
  Mr. HUNTER. I yield an additional 2 minutes to the gentleman.
  Mr. GINGREY. Madam Chairman, they will take advantage of this policy 
to create the appearance of impropriety at the institute, and Venezuela 
and China will be the beneficiaries. Those concerned about human rights 
will then have to deal with these potentially hostile nations setting 
the human rights standard in Latin America.
  As for transparency, Madam Chairman, you simply do not learn 
everything about any institution solely by looking at the names of 
those who have attended. If you followed that logic, one could contend 
that Harvard is an institution that trains brutal killers and human 
rights violators simply because the Unabomber once took a class there.
  On the other hand, WHINSEC is open to visitors every working day. It 
invites people to sit in class, talk with the students, the faculty, 
review instructional material. This is perhaps the most open, 
transparent and welcoming organization in the Department of Defense. 
And it has certainly been the subject of more oversight than any other 
element of the Department.
  Madam Chairman, unfortunately, I believe that the release of personal 
information has less to do with transparency and more to do with yet 
another effort to shut down WHINSEC.
  On May 7, 2008, the Department of Defense provided to the Congress 
the names, country of origin, rank, courses, dates of attendance of 
students and instructors at WHINSEC for the years 2005, 2006, 2007 in 
accordance with the report language in the fiscal year 2008 Defense 
Appropriations Act. This information was provided in a classified 
format. The Department of Defense deemed that sensitive personal 
information must be safeguarded to protect the privacy, security and 
dignity of individual students, instructors and families. The fiscal 
year 2008 information will be provided in a similar format no later 
than 60 days after the beginning of the next fiscal year, as directed.
  There's a working system to provide information regarding WHINSEC 
students, instructors and courses. This information my friend is asking 
for with his amendment----
  The Acting CHAIRMAN. The gentleman's time has again expired.
  Mr. HUNTER. I yield the gentleman an additional minute.
  Mr. GINGREY. This information that my friend is asking for in this 
amendment has therefore already been made available to Congress. He can 
walk over right now to the Rayburn Building and study the names to his 
heart's content.
  So I am led to wonder, Madam Chairman, what is the McGovern amendment 
trying to accomplish?
  I fear it will only give ammunition to radical groups who hope to 
ultimately shut down WHINSEC, which the Armed Services Committee and 
this Congress are opposed to doing.
  Mr. McGOVERN. Madam Chairman, let me again remind my colleagues that 
the names have always been public with regard to those who attended 
WHINSEC, and it never discouraged attendance. The only thing that's 
different is it's now classified and there's no transparency.
  I would like to yield 1 minute to the distinguished chairman of the 
Armed Services Committee, Mr. Skelton.
  Mr. SKELTON. Let me say at the outset that it's important that this 
school continue to succeed. It does yeoman's work, not just in 
educating, but in building fences between our country and those in 
Latin America. The military culture reigns, as it should, and 
friendships are formed through the years.
  And I think that transparency as to who goes, who graduates, and the 
fact that names and pictures are put in the advertising brochures lets 
everyone know that this is not such a secret thing.
  Openness is important. The Defense Department, up until 2005, 
released the names of instructors to the public under the Freedom of 
Information Act. I think, in order for this school to be fully 
transparent and successful, it should allow the names to be made 
public.
  Mr. HUNTER. Madam Chairman, I would like to yield at this time to 
another gentleman from Georgia (Mr. Westmoreland) 1\1/2\ minutes.
  Mr. WESTMORELAND. I want to thank Ranking Member Hunter. And I 
certainly agree with what he said about the military being some of our 
greatest ambassadors that we have for this country.
  I also want to agree with the distinguished chairman of the committee 
about the great work that WHINSEC does.
  I also want to emphasize what Congressman Gingrey said about, that 
this is no more than a back door attempt to shut down this school. It 
does great work. I have visited there. This school is open to the 
public 7 days a week. You can go in, you can sit in the classes, you 
can talk to the military personnel. It's as open as you could possibly 
get.
  The times in this country and times in this world have changed. And 
to put these men and women at risk in their own country and their 
families at risk is not fair.
  The DOD has released these names. They've publicized it. They're for 
anybody in this body that wants to go read them to try to find out who 
has been there. I don't know what more we can ask for.
  If we're going to have transparency in everything we do, why don't we 
release all the information about our families and where we're from and 
maybe even our intelligence community.
  Mr. McGOVERN. Madam Chairman, I would like to yield 2 minutes to the 
gentleman from Georgia, who represents the district where the WHINSEC 
is located, Mr. Bishop.
  Mr. BISHOP of Georgia. Madam Chairman, I'm pleased to cosponsor this 
amendment which would provide public access to the names of the 
graduates and instructors of WHINSEC, which is located at Fort Benning, 
where I'm privileged to represent.
  I have been in this House some 16 years, and every one of those 16 
years I have found myself in the position of defending this school. 
Throughout my years of representing Fort Benning, I've visited on many 
occasions this institute, and consistently I've supported the 
institute's efforts to provide civil and military training and 
leadership skills to our friends and our partners in Latin America. 
They do a tremendous job.
  It serves as a unique, creative and a powerful tool in preserving 
democracy and fighting the global war on terror, promoting human 
rights, and facilitating international cooperation in our hemisphere.
  But every fall we have hundreds of thousands of protesters who come 
to our city and cause millions of dollars to be spent in security 
because the protestors believe that some sinister activities take place 
at this school. Transparency is the only way to put the lie to that, 
and to show the wonderful work that takes place at that school.
  And so I agree with my colleague, Mr. McGovern. We've been on 
different sides of this issue for many years. But with regard to this, 
I believe it's appropriate that transparency be there, and that the 
personnel who attend or teach at the institute should be made public as 
a matter of transparency. I believe that allowing information will 
prevent attempts to discredit the institute, will fortify the public's 
belief in its mission.
  We must keep open the channels of information that show WHINSEC's 
true purpose, namely, that protecting human rights and building 
democratic governments requires a continued, concerted effort by 
friends, both at home and abroad.
  Please join me in supporting this to secure that the institutions 
that we entrust promote democratic principles.
  The Acting CHAIRMAN. The gentleman's time has expired.
  Mr. McGOVERN. I yield the gentleman an additional 30 seconds.
  Mr. BISHOP of Georgia. Please, I ask this House to join me in 
supporting this effort to ensure that the institution that we entrust 
to promote democratic principles remains open for review and 
discussion.
  I urge my colleagues to support this amendment and help us put the 
lie to

[[Page H4800]]

all of these protesters that come down and pretend, or that, through 
misinformation, believe that some sinister activities are taking place 
there. Please support this amendment. It's good for the school, and 
it's good for American democracy.

                              {time}  1930

  Mr. HUNTER. Madam Chairwoman, I would like to yield to Dr. Gingrey 
such time as we have left.
  The Acting CHAIRMAN. The gentleman from Georgia is recognized for 2 
minutes.
  Mr. GINGREY. Madam Chairman, you have heard some serious, serious 
concerns with this amendment. But whatever the outcome today, we must 
remember what is at stake when it comes to WHINSEC. If we were not to 
engage with the participating nations, Madam Chairman, we would be 
abandoning our most effective means of developing relationships with 
the security forces of these countries. The void created would be 
filled by countries with poor records on democracy and human rights, 
such as Venezuela and China.
  Madam Chairman, the friendships fostered at WHINSEC have enabled El 
Salvador, the Dominican Republic, and Honduras to provide well-trained 
forces to our endeavors in Iraq. Further, thanks to the counterdrugs 
civil military and medical assistance courses at WHINSEC, hemispheric 
military police and civilian organizations have also been capably 
providing counterdrugs and disaster-relief capabilities.
  Madam Chairman, the success of current and foreseeable future 
conflicts will be highly influenced by the degree of international 
cooperation of allied and friendly countries. This requires engagement 
and building partnerships and relationships. And I certainly look 
forward to working with Chairman Skelton, Admiral Sestak, Mr. Bishop, 
my colleague from Georgia, Mr. Westmoreland, to ensure that we continue 
utilizing WHINSEC for this purpose.
  Needless to say, Madam Chairman, since we already have a system in 
place where we're reviewing the names of students attending WHINSEC and 
because the institute is very transparent, I believe the amendment is 
unnecessary and could potentially do much more harm than good.
  As for the brochures that the gentleman presented, I can assure him, 
and I'm sure he knows, that those pictures are only published with the 
permission of those students. So I don't think that is in any way 
indicative of what we're talking about here.
  With that, Madam Chairman, I would urge my colleagues to defeat this 
amendment. It's a dangerous amendment.
  Mr. McGOVERN. Madam Chairman, I would like to yield 2 minutes to the 
gentleman from Pennsylvania, a cosponsor of this amendment, Mr. Sestak.
  Mr. SESTAK. Madam Chairman, I stood here a year ago and borrowed time 
from the other side to speak with my good colleague from Georgia 
against an amendment from my good colleague from Massachusetts that had 
defunded this school.
  This school is everything you say it is. It has come a long way since 
the days of the School of the Americas. And I told the story of how I 
pulled into, during my 30 years in the military, one country where 
young officers got underway with us. And as the officers left, one of 
them said to me, You treat your enlisted different than we do. And I 
said, What do you mean? He said, You treat them as though they're equal 
to you. And I said, Well, they say ``yes, sir,'' ``no, sir.'' He said, 
No. You treat them as though they're equal human beings. We don't.
  That's what's good about this School of the Americas. They're exposed 
to us, Americans.
  But I took two other things away that day. That young man was 
attracted to us. Even though they respected the power of our economy 
and our military, he admired the power of our ideals. That's what is 
good about being attracted to our ideals.
  I believe also in transparency because the second thing is I learned 
in this those 30 years that I did not work, even though I took orders 
from the Commander in Chief of this Nation, I worked for the public 
citizens of this country. They deserve to know how I was doing my job, 
whether it was leading men or women into harm's way or whether it was 
whom I was working with as long as it was safe for them.
  I do believe that 40-some years of having told who these individuals 
were to change it, it eludes me why now it is a danger. I support the 
ideal of transparency. It was attracted into my ship that day, and 
that's why I always support this School of the Americas now that I know 
it's WHINSEC because of the good it can do in teaching transparency to 
those elsewhere.
  Mr. McGOVERN. Madam Chairman, has my colleague used up all his time?
  The Acting CHAIRMAN. The gentleman from California's time has 
expired.
  Mr. McGOVERN. How much time do I have left?
  The Acting CHAIRMAN. The gentleman from Massachusetts controls 2\1/2\ 
minutes.
  Mr. McGOVERN. Madam Chairman, as my fellow cosponsors have said, we 
do not agree on the fate of WHINSEC. I would like to see it closed. 
They want it to stay open. But this is not a vote to shut it down. This 
is a vote to keep it transparent. And we have come together and we all 
agree that we need to restore public access to these names for reasons 
of accountability, transparency, and the democratic mission of our own 
military.
  Madam Chairman, look at these lists: all blacked out. Does this look 
like transparency? Is this what we mean by transparency? Is this 
democracy at work? Is this the model that we want Latin American 
militaries to copy? Is this what we stand for?
  The names were public for decades, decades, until August of 2006, and 
the world all of a sudden didn't just become dangerous, the world has 
been dangerous, especially in Latin America, for decades.
  Openness was the norm, not secrecy. Now, all of a sudden, everything 
is secret. Why? Because there is some who don't want accountability. 
There are some who don't want the sunshine in on those who attend this 
school.
  There are no new threats to justifying denying these names. When I 
visited the school a few months back, no one, nobody came forward and 
said to me, Please do not make the names public because it will 
threaten somebody. Or nobody said that the reason why all of a sudden 
the names became classified was because of an increase in threats. That 
is just not the case. That's just an excuse.
  The bottom line is that there are no new threats to justify denying 
these names to the public. We need to restore public access. This is 
the right thing to do. Transparency is a good thing for this Congress 
to support.
  Support the McGovern amendment.
  Ms. LEE. Madam Chairman, I rise in strong support of the McGovern-
Sestak-Bishop, GA, amendment.
  This important amendment will restore public access to the name, 
country of origin, and other information of graduates and instructors 
of the infamous Western Hemisphere Institute for Security Cooperation, 
WHINSEC, formerly known as the School of the Americas.
  In doing so, this amendment will provide a critical measure of 
transparency to the training provided by the United States at this 
institution.
  We know that prior training provided by WHINSEC has led to increased 
instability in Latin America and numerous violations of human rights at 
the hands of former students--including torture, extortion, and 
executions.
  Rather than supporting peace and stability, this institution has 
instead done quite the opposite.
  Many countries in the region are still struggling to recover from 
decades of dictatorship, corruption, and human rights abuses 
perpetrated by WHINSEC graduates.
  At a time when our occupation of Iraq has greatly damaged our 
credibility and standing in the world, it is imperative that we reverse 
the legacy of this school that is drenched in secrecy, terror, and 
violence.
  I urge my colleagues to improve our reputation as a promoter of 
democratic ideals, protect human rights, and support this amendment.
  Mr. McGOVERN. I return the balance of my time.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Massachusetts (Mr. McGovern).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. McGOVERN. Madam Chairman, I demand a recorded vote.

[[Page H4801]]

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.


               Amendment No. 55 Offered by Mr. Ellsworth

  The Acting CHAIRMAN. It is now in order to consider amendment No. 55 
printed in House Report 110-666.
  Mr. ELLSWORTH. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 55 offered by Mr. Ellsworth:
       In the appropriate place in title VIII, insert the 
     following:

     SEC. 8__. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE PROHIBITING 
                   CERTAIN USES OF FOREIGN SHELL COMPANIES.

       (a) Contract Clause Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, the Federal 
     Acquisition Regulation shall be revised to require each 
     contract awarded by the Department of Defense to contain a 
     clause prohibiting the contractor from performing the 
     contract using a subsidiary or subcontractor that is a 
     foreign shell company if the foreign shell company will 
     perform the work of the contract or subcontract using United 
     States citizens or permanent residents of the United States.
       (b) Foreign Shell Company.--In this section, the term 
     ``foreign shell company'' means an entity--
       (1) that is incorporated outside the United States or 
     Canada; and
       (2) that does not manage, direct, or exercise operational 
     control over personnel performing work under a contract of 
     the entity.
       (c) Applicability.--The contract clause required by this 
     section shall apply to contracts in amounts greater than the 
     simplified acquisition threshold (as defined in section 2302a 
     of title 10, United States Code) entered into after the 210-
     day period beginning on the date of the enactment of this 
     Act.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Indiana (Mr. Ellsworth) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. ELLSWORTH. Madam Chairman, I would like to take this opportunity 
to thank my colleague from Illinois (Mr. Emanuel) for helping cosponsor 
this amendment, which is really a shame that we have to file this 
amendment. It's a very commonsense, straightforward amendment that, as 
much as I hate to say it, that we found out about it in a newspaper 
article.
  It requires contracts awarded by the Department of Defense to 
prohibit contractors from using subsidiaries or subcontractors as a 
foreign shell company performing the work of the contract of a U.S. 
citizen. In this amendment, a foreign shell company is an entity 
incorporated outside the U.S. or Canada that does not manage, direct, 
or exercise operational control over personnel performing work under 
contract.
  Now, what that means in plain English is that companies that are 
receiving government contracts and working overseas, Iraq and 
Afghanistan, are opening post office boxes in the Grand Caymans. A box. 
No employees, no telephone, no apartments, not an office, not an 
employee. Yet they claim to be a company out of the Grand Caymans.
  What that does, Madam Chairman, is it cheats our government, it 
cheats our taxpayers at home, and it cheats the folks that work for 
these companies. This was originally found out by a person going in and 
filing for a disability claim, and they said, You're not an employee of 
the United States.
  Madam Chairman, this is wrong, and we need to close this loophole. 
This simple, straightforward amendment that simply closes this is what 
we want to do here. And I think it's a straightforward amendment.
  I would like to yield 1 minute to the gentlelady from Connecticut 
(Ms. DeLauro).
  Ms. DeLAURO. I thank the gentleman.
  Madam Chairman, I rise to support this amendment because no one 
should receive special privileges under our tax system.
  I want to recognize Representative Ellsworth and Congressman Emanuel 
for the hard work on this important issue.
  It is unacceptable for the Department of Defense to pay for this war 
by doing business with companies that siphon money from their own 
workers and from their own government. What does it say about our 
Nation and our priorities when American companies like Kellogg, Brown & 
Root, by far the largest contractor in Iraq, are allowed to take their 
Department of Defense dollars, filter them through an offshore shell 
company, all to avoid paying significant Social Security and Medicare 
taxes?
  Madam Chairman, we are depleting the Social Security and Medicare 
trust funds by hundreds of millions of dollars, and this amendment says 
that must end--prohibiting Defense Department contractors from using 
foreign shell companies to employ American workers. When tax dodgers 
avoid their responsibilities, the American taxpayers suffers. We cannot 
afford this. Support this amendment.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. HUNTER. I have a lot of respect for the author of this amendment, 
and I understand what you're trying to do. You're trying to keep a 
corporation from basically employing through a subsidiary American 
citizens who are not contributing to the tax withholdings.
  Is that right?
  Mr. ELLSWORTH. Yes. The gentleman from California is correct. That's 
the sole intent of this amendment.
  Mr. HUNTER. I understand that.
  The way it's drafted, it appears to me that it's a flat prohibition, 
and any organization with even one U.S. citizen might be precluded from 
using this business form, which I think is a far more anticompetitive 
approach than the gentleman might want.
  My feeling is this, that if we approve this amendment, I would hope 
that the gentleman would work in conference to make sure that it's 
narrowed to this focus on making sure that these companies pay taxes 
and that it doesn't have some kind of exclusionary or unintended 
consequence.
  Will the gentleman work with us in conference?
  Mr. ELLSWORTH. That's agreed to, absolutely.
  Mr. HUNTER. In that case, Madam Chairman, we do not object to this 
amendment.
  Madam Chairman, I yield back.
  Mr. ELLSWORTH. People might be wondering if this is a serious 
problem. We have had estimates from the Congressional Budget Office 
that if this tax loophole were closed, CBO estimates the Federal 
Government will save $846 million over 10 years. I would say that's a 
pretty big problem. I think the folks in Indiana would say that's a big 
problem, too.
  During a time of tightened budgets and escalating national debt, 
closing this loophole makes sense. The tax provision was included in 
the Heroes Earnings Assistance and Relief Tax Act which passed the 
House just this week.
  I would urge my colleagues, and like I said, I would like to thank 
the gentleman from California. I would be honored to work with him to 
straighten out his concerns, and I would ask all of my colleagues to 
support this bill.
  The Acting CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Indiana (Mr. Ellsworth).
  The amendment was agreed to.


                 Amendment No. 56 Offered by Mr. Hodes

  The Acting CHAIRMAN. It is now in order to consider amendment No. 56 
printed in House Report 110-666.
  Mr. HODES. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 56 offered by Mr. Hodes:
       At the end of title X, add the following new section:

     SEC. 1071. PROHIBITIONS RELATING TO PROPAGANDA.

       (a) Prohibition.--No part of any funds authorized to be 
     appropriated in this or any other Act shall be used by the 
     Department of Defense for propaganda purposes within the 
     United States not otherwise specifically authorized by law.
       (b) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense and the Comptroller General of the 
     United States shall each conduct a study of, and submit to 
     the Congress a report on, the extent to which the Department 
     of Defense

[[Page H4802]]

     has violated the prohibition on propaganda established in 
     section 8001 of Public Laws 107-117, 107-248, 108-87, 108-
     287, 109-148, 109-289, and 110-116, the Department of Defense 
     Appropriations Acts for fiscal years 2002 through 2008.
       (c) Definition.--For purposes of this section, the term 
     ``propaganda'' means any form of communication in support of 
     national objectives designed to influence the opinions, 
     emotions, attitudes, or behavior of the people of the United 
     States in order to benefit the sponsor, either directly or 
     indirectly.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from New Hampshire (Mr. Hodes) and a Member opposed each will control 
10 minutes.
  The Chair recognizes the gentleman from New Hampshire.
  Mr. HODES. Madam Chairman, first I want to thank the distinguished 
Chair of the committee, Mr. Skelton, as well as my cosponsors on this 
amendment, Congresswoman DeLauro and Congressman DeFazio.
  Madam Chairman, my amendment to H.R. 5658 addresses an issue of 
utmost importance to our Constitution and to the integrity of our 
government.

                              {time}  1945

  And it will help restore the trust of the American people in their 
government.
  In a free and democratic society, our government should never use the 
public airwaves to propagandize our citizens.
  Recent media reports have alleged an organized effort by former 
Secretary of Defense Donald Rumsfeld and Department of Defense 
officials to manipulate network news military analysts to promote 
administration spin on the war in Iraq, even though many of those 
analysts knew the information not to be accurate.
  Internal Pentagon documents obtained by the New York Times refer to 
these military analysts as message force multipliers, surrogates who 
can be counted on to deliver administration themes and messages to 
millions of Americans in the form of their own opinions.
  In fact, one analyst apparently referred to the efforts by the 
Pentagon as brainwashing. A report conducted by media watchdog Media 
Matters showed that from January 2002 these military analysts, many of 
whom have ties to the defense industry, appeared on network and cable 
news stations nearly 4,500 times. That's right, 4,500 instances. 
Imagine the millions of people who heard those impressions 4,500 times.
  The American people were spun by Bush administration message 
multipliers. They were fed administration talking points believing they 
were getting independent military analysis.
  Days after the news story appeared, the Pentagon suspended the 
program. The news outlets who hosted the programs and analysts have 
been remarkably silent. The Department of Defense Inspector General has 
already begun an internal review of the program, but given the 
possibility that the public, as well as decision-makers in this 
Congress, were misled about the war in Iraq, both in the run-up to the 
war and afterwards, I believe it is absolutely critical that a public 
investigation happen that is transparent to this body, as well as to 
the American people.
  Congress cannot allow an administration to manipulate the public with 
false propaganda on matters of war and our national security.
  My amendment will ensure that no money authorized in this act will be 
used for any domestic propaganda program within the United States aimed 
at U.S. citizens. It will require a report to Congress by both the 
Defense Inspector General and the Government Accountability Office on 
whether previous restrictions on propaganda have been violated and laws 
broken.
  It's finally time for the American people to know the truth. If we 
allow our government to lie to the American people, we lose the 
democracy and liberty on which our country was founded, and we risk 
becoming what generations of brave Americans have fought so hard to 
defeat.
  Let us today on this floor in this Congress say never again will we 
allow this to happen in our republic.
  I urge passage of this amendment, and today, we will say with one 
voice that the American people will not tolerate domestic propaganda. 
We will find the truth. We will correct any abuses of power.
  I reserve the balance of my time.
  Mr. HUNTER. Madam Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from California is recognized for 
10 minutes.
  Mr. HUNTER. Madam Chairman, I would like to recognize the gentleman 
from Georgia (Mr. Broun) for 5 minutes.
  Mr. BROUN of Georgia. What is propaganda? Of course, Americans engage 
in propaganda. It is a vital part of the mission of the United States 
to promote democracy and protect our country from harm. The United 
States spreads propaganda every day in spreading freedom and democracy 
across the world.
  The military uses propaganda to recruit soldiers. TV commercials, air 
shows and other military events all use what is considered to be 
propaganda to bring out the patriotic spirit of the American youth and 
people. Slogans such as ``Be all you can be in the Army'' and ``The 
Few, the Proud, the Marines'' are all propaganda directed at the 
American people, and there is no deception or malice in their intent.
  During war, propaganda can save American lives. It already has in 
Afghanistan and Iraq. Wouldn't we rather shoot our enemy or talk him 
out of fighting? For Americans fighting overseas, it could be described 
as persuading our enemies to lay down their arms rather than to fight 
us.
  It is better to defeat our enemies with words than with guns. 
However, we know that commanders have already been hesitant in many 
cases to use propaganda during this war because they don't want to be 
accused of propagandizing American contractors overseas. The 
misconception of what kinds of propaganda are allowed has already 
caused harm to our soldiers overseas.
  This amendment raises significant concerns about our ability to 
defeat terrorists overseas and protect American lives. This amendment 
would prohibit funding for propaganda, which is defined as ``any form 
of communication in support of national objectives designed to 
influence the opinions, emotions, attitudes, or behavior of the people 
of the United States.''
  This definition raises serious questions when you apply it in this 
sense:
  Could we produce the propaganda within the United States and use it 
overseas? Would this amendment restrict U.S. military operations, 
including propaganda aimed at our enemies that a U.S. contractor 
working overseas may see?
  Would this restrict certain types of military recruitment within the 
United States?
  What about propaganda that is aimed for overseas consumption, that 
because of the Internet, returns to the United States and influences 
U.S. citizens; would that violate the prohibition?
  Is there any way that this could interfere with the military 
releasing information to the media in the United States?
  Under this amendment, would providing facts and data on successes 
overseas to the American public be defined as propaganda?
  What if the information went to Members of Congress and they were to 
share it; is that a violation?
  Before we vote to tie the hands of our military, we should make 
absolutely sure that the Hodes-DeFazio-DeLauro amendment will not 
constrain recruitment or warfighting efforts by not allowing the types 
of propaganda that we need.
  I would hope that as this bill moves to the conference that we can 
work to ensure that the language is not so broad that the military 
cannot do its job.
  I recommend that people vote ``no'' on this amendment because I think 
it would be disastrous for our Nation because it is an overly broad 
amendment and would hamstring and shackle our military and our 
government.
  Mr. HODES. Madam Chairman, perhaps the gentleman, my colleague, does 
not understand that this amendment prohibits lying. ``Be all you can 
be'' is persuasion. A concerted program of government-directed lies is 
propaganda.
  The amendment would simply codify language outlawing propaganda 
within

[[Page H4803]]

the United States aimed at our citizens, and perhaps the gentleman is 
unaware that similar language has been included in congressional 
appropriations bills since the 1950s. And thus, this amendment does not 
represent any change in U.S. policy.
  Propaganda is narrowly defined as communications designed to 
influence the people of the United States, and it is limited to 
domestic programs within the United States aimed at U.S. citizens.
  With that, Madam Chairman, I yield to my distinguished cosponsor Mr. 
DeFazio for 2 minutes.
  Mr. DeFAZIO. The gentleman is extraordinarily confused. Domestic 
propaganda? Propaganda to convince the elected officials of the people 
of the United States or the voters of the United States that some 
misbegotten objective will be good for the country? That's what you're 
talking about.
  We're not talking about using intelligence or using our own auspices 
overseas, the Voice of America, whatever, to spread the voice of 
freedom and democracy around the world. But we are talking about 
deceiving the United States Congress and the voters of the United 
States of America in violation of the law, a law that was passed in 
reaction to the Soviet empire.
  You are advocating the position of the Soviet Union in the 1950s, 
propaganda to deceive your own people. That is unbelievable to me on 
this floor.
  Since the 1950s, since the height of the Soviet Union and the Cold 
War, we have prohibited propaganda directed at the people of the United 
States using taxpayer dollars by the Pentagon.
  What happened here was a violation of that law, and that anybody 
would stand here on this floor and say that that law, which we have had 
in place for more than 50 years, should be repealed or undermined by 
one narrow-mined administration or Vice President Cheney or anybody 
else who wants to manipulate intelligence, the Congress and the 
American people into a war that should not have been initiated is 
unbelievable at this point in time.
  An informed, free and fair press is critical to our system of 
government to have informed decision-makers here. Maybe you don't want 
to hear the truth, but I do, and to have informed voters who are voting 
based on the truth and choosing their elected representatives based on 
decisions that they fully understand and that they have been fully 
informed on and not propagandized.
  It's extraordinary to me in the 21st century anybody would advocate 
the use of propaganda against the voters and the people of the United 
States.
  Mr. HODES. Madam Chairman, how much time do we have remaining on this 
side?
  The Acting CHAIRMAN. The gentleman from New Hampshire controls 3\1/2\ 
minutes.
  Mr. HODES. I reserve the balance of my time.
  Mr. HUNTER. How much time do we have?
  The Acting CHAIRMAN. The gentleman from California controls 6 
remaining minutes.
  Mr. HUNTER. I would yield myself such time as I might consume.
  Madam Chairman and my colleagues, we have general officers, flag 
officers who go over to Iraq, Afghanistan just as they have gone to 
every war theater we've fought in. They talk to their colleagues. Their 
colleagues give them the facts as they see the facts. They come back. 
They repeat those facts, the ones that they concur in, and they draw 
conclusions.
  Now, they do that on dozens and dozens of talk shows and other media 
outlets throughout the United States. Some of them are for the 
operation and some of them are against the operation.
  The idea, and this sounds like something we might want to adopt for 
our campaigns because I've found myself falling prey to this now and 
again, thinking what my opponent said was propaganda, what I said was 
the absolute truth. But how about the General McCaffreys who come back, 
having talked to their friends in theater, and they come back and give 
their set of facts and they say, therefore, we don't think things are 
going well, as opposed to the general who goes over and talks to 
friends in the theater, some of them the very same people, and they 
come back and say our conclusion is that things are going well.
  The idea that we take this great resource, and I understand this is 
directed at general officers who go over to the theater, come back, 
appear in the American media, and give their take on where they think 
this war is going. I think that's a great asset for this country, and I 
say that, even though I've appeared many times opposite general 
officers and flag officers who have the opposite opinion from mine. But 
it's a great resource to have people that have that background and are 
able to look at the situation and come back and give their opinion 
freely.
  The idea that the people who agree with the operation over there are 
giving propaganda, but the generals who have come back and said that we 
think there is a problem with this operation, and there are quite a few 
of them, that somehow their point is right on and they are precisely 
accurate and they are serving the public, that's nonsense.
  You've got to let your general officers go over, make an evaluation, 
come back, give that evaluation, and we get to cross-examine them in 
committee, as we often do. We'll have people on both sides who have 
seen the same wars and the same operations and come to different 
conclusions.
  The idea that we are going to label the people we don't agree with 
propagandists and the ones that agree with us are philosophers and 
statesmen is kind of a zany idea.
  Let's let all of our general officers, let's look at them as a great 
resource, whether they agree with us or not. I've always said that, 
even about the folks that come back and have a totally opposite view 
from mine. I've always said this is a great resource to have retired 
military people with a long background, who go over, have these 
insights, make an evaluation and come back and give us that evaluation.
  Believe me, ladies and gentlemen, we've had it on both sides on the 
Afghanistan and the Iraq operations. We've seen guys like General Zinni 
come back and give a viewpoint totally opposite the administration. Yet 
I listen to that gentleman. I greatly respect him. I think he's got a 
lot of wisdom. I disagree with him in some cases.
  But the idea that we call the people who disagree with us 
propagandists and the other ones great seers and statesmen and 
philosophers doesn't make any sense.

                              {time}  2000

  Let's let everybody come back and exercise the right to free speech, 
and let's not have any of these inhibiting amendments.
  Madam Chairman, I reserve the balance of my time.
  Mr. HODES. Madam Chairman, at this time, I yield 1 minute to the 
distinguished Chair of the committee, Mr. Skelton.
  Mr. SKELTON. Madam Chairman, I was sorely distressed when I learned 
of the fact that there were a good number of former military officers 
that were given special access, many of whom had conflicts of interest 
in various defense businesses, and they were considered military 
television analysts.
  You see, people in the military are trusted by Americans. People who 
are retired military are trusted by Americans. And what's interesting 
is that this special group had special access to information in the 
Pentagon and obviously used that in their analysis when talking of the 
Middle East on television. And what's really interesting is the fact 
that their special access was canceled.
  Mr. HODES. Madam Chairman, at this time, I yield 2 minutes to the 
distinguished cosponsor of this amendment, the gentlewoman from 
Connecticut.
  Ms. DeLAURO. This is domestic propaganda. It is a military-
industrial-media complex in which military analysts, many who have ties 
with the contractors making money off of the war and parroting DOD 
talking points on the air to mislead the American public, and the TV 
networks did nothing to prevent it.
  I will just tell my colleagues that if you voted for the DOD 
appropriations bill last year, if you did, you voted to prohibit this. 
You've done it since 2002. Donald Rumsfeld met with these guys 18 
times, told them what to say, and then, my friends, DOD hired a company 
to track their remarks on the TV networks.

[[Page H4804]]

  I am proud to offer this amendment with my colleagues. This has been 
a secret propaganda program within the Department of Defense to use 
military analysts to generate positive news coverage of the war in 
Iraq, conditions on Guantanamo, and other activities as part of the war 
on terror.
  New York Times: 75 retired military analysts briefed often by high-
level officials in a ``powerfully seductive environment'' only to be 
found later again parroting the administration's talking points on 
major television news programs, over the radio and through newspapers.
  Also, the Times reported internal DOD documents described the 
analysts as ``message force multipliers'' who could be counted on to 
deliver the administration's themes and messages to millions of 
Americans in the form of their own opinions.
  You know, when you put analysts on the air without fully disclosing 
their business interests or their relationship with high-level 
officials, you have betrayed the public trust. This should not have 
happened. Unfortunately, our leaders at the Department of Defense 
didn't understand it. Support this amendment.
  Mr. HODES. Madam Chairman, I reserve the balance of my time.
  May I inquire as to how much time is remaining.
  The Acting CHAIRMAN. The gentleman has 30 seconds remaining.
  Mr. HUNTER. Madam Chairman, how much time do we have remaining?
  The Acting CHAIRMAN. The gentleman from California controls 2\1/2\ 
minutes.
  Mr. HUNTER. Madam Chairman, let me say this: I have always greatly 
respected the ability of our guys, this great resource that we have of 
flag officers--and nonflag officers, incidentally, NCOs and company 
grade officers--to go over to a warfighting theater and come back and 
bring you the news, whether it's good or bad. In fact, I've hosted 
forums in the Armed Services Committee when I brought in dissenting 
officers who would come back and tell us what they thought was wrong 
with the war because you've got to listen to it. If you're going to 
shape good policy, you've got to hear both sides to these things.
  I would just say to my colleagues who say, well, these people were 
hosted; they came over and they were hosted. Listen, you have respected 
people like General Zinni and Barry McCaffrey and other respected 
leaders and generals, and they go over to a warfighting theater, you 
can bet that they are hosted by their colleagues that they grew up with 
in the military, fought alongside with, and that's absolutely 
appropriate. And you can bet that they were given transport and they 
got to look at the operations, they got to give their analysis. And you 
know something? That has value. I always want to see the guy that 
thinks that the operation isn't going well and listen to his remarks 
and his comments.
  So the idea that we're going to label the guys who we don't agree 
with as having been ``propagandized'' and we're going to label the guys 
we agree with as being seers and prophets and truth tellers, that just 
doesn't work.
  We've all been surprised. As you look at this array of general 
officers, often you'll say, I would have bet that that guy likes the 
operation. You talk to him and he says, ``no, I don't like it, I think 
we're there for the wrong reason, I don't think it's going to work.'' 
And the guy that you thought probably is not going to support it says, 
you know, I've seen this, this, this and this, and I agree with the 
operation.
  You want to listen to all of them. And the idea that we're going to 
crunch down on them and also the idea that somehow Don Rumsfeld got 
these people in a room and told them what to say, if you believe that, 
you don't believe in the independence of these general officers. None 
of them are used to having people tell them what to say. They're 
independent. They're a source of information to us. They're a valuable 
resource. And we ought to respect all of them. We ought to urge them 
all to go to theater, come back with their remarks and their comments.
  Mr. MORAN of Virginia. Would the gentleman yield?
  Mr. HUNTER. Absolutely. I would be happy to yield to my friend.
  Mr. MORAN of Virginia. I thank my friend. And I do regret that he's 
leaving because we appreciate your point of view.
  And I asked you to yield, Mr. Ranking Member, because in the article 
that was in the New York Times they talked about a point where news 
articles started revealing----
  The Acting CHAIRMAN. The time of the gentleman has expired.
  Mr. HUNTER. May I ask unanimous consent that he be given an 
additional 30 seconds.
  The Acting CHAIRMAN. Without objection, each side will control 
additional 30 seconds.
  There was no objection.
  Mr. MORAN of Virginia. I thank my friend and very distinguished 
gentleman from California.
  When articles came out that troops were dying because of inadequate 
body armor, a senior Pentagon official wrote to his colleagues, and 
that letter was made available to the Times, ``I think our analysts, 
properly armed, can push back in that arena.''
  Now, I suspect you are going to be asked to comment on military 
things, and we are going to listen very intently. But if the Pentagon 
asked you to say something that you knew not to necessarily be the 
truth, you wouldn't do it. The problem is, we have quotes from senior 
military officers saying they were concerned that their employer, their 
military contract employers would lose access if they didn't do what 
the Pentagon asked. That's what we're trying to get at.
  The Acting CHAIRMAN. The time of the gentleman from California has 
expired.
  Mr. HODES. Madam Chairman, I'm afraid that my distinguished 
colleagues on the other side are laboring under a misapprehension.
  This amendment is very simple. First, it codifies long-standing 
policy prohibiting propaganda, domestic propaganda. Second, it calls 
for an investigation into whether or not the Pentagon had a concerted 
program to mislead the American public and this Congress.
  This amendment deals with what strikes at the very heart of our 
democracy: We must trust our military. We must have the truth. We make 
decisions of life and death in this Chamber when we send people off to 
war. The American people deserve the truth. This amendment will deliver 
the truth to the American people.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Hampshire (Mr. Hodes).
  The amendment was agreed to.


                 Amendment No. 58 Offered by Mr. Foster

  The Acting CHAIRMAN. It is now in order to consider amendment No. 58 
printed in House Report 110-666.
  Mr. FOSTER. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 58 offered by Mr. Foster:
       At the end of title XXXI, insert the following:

     SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

       (a) NNSA Fellowship Program for Graduate Students in 
     Nuclear Chemistry.--
       (1) In general.--The Administrator for Nuclear Security 
     shall establish a fellowship program for graduate students 
     who are Ph.D. candidates in the field of nuclear chemistry.
       (2) Sense of congress.--It is the sense of Congress that 
     the fellowship program should--
       (A) support at least six graduate students per year; and
       (B) require each graduate student to spend at least two 
     summers in a national security laboratory over the course of 
     the program.
       (3) Funding.--Of the amounts appropriated pursuant to an 
     authorization of appropriations in this Act or otherwise made 
     available from amounts for weapons activities from the 
     National Nuclear Security Administration for national 
     technical nuclear forensics for fiscal year 2009, $3,000,000 
     shall be available to establish the fellowship program.
       (4) Plan.--No later than February 1, 2009, the 
     Administrator shall submit to the congressional defense 
     committees a plan describing the costs of continuing the 
     program for fiscal year 2010 and thereafter.
       (b) NNSA Research and Development Program on Nuclear 
     Forensics Radiation-Measurement Equipment.--
       (1) In general.--The Administrator for Nuclear Security 
     shall carry out a research and development program to improve 
     the speed and accuracy of nuclear forensics radiation-
     measurement equipment.
       (2) Funding.--Of the amounts appropriated pursuant to an 
     authorization of appropriations in this Act or otherwise made 
     available

[[Page H4805]]

     from amounts for weapons activities from the National Nuclear 
     Security Administration for national technical nuclear 
     forensics for fiscal year 2009, $2,000,000 shall be available 
     to carry out the research and development program.
       (3) Plan.--No later than February 1, 2009, the 
     Administrator shall submit to the congressional defense 
     committees a plan for the research and development program, 
     including a description of the costs of continuing the 
     program for fiscal year 2010 and thereafter.
       (c) Research and Development Plan for Nuclear Forensics and 
     Attribution.--
       (1) Research and development.--The Secretary of Energy 
     shall prepare a research and development plan to prioritize 
     research and development efforts in the Department of Energy, 
     and at the national laboratories overseen by offices of the 
     Department of Energy, on the technical capabilities 
     required--
       (A) to enable a robust and timely nuclear forensic response 
     to a nuclear explosion or to the interdiction of nuclear 
     material or a nuclear weapon anywhere in the world; and
       (B) to develop an international database containing data on 
     nuclear material, to enable the attribution of nuclear 
     material or a nuclear weapon to its source.
       (2) Reports.--
       (A) The Secretary of Energy shall submit to the 
     congressional defense committees--
       (i) not later than 6 months after the date of enactment of 
     this Act, a report on the contents of the research and 
     development plan described in paragraph (1), and any 
     legislative changes required to implement the plan; and
       (ii) not later than 18 months after the date of enactment 
     of this Act, a report on the implementation status of the 
     plan.
       (B) The Secretary shall submit each report required by this 
     subsection in unclassified form, but may include a classified 
     annex with such report.
       (d) Additional Information to Be Included in Report on 
     Nuclear Forensics Capabilities.--Section 3129(b) of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 585) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) any legislative, regulatory, or treaty actions 
     necessary to facilitate international cooperation in 
     enhancement of international nuclear-material databases and 
     the linking of those databases to enable prompt data 
     access.''.
       (e) Report on Nuclear Forensics Advisory Panel.--
       (1) Establishment.--The Secretary of Defense, in 
     consultation with the Secretary of Energy and the Secretary 
     of Homeland Security, shall submit a report describing a 
     joint recommendation for establishing an independent Nuclear 
     Forensics Advisory Panel of recognized experts not directly 
     associated with the Federal laboratories.
       (2) Role of independent panel.--The function of such an 
     independent panel should be to provide independent validation 
     of any Federal nuclear forensics analysis.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretaries referred to in 
     paragraph (1) shall submit a report on the structure and 
     membership of the panel required by that paragraph. The 
     report shall be submitted to--
       (A) the Committee on Appropriations, Committee on Armed 
     Services, and Committee on Homeland Security of the House of 
     Representatives; and
       (B) the Committee on Appropriations, Committee on Armed 
     Services, and Committee on Homeland Security and Government 
     Affairs of the Senate.
       (f) Presidential Report on Involvement of Senior-Level 
     Executive Branch Leadership in Certain Exercises That Include 
     Nuclear Forensics Analysis.--Not later than 90 days after the 
     date of the enactment of this Act, the President shall submit 
     a report on the involvement of senior-level executive branch 
     leadership in planned nuclear terrorism preparedness 
     exercises that have nuclear forensics analysis as a component 
     of the exercise. The report shall be submitted to--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security of the House 
     of Representatives; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security and 
     Government Affairs of the Senate.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Illinois (Mr. Foster) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. FOSTER. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, combatting the threat of nuclear terrorism on 
American soil is a critical security challenge. At a time when 
inadequately secured nuclear material can fall into the hands of the 
world's most extreme groups, we must find ways to strengthen our 
deterrent against acts of nuclear terrorism.
  Today, I rise to offer this amendment to improve our Nation's nuclear 
forensics capability to help deter and respond to terrorism. I am 
pleased to offer it with my colleague, Representative Schiff, whose 
leadership on nuclear security issues has been exemplary.
  When combined with law enforcement and intelligence data, nuclear 
forensics allows us to trace a nuclear device to its source through 
technical analysis of its nuclear material or residue following a 
nuclear detonation. As such, it represents one of the strongest 
deterrents that we have against rogue nuclear nations who might 
consider releasing nuclear materials to terrorist groups.
  This amendment has its roots in a report issued by the American 
Physical Society and the American Association for the Advancement of 
Science. The American scientific community found that our Nation's 
nuclear forensics capabilities are dangerously insufficient and 
endangered by impending retirements, and made specific recommendations 
for its improvement.
  This amendment expands the nuclear forensics workforce by supporting 
fellowships in nuclear chemistry, and calls for further research and 
development in the field. Perhaps most important, this amendment also 
sets up a joint Nuclear Forensic Advisory Panel of recognized experts 
to confirm the findings of forensic analysis.
  Given the intelligence failures in the run-up to the Iraq war, the 
results of any nuclear forensics analysis may well be met by 
international skepticism. This amendment enhances our Nation's 
credibility on one of the gravest security challenges that we face and 
represents a significant improvement in our nuclear and national 
security.
  I urge my colleagues to support it.
  Madam Chairman, I reserve the balance of my time.
  Mr. HUNTER. Madam Chairman, I rise in support of the amendment.
  The Acting CHAIRMAN (Mrs. Jones of Ohio). Without objection, the 
gentleman from California is recognized for 5 minutes.
  There was no objection.
  Mr. HUNTER. I want to say that we've looked at this on our side, we 
think it makes sense, and we concur with it. I want to congratulate the 
two gentlemen who are the cosponsors of this particular amendment. We 
support it.
  Madam Chairman, I yield back the balance of my time unless they want 
to use some of the time on their side.
  Mr. FOSTER. I would like to yield 1\1/2\ minutes to the gentleman 
from California, my cosponsor.
  Mr. SCHIFF. I want to congratulate my colleague, the gentleman from 
Illinois, for his leadership on this issue and thank him for including 
any amendments and language on the topic that I have prepared.
  Our amendment attacks the difficult problem of nuclear trafficking. 
Illicit nuclear material has been intercepted in transit many times 
since the end of the Cold War, and the material we catch is probably a 
small fraction of the total trafficked.
  Nuclear attribution would allow us to identify the provenance of 
nuclear material in transit, or, God forbid, in the aftermath of a 
detonation. That knowledge would help us decide how to respond, and it 
would also provide a deterrent. If nations around the world knew that 
they could be identified as the source of material used in a nuclear 
attack, even irresponsible nations would be disinclined to proliferate. 
By developing a robust attribution capability, we can usher in an era 
in which proliferation is not just discouraged, but deterred, because 
those responsible would be found and punished.
  This amendment supports nuclear attribution by strengthening our 
nuclear forensics capability. Nuclear forensics involves studying the 
mix of isotopes and other nuclear material that give it a particular 
signature. Physicists at the Department of Energy are world leaders in 
this field, but more research is needed to make our capability prompt, 
mobile and accurate. This amendment calls on the Secretary of Energy to 
develop a research and development plan for all the technologies 
involved so we can direct our funding appropriately.

[[Page H4806]]

  Nuclear terrorism is a threat of paramount danger and uncertain 
probability. It is not a threat we can measure in brigades, ships, or 
warheads, but it is no less pressing for that. I believe this amendment 
is an important effort to reduce the risk of a calamitous nuclear 
event.
  Mr. FOSTER. I would like to yield the remainder of my time to the 
gentlewoman from California (Mrs. Tauscher).
  The Acting CHAIRMAN. The gentlewoman from California is recognized 
for 1\1/2\ minutes.
  Mrs. TAUSCHER. Madam Chairman, I rise in support of the Foster 
amendment to H.R. 5658, the National Defense Authorization Act for 
Fiscal Year 2009.
  As chairman of the Strategic Forces Subcommittee, I am proud to say 
that my subcommittee's mark already included an increase of $5 million 
for the Department of Energy's National Technical Nuclear Forensics 
Program.
  And I worked with my colleague, Adam Smith, chairman of the Terrorism 
and Unconventional Threats Subcommittee in support of an additional $10 
million for nuclear forensics for the Defense Threat Reduction Agency.

                              {time}  2015

  So when Representative Foster approached us, we were happy to work 
with him.
  We welcome his amendment, which complements the base bill very nicely 
by requiring a plan for forensics research and development and 
requiring the Departments of Defense, Energy, and State to report on 
how best to create an independent panel of forensics experts.
  I urge my colleagues to support the amendment.
  Mr. FOSTER. Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Illinois (Mr. Foster).
  The amendment was agreed to.


                Amendment No. 51 Offered by Ms. Schwartz

  The Acting CHAIRMAN. It is now in order to consider amendment No. 51 
printed in House Report 110-666.
  Ms. SCHWARTZ. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 51 offered by Ms. Schwartz:
       Add at the end of title X the following new section:

     SEC. 1071. USE OF RUNWAY AT NASJRB WILLOW GROVE, 
                   PENNSYLVANIA.

       (a) Conditions on Conveyance, Grant, Lease, or License.--
     Any conveyance, grant, lease, or license from the United 
     States to the Commonwealth of Pennsylvania or other legal 
     entity that includes the airfield property located at NASJRB 
     Willow Grove and designated for operation as a Joint 
     Interagency Installation pursuant to section 3703 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (121 Stat. 145) shall 
     be subject to the restrictions on the use of the airfield set 
     forth in subsection (b).  
       (b) Restrictions on Use.--The airfield at the installation 
     shall not be used for any of the following purposes:
       (1) Commercial passenger operations.
       (2) Commercial cargo operations.
       (3) Commercial, business, or nongovernment aircraft 
     operations for purposes not related to the missions of the 
     installation, except that this paragraph shall not apply in 
     exigent circumstances or prohibit use of the airfield by or 
     on behalf of any associated user which is a tenant of the 
     installation.
       (4) As a reliever airport to relieve congestion at other 
     airports or to provide improved general aviation access to 
     the overall community, except that this paragraph shall not 
     apply in exigent circumstances.
       (c) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to diminish or alter authorized 
     uses of the installation, including the military enclave that 
     is part thereof, by the United States or its agencies or 
     instrumentalities or to limit use of the property in exigent 
     circumstances.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Airfield.--The term ``airfield'' means the airfield 
     referred to in subsection (a).
       (2) Associated users.--The term ``associated users'' means  
     nongovernmental organizations and private entities that use 
     the airfield for purposes related to the national defense, 
     homeland security, and emergency preparedness missions of the 
     installation.
       (3) Exigent circumstances.--The term ``exigent 
     circumstances''  means unusual conditions, including adverse 
     or unusual weather conditions, alerts, and actual or 
     threatened emergencies that are determined by the 
     installation to require limited-duration use of the 
     installation or its airfield for operations, including flying 
     operations, for uses otherwise restricted under subsection 
     (b).
       (4) Commercial cargo operations.--The term ``commercial 
     cargo operations'' means aircraft operations by a commercial 
     cargo or freight carrier in cases in which cargo is delivered 
     to or flown from the installation under established 
     schedules, except that the term does not include any cargo 
     operations undertaken by or on behalf of any user of the 
     installation or cargo operations related to the national 
     defense, homeland security, and emergency preparedness 
     missions of the installation.
       (5) Commercial passenger operations.--The term ``commercial 
     passenger operations'' means aircraft passenger operations by 
     commercial passenger carriers involving flights where 
     passengers are boarded or enplaned at the installation, 
     except that the term does not include passenger operations 
     undertaken by or on behalf of any user of the installation or 
     passenger operations related to the national defense, 
     homeland security, and emergency preparedness missions of the 
     installation.
       (6) Installation.--The term ``installation'' means the 
     Joint Interagency Installation referred to in subsection (a).

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the 
gentlewoman from Pennsylvania (Ms. Schwartz) and a Member opposed each 
will control 2\1/2\ minutes.
  The Chair recognizes the gentlewoman from Pennsylvania.
  Ms. SCHWARTZ. Madam Chairman, I yield myself 1 minute.
  (Ms. SCHWARTZ asked and was given permission to revise and extend her 
remarks.)
  Ms. SCHWARTZ. Madam Chairman, I rise today to offer an amendment to 
directly address the concerns of a community in my district that is 
impacted by BRAC 2005.
  The BRAC Commission's recommendations related to the Naval Air 
Station Joint Reserve Base Willow Grove call for a significant 
continued presence of the Pennsylvania Air National Guard and other 
military units and for maintenance of the airfield for their use.
  The Commonwealth of Pennsylvania is currently working with DOD to 
transform Willow Grove into a Joint Interagency Operation Installation 
dedicated to national defense, homeland security, and emergency 
preparedness. This effort is supported by Federal, State, and local 
leaders of both parties, including the Governor and both U.S. Senators.
  Despite the outpouring of local support for the base and a unified 
voice which we are supporting for continued military presence at the 
base, there remains a significant concern in the community that the 
base could be used for commercial passenger and cargo operations.
  My amendment, jointly with Patrick Murphy, my colleague from 
Pennsylvania, which was drafted in coordination with Pennsylvania's 
Department of Military and Veterans Affairs, would address this local 
concern and strengthen the future capabilities of the base by codifying 
what Governor Rendell and bipartisan elected officials at all levels of 
government have been saying all along: Willow Grove will not become a 
commercial cargo or passenger airport.
  Madam Chairman, I reserve the balance of my time.
  Mr. SESTAK. Madam Chairman, I rise to claim time in opposition to the 
amendment.
  The Acting CHAIRMAN. The gentleman from Pennsylvania is recognized 
for 2\1/2\ minutes.
  Mr. SESTAK. Madam Chairman, first I want to acknowledge my esteemed 
colleagues Congresswoman Schwartz and Patrick Murphy, and I very much 
respect what they're trying to do for the citizens of their districts.
  However, I have stood in this Chamber and watched Representatives 
Costello, Oberstar, Andrews, and many others try to bring about 
transparency to the Federal FAA and to resolve the chaos that is 
presently in our air traffic management systems.
  We have had an FAA that has covered over the safety violations at 
Northwest and Southwest Airlines, letting 117 planes fly with safety 
violations. NASA has said there are twice as many near midair 
collisions than that FAA is reporting, with an 11 percent increase on 
near runway collisions last year over the previous year. I bring that 
up because I have also watched in

[[Page H4807]]

my district, which is near both of my esteemed colleagues.
  And the FAA has now, after a period of time studying one option, has 
said that they will now no longer have aircraft take off from 
Philadelphia International Airport and stay over Delaware River, but 
they will now turn over my citizens, whom I care just as deeply about, 
at 500 feet.
  The statistical studies that have been provided to the FAA that they 
have ignored means that the children under those aircraft will lose 1 
year of education between pre-K and high school and they will be at the 
highest risk of the number one killer disease in America, 
cardiovascular disease. And when the FAA Administrator was asked what 
is the cost of this? she answered to Representative Andrews, ``We don't 
know.'' We don't know the financial cost nor do we know the social 
cost.
  That is why the Government Accounting Office is investigating this 
one option. The study is due out this summer. There are 12 cases of 
litigation from four States that are trying to stop this option.
  Therefore, I want to work and intend to work to stop this, but I am 
standing here today because I believe no option should be taken off the 
table until a comprehensive Federal, local, and regional air traffic 
management plan has been conducted, and then we should work together, 
joining together, so that no one will be advocating at Willow Grove any 
civilian airport nor should they be flying over my district.
  The Acting CHAIRMAN. The time of the gentleman has expired.
  Ms. SCHWARTZ. Madam Chairman, let me just say that this amendment in 
no way addresses the issue raised by Mr. Sestak regarding the FAA 
airspace redesign.
  Madam Chairman, I yield 1 minute to my partner in this effort, the 
gentleman from Pennsylvania (Mr. Patrick J. Murphy).
  Mr. PATRICK J. MURPHY of Pennsylvania. Madam Chairman, I rise in 
support of the gentlewoman from Pennsylvania's amendment.
  In the post-9/11 world, we must utilize all the tools at our disposal 
to keep our country safe and secure. That is why Congresswoman Schwartz 
and I, along with our Governor and the majority of the Pennsylvania 
delegation, are fighting to form a homeland security hub at Willow 
Grove. Strategically located near Philadelphia, New York City, and 
Washington, D.C., this air base must continue to serve as a strategic 
asset for our regional and national security.
  Madam Chairman, our amendment is simple: It prohibits the base from 
becoming a commercial, cargo, or passenger airport. Maintaining Willow 
Grove's strategic focus ensures that we continue to keep Pennsylvania 
families safe. This is a commonsense, bipartisan way to secure our 
region. It's a matter of national security.
  I thank the Pennsylvania delegation, and I urge my colleagues to vote 
in favor of this amendment.
  The Acting CHAIRMAN. The gentlewoman has 30 seconds remaining.
  Ms. SCHWARTZ. Madam Chairman, I will just repeat that this amendment 
is simple. It is consistent with the local and State efforts. We have 
been working with DOD, with Armed Services staff. I want to thank the 
leadership of the Armed Services Committee, Mr. Skelton.
  I want to also say that if a rollcall is demanded on this amendment, 
I ask that the House respect my desire to do what's right for my 
district and what is right for the homeland security and emergency 
preparedness for the Mid Atlantic region.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Pennsylvania (Ms. Schwartz).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Mr. Spratt

  The Acting CHAIRMAN. It is now in order to consider amendment No. 4 
printed in House Report 110-666.
  Mr. SPRATT. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Spratt:
       Strike section 1224 of the bill and insert the following:

     SEC. 1224. REQUIREMENT TO UPDATE NATIONAL INTELLIGENCE 
                   ESTIMATE ON IRAN'S NUCLEAR INTENTIONS AND 
                   CAPABILITIES.

       (a) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director of National Intelligence shall submit to Congress an 
     update of the National Intelligence Estimate, entitled 
     ``Iran: Nuclear Intentions and Capabilities'' and dated 
     November 2007. Such update may be submitted in classified 
     form.
       (b) Elements to Be Considered.--Each update submitted under 
     subsection (a) shall include the following:
       (1) The locations, types, and number of centrifuges and 
     other specialized equipment necessary for the enrichment of 
     nuclear material and any plans to develop and operate such 
     equipment in the future.
       (2) An estimate of the amount, if any, of enriched to 
     weapons-grade uranium materials acquired or produced to date 
     and plutonium acquired or produced and reprocessed into 
     weapons-grade material to date, an estimate of the amount of 
     plutonium that is likely to be produced and reprocessed into 
     weapons-grade material in the near- and midterms and the 
     amount of uranium that is likely to be enriched to weapons-
     grade levels in the near- and midterms, and the number of 
     nuclear weapons that could be produced with each category of 
     materials.
       (3) A description of the security and safeguards at any 
     nuclear site that could prevent, slow, verify or monitor the 
     enrichment of uranium or the reprocessing of plutonium into 
     weapons-grade materials.
       (4) A description of the weaponization activities, such as 
     the research, design, development, or testing of nuclear 
     weapons or weapons-related components.
       (5) A description of programs to construct, acquire, test, 
     or improve methods to deliver nuclear weapons, including an 
     assessment of the likely progress of such programs in the 
     near- and mid-terms.
       (6) A summary of assessments made by other allies of the 
     United States of Iran's nuclear weapons program and nuclear-
     capable delivery systems programs.
       (c) Notification.--The President shall notify Congress, in 
     writing, within 15 days of determining that--
       (1) the Islamic Republic of Iran has met or surpassed any 
     major milestone in its nuclear weapons program; or
       (2) Iran has undertaken to accelerate, decelerate, or cease 
     the development of any significant element within its nuclear 
     weapons program.

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from South Carolina (Mr. Spratt) and a Member opposed each will control 
10 minutes.
  The Chair recognizes the gentleman from South Carolina.
  Mr. SPRATT. Madam Chairman, I yield myself 4 minutes.
  Madam Chairman, I offer an amendment that would strike the provisions 
of section 1224 in the bill. It would replace those provisions with 
language requiring the Director of National Intelligence to submit to 
Congress regular updates of the National Intelligence Estimate with 
respect to Iran's nuclear capabilities, present and prospective.
  As offered in committee, section 1224 imposed a multiplicity of 
reporting requirements, including all sorts of data from the Department 
of Defense. Mr. Reyes offered a perfecting amendment culling out many 
of those requirements and calling for a new commitment to readiness 
throughout the world, particularly in the Middle East.
  Rather than proliferate reporting requirements, my amendment cuts to 
the heart of the matter, Iran's nuclear capabilities, and calls for 
regular, periodic reports. What it seeks is basic: a sober analysis of 
a gravely serious matter in a proven format, the National Intelligence 
Estimate. This report is gleaned from all 16 parts of our intelligence 
community, and the job of fusing that data, and drawing the right 
conclusions, is assigned to the National Intelligence Director, a 
position created by Congress by the unanimous recommendation of the 9/
11 Commission.
  We need an assessment, but we need an assessment that is rigorous and 
objective, pulling no punches, analyzing seriously all issues 
surrounding nuclear weapons and fissile materials in Iran. And, 
fortunately, we don't have to invent that vehicle. It exists already in 
the form of the National Intelligence Estimate, like the NIE of last 
November, 2007. It satisfies this requirement. And my amendment ensures 
that this requirement continues to fulfilled, not ad hoc, but at 
regular intervals, for the benefit of Congress.
  My amendment simply places responsibility where it already rests by 
law and uses a reporting process that is

[[Page H4808]]

well established. Why reinvent the wheel? The appropriate vehicle for 
an ongoing objective of analysis is an updated NIE, not an independent, 
redundant, parallel effort, overseen by DOD.
  There are many good reasons for having unity of command here, but one 
is simply this: By consolidating analysis in the NIE, we discourage the 
temptation to ``forum shop,'' look for agencies that will be favorably 
disposed.
  My amendment allows for many of the points of inquiry in the bill's 
existing language, including input from our allies. But it focuses the 
NIE on near- and mid-term implications rather than on speculative far-
term projections, and it does not rush to a military response as a 
presupposition.
  My amendment leaves in place the bill's current requirement to 
provide Congress 15 days' written notice when major developments in the 
nuclear weapons program are detected. But the bill shifts that burden 
from the Secretary of Defense to the President.
  This amendment, the amendment I offer, is truly, Madam Chairman, a 
perfecting amendment. It improves the language of the bill, and it 
helps section 1224 fulfill its stated purpose.
  Madam Chairman, I reserve the balance of my time.
  Mr. McHUGH. Madam Chairman, I rise to speak on the amendment.
  The Acting CHAIRMAN. The gentleman from New York is recognized for 10 
minutes.
  Mr. McHUGH. Madam Chairman, let me say at the outset I appreciate the 
gentleman's intent here, and I take at face value and both understand 
and in large measure agree with his intent to serve to clarify the base 
provision in which he is acting on this day.
  Having said that, I do have some concerns. I would disagree with the 
gentleman's assertion, as I understood it, and I have to apologize, 
Madam Chairman, because the acoustics were rather difficult and I'm not 
sure I heard everything the gentleman said, but I do believe he was 
saying that there was a predicate reality in the underlying language 
that assumed that military reaction was a given or at least a part of 
it.
  I want to make very clear for the record that on our side, Madam 
Chairman, we feel it is critically important, when speaking on this 
important issue to the Iranian people, and particularly the Iranian 
leadership, that they understand that in our mind this is an 
extraordinarily serious issue.
  When we were marking up this provision in the full committee, I made 
the comment that ambiguity, lack of clarity, on world and military 
affairs has cost us dearly in the past. One can make the argument that 
at least in significant measure, for example, the Korean War began on 
ambiguity, a lack of clarity as to what the United States would do if 
the Chinese and North Koreans were to take military action, as they 
ultimately did. Similarly, when Iraq, under Saddam Hussein, invaded 
Kuwait, I think you can make the case that Saddam Hussein 
misinterpreted the American position as to what the reaction of this 
Nation would be upon such an invasion.
  So we think that clarity should not be confused with militarism. 
Clarity should not be mistaken for belligerence; that clarity, 
particularly when we are talking in matters of warfare, is important.
  Having said that, Madam Chairman, I do believe that Chairman Spratt, 
the distinguished member of the Armed Services Committee, has an idea 
that bears consideration here.
  I do have a question. I would ask the gentleman from South Carolina, 
and this is not part of the prearranged script and I'm not trying to 
play ``gotcha,'' but I was curious if the gentleman would yield for a 
question that I would like to pose to him.

                              {time}  2030

  Mr. SPRATT. I appreciate the gentleman yielding, and I appreciate the 
tenor of his question. What we have tried to do is get this effort down 
to its essence. The two versions, iterations that we had in the 
committee were, I thought, prolific with different ideas and 
requirements.
  We have an existing system. It works well. We have reaffirmed it in 
the latest intelligence act we recently passed in creating the National 
Intelligence Director. Let's make him or her the supervisor of this 
process; and the vehicle, the NIE. That's the customary way of doing 
it, and should be the preferred way of doing it. That is why we put 
that emphasis in this bill.
  Mr. McHUGH. I appreciate the gentleman's response. If the gentleman 
would be so kind, if I may pose another question under my time to him. 
What I am concerned about less, the structure of the gentleman's 
amendment. I understand it. I think there are some concerns that I have 
with respect to definitional and clarity issues. But putting those 
aside, can the gentleman help me better understand why, under the 
defense bill, this amendment, and I am speaking now, if I may, as a 
member of the House Permanent Select Committee on Intelligence, does 
not subject this bill to sequential referral?
  Mr. SPRATT. Not subject it to what?
  Mr. McHUGH. Sequential referral. In order words, why this bill, with 
the inclusion of this amendment that clearly transfers into the 
intelligence title of our U.S. Code, would not require that HPSCI, the 
security committee, national intelligence committee of the House, would 
not have jurisdiction.
  Mr. SPRATT. That is the reason we are offering it on the House floor 
as opposed to offering in it the committee, where it may have resulted 
in a sequential referral. So far as I know, nobody has raised a point 
of order about the appropriateness of hearing it in this context.
  Mr. McHUGH. With all due respect, does your side have an opinion from 
the House Parliamentarian that the adoption of this language would not 
subject the bill either on the floor or in conference to sequential 
referral?
  Mr. SPRATT. I don't think it will encounter that problem in 
conference. The rule waived points of order. So we are clearly in a 
proper status right here. I think this bill advances the whole idea 
that we are working with, and as you know, it will go through another 
iteration before it comes out of conference, I am sure.
  Mr. McHUGH. I thank the gentleman for being responsive to my 
questions.
  With that, Madam Chair, I reserve the balance of my time.
  Mr. SPRATT. I yield 2 minutes to the distinguished chairman of the 
committee, Mr. Skelton.
  Mr. SKELTON. Gathering information, Madam Chairman, on Iraq's nuclear 
program is an important priority for our Congress. The November, 2007, 
National Intelligence Estimate provided the needed reappraisal of 
Iran's nuclear intentions and capabilities. This amendment is sure that 
that assessment process continues.
  Given the differing conclusions between the then-NIE and its 
predecessor and their analysis of the status of Iran's nuclear program, 
it's appropriate that we continue to receive reports. This amendment 
details specific information necessary for congressional oversight, 
which we have been stressing in our committee all year long. This 
amendment replaces and improves on the text of our committee, which was 
of course approved on a bipartisan basis in our committee markup last 
week. This amendment appropriately identifies the Director of National 
Intelligence as the official to provide that assessment.
  I think it's an excellent amendment. I thank the gentleman from South 
Carolina for clarifying the text and replacing it with this amendment.
  Mr. McHUGH. Can I inquire as to what the remaining time may be.
  The Acting CHAIRMAN. The gentleman from New York has 5 minutes; the 
gentleman from South Carolina has 6 minutes.
  Mr. McHUGH. I yield myself such time as I may consume.
  I had said earlier, Madam Chairman, that I do have some substantive 
concerns or at least semantic concerns about the language of the 
amendment. And I think it's important, if I may, to state at least at 
this moment one or two of those for the record.
  I am concerned about the vagueness of some of the language. For 
example, the underlying amendment, the language that this amendment 
seeks to change and to amend, requires the Congress to have a clear 
milestone. One is, quite simply, does Iran have sufficient material for 
a weapon.
  I think most people understand the language behind that. This 
language, however, says it requires the President to notify Congress 
within 15 days of Iran having, ``met or surpassed any major milestone 
in its nuclear weapons

[[Page H4809]]

program.'' I don't object to that goal, but I do become concerned about 
defining what those milestones are.
  Milestones in the process of development of nuclear weapons may be 
self-evident to the scientific community, but for purposes of law, I am 
not aware, and if I am wrong, then I need to be instructed today on 
this debate. I am not aware that they are defined in law.
  So I think we are leaving a problem there that perhaps as we move 
into the conference we can----
  Mr. HUNTER. Would the gentleman yield?
  Mr. McHUGH. I'd be happy to yield to the distinguished ranking 
member.
  Mr. HUNTER. If the gentleman will yield, and I'd hoped that Mr. 
Spratt would concur with this. It is important, I think, for the 
Members of this body, because the first thing we ask when we do 
intelligence briefings, we say, How far away is that Nation or those 
particular people from developing enough material or having enough of a 
program to build a weapon, a device, a nuclear weapon. So in 
commonsense language that is the question we ask.
  So the gentleman has put the word milestones, as the gentleman from 
New York said, in this particular report. I would hope that we could 
define that as we go into conference in terms of material necessary to 
build a device, and to receive some specifics on that so that we don't 
have a vague question that the community may have a problem in 
determining precisely what we mean.
  Mr. McHUGH. I thank the gentleman from California in his clarity, as 
always.
  I do have another point or two I'd like to make, Madam Chairman, that 
I think should be stated for the record as we go forward to conference.
  But for the moment, in terms of time balance, I will reserve the 
balance of my time.
  Mr. SPRATT. Madam Chairman, I yield 2 minutes to the gentleman from 
Hawaii (Mr. Abercrombie).
  Mr. ABERCROMBIE. I rise in support of the Spratt amendment. A 
reasoned and objective approach is needed for analyzing and assessing 
the serious issues surrounding the potential for nuclear weapons 
proliferation in Iran. The current bill language couples military 
readiness and contingency response planning with report elements that 
are inherently intelligence-related and dependent on the full spectrum 
of intelligence sources and methods.
  The amendment appropriately shifts the burden of assessment regarding 
Iran's nuclear weapons capacity and/or intentions from the Secretary of 
Defense to the Director of National Intelligence. Why reinvent the 
wheel? Precedent and institutional knowledge specific to the issue 
already exist. The appropriate vehicle for perpetuating objective 
analysis of the situation is an updated NIE, with further updates 
regularly to follow, not an independent and parallel effort on the part 
of the DOD.
  Renewing demand for products of the proven method of consolidating 
analysis through a centralized NIE process also discourages the 
temptation for some to ``forum shop,'' I assure you, among national 
security agencies for favorable or dissenting views, depending on the 
circumstance. We are all well aware of the Douglas Feith-led, Dick 
Cheney-originated cabal that was a major instigator of the war in Iraq.
  A disassociated DOD effort would undermine a widely considered and 
properly vetted approach to nuclear proliferation and other high 
priority national security issues.
  The amendment substantially reflects many of the points of inquiry 
from the report elements in the bill's existing language, but it 
centers the focus on an updated NIE analysis on the near and mid-term 
implications rather than on the speculative far-term projections, and 
does not rush to associate U.S. military response as a presupposition.
  On that basis, Madam Chairman, I think this amendment deserves our 
favorable attention, and I thank you for the time allotted to me.
  Mr. McHUGH. I would ask again, because I know we are getting down 
toward the end, what the remaining time balances are, please.
  The Acting CHAIRMAN. The gentleman from New York has 2 minutes. The 
gentleman from South Carolina has 4.
  Mr. McHUGH. I yield myself such time as I may consume.
  As I said, the concerns that I have, and I think it's fair to say our 
side have with respect to a major part of this amendment centers on 
semantics. Normally, that can be considered a minutia. But when you're 
dealing with questions of nuclear capability, when you're dealing with 
questions of sending a message from country A to country B, in this 
case, United States to Iran, I think semantics and definitional issues 
are very, very important.
  I appreciated the dialogue that the gentleman from South Carolina and 
the distinguished ranking member of the full committee had with respect 
to the question of milestones, but I also have a concern about the 
language with respect to the reporting requirement with the fact that 
should Iran speed up, slow down, or stop, and I will quote now, Madam 
Chairman, ``any significant element'' of these programs.
  I certainly don't disagree with the intent of that language. But, 
again, we are writing law, we are not writing narrative, we are not 
writing a novel. The fact that any significant element is not a 
definitional perspective concerns me.
  So, again, I would simply say for the record, as we go forward, while 
the intent of this amendment and the prospect of it is positive, there 
are some concerns on clarity, there are some concerns on definition. I 
think we need to continue to focus on in the conference and I would 
hope as we go forward, we can help clarify those kind of issues.
  I don't know if the gentleman on the other side has any more 
speakers. Assuming that he might, I would reserve the balance of my 
time.
  Mr. SPRATT. I yield 2 minutes to the gentleman from Oregon (Mr. 
DeFazio). Before he begins, could I inquire how much time remains on 
this side.
  The Acting CHAIRMAN. The gentleman will have 2 minutes after the 
gentleman from Oregon. The gentleman from New York has 15 seconds.
  Mr. DeFAZIO. I thank the gentleman for his leadership on this issue 
and for this amendment. I think this is very necessary. This is not a 
fine debate about semantics or definitions, it's an issue about the 
integrity of the intelligence process in the United States of America.
  It's well-known now that because of a focus that was created by Vice 
President Cheney in the lead-up to the Iraq war and the exclusion of 
the broader views of the intelligence community, that the intelligence 
that was provided to the Congress and other decision makers was not 
comprehensive and not accurate. So the question arises about the 
language in the bill.
  Instead of taking the newly formed and reformed national intelligence 
agencies and getting their opinion on the capabilities of Iran, it 
would single out one component of those agencies, the Department of 
Defense, to write a new opinion. I, for one Member, can speak for 
myself, am concerned that this is an attempt to redirect our 
intelligence and to get intelligence that is only coming from a small 
portion of the intelligence community, the same failing that led to the 
lead-up and the faulty intelligence for the Iraq war.
  We have reformed the intelligence process. We have confidence in our 
National Intelligence Director, and we should allow him to do his job 
and compile the advice from all the intelligence agencies of the United 
States Government, as was done last fall, which contradicted previous 
opinions on Iraq. We don't want to send any message or direction that 
we are unhappy with that. We want them to do their job, do it properly, 
properly inform us, and there is no reason why any sort of additional 
evaluation should be restricted only to the Department of Defense. That 
just doesn't make sense.
  So it's not an argument about semantics, it's about the fact we were 
failed in the run-up to the war by cherry picking and focusing of 
intelligence. We don't want to be failed again. We want the full 
opinion of the national intelligence agencies.

                              {time}  2045

  Mr. McHUGH. Madam Chairman, in the 15 seconds I have left, I think 
the gentleman makes some good points. Obviously a broader-based look at 
this

[[Page H4810]]

is more efficacious than a narrow-based look.
  I want to compliment the gentleman from South Carolina for trying to 
refine what I think is a very important provision. I would say as I 
noted, the comments that I made as to clarity have no intent to in any 
way besmirch the perspective, the professionalism that the gentleman 
always brings, and I look forward to producing a good amendment in this 
regard when we reach conference.
  I yield back the balance of my time.
  Mr. SPRATT. Let me say to the gentleman, I don't expect this to be 
the last iteration of this bill. It is the third already. If there are 
issues of clarity, issues of definition, we will revisit those issues 
and work them out in conference towards a common purpose here.
  I do think this bill advances the process. I think it is better than 
the previous two bills, and we are building towards a conclusion we can 
all accept. You can count on my cooperation to that end.
  So I thank you for your observations. We will be visiting this topic 
again.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from South Carolina (Mr. Spratt).
  The amendment was agreed to.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 110-666 on 
which further proceedings were postponed, in the following order:
  Amendment No. 25 by Mr. Price of North Carolina.
  Amendment No. 32 by Mr. Holt of New Jersey.
  Amendment No. 31 by Mr. McGovern of Massachusetts.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


        Amendment No. 25 Offered by Mr. Price of North Carolina

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from North 
Carolina (Mr. Price) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 240, 
noes 168, not voting 31, as follows:

                             [Roll No. 361]

                               AYES--240

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Cazayoux
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Duncan
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Flake
     Foster
     Frank (MA)
     Garrett (NJ)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Michaud
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                               NOES--168

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Chabot
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)

                             NOT VOTING--31

     Andrews
     Bordallo
     Cannon
     Carter
     Castor
     Crenshaw
     Doyle
     Ehlers
     Engel
     Fortuno
     Gillibrand
     Herger
     Hinojosa
     Hobson
     Marchant
     Meeks (NY)
     Miller, George
     Musgrave
     Nadler
     Paul
     Pomeroy
     Pryce (OH)
     Reynolds
     Rush
     Stark
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Weller
     Wexler
     Young (AK)

                              {time}  2108

  Mr. KING of Iowa changed his vote from ``aye'' to ``no.''
  Messrs. CLEAVER, TIERNEY, and SHAYS changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. POMEROY. Mr. Chairman, on May 22, 2008, I missed rollcall vote 
No. 361. Had I been present, I would have voted in the following 
manner: Rollcall No: 361--``aye.''


                  Amendment No. 32 Offered by Mr. Holt

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Holt) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 192, not voting 29, as follows:

[[Page H4811]]

                             [Roll No. 362]

                               AYES--218

     Abercrombie
     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castle
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Edwards
     Ellison
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Speier
     Spratt
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--192

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Bachmann
     Bachus
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Carney
     Cazayoux
     Chabot
     Chandler
     Childers
     Coble
     Cole (OK)
     Conaway
     Cramer
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ellsworth
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Hunter
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Murphy (CT)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Roskam
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tanner
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--29

     Andrews
     Bordallo
     Braley (IA)
     Cannon
     Carter
     Castor
     Crenshaw
     Doyle
     Ehlers
     Fortuno
     Gillibrand
     Hinojosa
     Hobson
     Marchant
     Meeks (NY)
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Reynolds
     Rush
     Smith (TX)
     Stark
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Weller
     Wexler
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there is 1 
minute remaining in this vote.

                              {time}  2115

  Ms. JACKSON-LEE of Texas changed her vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BRALEY of Iowa. Mr. Chairman, on rollcall No. 362, I was unaware 
of the two-minute vote and just missed recording my vote. Had I been 
present, I would have voted ``aye.''


                Amendment No. 31 Offered by Mr. McGovern

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. McGovern) on which further proceedings were 
postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 220, 
noes 189, not voting 30, as follows:

                             [Roll No. 363]

                               AYES--220

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carney
     Carson
     Cazayoux
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Flake
     Foster
     Frank (MA)
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--189

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Costa
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom

[[Page H4812]]


     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Snyder
     Souder
     Sullivan
     Tancredo
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--30

     Andrews
     Bordallo
     Cannon
     Carnahan
     Carter
     Castor
     Crenshaw
     Doyle
     Ehlers
     Fortuno
     Gillibrand
     Gutierrez
     Hinojosa
     Hobson
     Marchant
     Meeks (NY)
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Reynolds
     Rush
     Stark
     Stearns
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Weller
     Wexler
     Young (AK)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). One minute remains on this 
vote.

                              {time}  2120

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Ms. BORDALLO. I requested an official leave of absence beginning at 
6:30 p.m. today, Thursday, May 22, 2008, to enable me to return to my 
district, Guam, for official business. I was therefore absent from the 
chamber when rollcall votes 361 to 364 were taken. Had I been present 
for these votes taken in the Committee of the Whole House on the State 
of the Union on amendments to H.R. 5658, the National Defense 
Authorization Act for Fiscal Year 2009, I would have voted as follows: 
``aye'' on the amendment offered by Mr. Price of North Carolina 
(rollcall vote 361); ``aye'' on the amendment offered by Mr. Holt of 
New Jersey (rollcall vote 362); ``aye'' on the amendment offered by Mr. 
McGovern of Massachusetts (rollcall vote 363).
  The Acting CHAIRMAN. The question is on the committee amendment in 
the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pastor) having assumed the chair, Mrs. Jones of Ohio, Acting Chairman 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
5658) to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2009, and for other purposes, 
pursuant to House Resolution 1218, she reported the bill back to the 
House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. Conaway

  Mr. CONAWAY. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. CONAWAY. Yes, I am in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Conaway moves to recommit the bill H.R. 5658 to the 
     Committee on Armed Services with instructions to report the 
     same back to the House promptly in the form to which perfects 
     at the time of this motion, with the following amendments:
       At the end of title X, add the following new sections:

     SEC. 1071. SENSE OF CONGRESS AND REPEAL OF ALTERNATIVE FUEL 
                   PROCUREMENT REQUIREMENT FOR FEDERAL AGENCIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     prohibiting Federal agencies from entering into contracts for 
     procurement of alternative or synthetic fuel will make 
     Federal agencies like the Department of Defense more 
     dependent on oil from less secure, foreign sources of oil, 
     such as the Middle East, and will lead to higher gasoline 
     prices for Americans.
       (b) Repeal of Alternative Fuel Procurement Requirement for 
     Federal Agencies.--Section 526 of the Energy Independence and 
     Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) is 
     hereby repealed.

     SEC. 1072. EXPEDITED CONSTRUCTION OF NEW REFINING CAPACITY ON 
                   CLOSED MILITARY INSTALLATIONS.

       (a) Definitions.--In this section:
       (1) The term ``base closure law'' means the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) and title II of the 
     Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The term ``closed military installation'' means a 
     military installation closed or approved for closure pursuant 
     to a base closure law.
       (3) The term ``designated refinery'' means a refinery 
     designated under subsection (b).
       (4) The term ``Federal refinery authorization''--
       (A) means any authorization required under Federal law, 
     whether administered by a Federal or State administrative 
     agency or official, with respect to siting, construction, 
     expansion, or operation of a refinery; and
       (B) includes any permits, special use authorizations, 
     certifications, opinions, or other approvals required under 
     Federal law with respect to siting, construction, expansion, 
     or operation of a refinery.
       (5) The term ``refinery'' means--
       (A) a facility designed and operated to receive, load, 
     unload, store, transport, process, and refine crude oil by 
     any chemical or physical process, including distillation, 
     fluid catalytic cracking, hydrocracking, coking, alkylation, 
     etherification, polymerization, catalytic reforming, 
     isomerization, hydrotreating, blending, and any combination 
     thereof, in order to produce gasoline or other fuel; or
       (B) a facility designed and operated to receive, load, 
     unload, store, transport, process, and refine coal by any 
     chemical or physical process, including liquefaction, in 
     order to produce gasoline, diesel, or other liquid fuel as 
     its primary output.
       (6) The term ``Secretary'' means the Secretary of Energy.
       (7) The term ``State'' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, and any other 
     territory or possession of the United States.
       (b) Designation Requirement.--Not later than 90 days after 
     the date of enactment of this Act, the President shall 
     designate no less than 3 closed military installations, or 
     portions thereof, subject to subsection (d)(2), that are 
     appropriate for the purposes of siting a refinery.
       (c) Analysis of Refinery Sites.--In considering any site 
     for possible designation under subsection (b), the President 
     shall conduct an analysis of--
       (1) the availability of crude oil supplies to the site, 
     including supplies from domestic production of shale oil and 
     tar sands and other strategic unconventional fuels;
       (2) the distribution of the Nation's refined petroleum 
     product demand;
       (3) whether such site is in close proximity to substantial 
     pipeline infrastructure, including both crude oil and refined 
     petroleum product pipelines, and potential infrastructure 
     feasibility;
       (4) the need to diversify the geographical location of the 
     domestic refining capacity;
       (5) the effect that increased refined petroleum products 
     from a refinery on that site may have on the price and supply 
     of gasoline to consumers;
       (6) the impact of locating a refinery on the site on the 
     readiness and operations of the Armed Forces; and
       (7) such other factors as the President considers 
     appropriate.
       (d) Sale or Disposal.--
       (1) Designation.--Except as provided in paragraph (2), 
     until the expiration of 2 years after the date of enactment 
     of this Act, the Federal Government shall not sell or 
     otherwise dispose of the military installations designated 
     pursuant to subsection (b).

[[Page H4813]]

       (2) Governor's objection.--No site may be used for a 
     refinery under this section if, not later than 60 days after 
     designation of the site under subsection (b), the Governor of 
     the State in which the site is located transmits to the 
     President an objection to the designation, unless, not later 
     than 60 days after the President receives such objection, the 
     Congress has by law overridden the objection.
       (e) Redevelopment Authority.--With respect to a closed 
     military installation, or portion thereof, designated by the 
     President as a potentially suitable refinery site pursuant to 
     subsection (b)--
       (1) the redevelopment authority for the installation, in 
     preparing or revising the redevelopment plan for the 
     installation, shall consider the feasibility and 
     practicability of siting a refinery on the installation; and
       (2) the Secretary of Defense, in managing and disposing of 
     real property at the installation pursuant to the base 
     closure law applicable to the installation, shall give 
     substantial deference to the recommendations of the 
     redevelopment authority, as contained in the redevelopment 
     plan for the installation, regarding the siting of a refinery 
     on the installation.
       (f) Designation as Lead Agency.--
       (1) In general.--The Department of Energy shall act as the 
     lead agency for the purposes of coordinating all applicable 
     Federal refinery authorizations and related environmental 
     reviews with respect to a designated refinery.
       (2) Other agencies.--Each Federal and State agency or 
     official required to provide a Federal refinery authorization 
     shall cooperate with the Secretary and comply with the 
     deadlines established by the Secretary.
       (g) Secretary's Authority to Set Schedule.--The Secretary 
     shall establish a schedule for all Federal refinery 
     authorizations with respect to a designated refinery. In 
     establishing the schedule, the Secretary shall--
       (1) ensure expeditious completion of all such proceedings; 
     and
       (2) accommodate the applicable schedules established by 
     Federal law for such proceedings.
       (h) Consolidated Record.--The Secretary shall, with the 
     cooperation of Federal and State administrative agencies and 
     officials, maintain a complete consolidated record of all 
     decisions made or actions taken by the Secretary or by a 
     Federal administrative agency or officer (or State 
     administrative agency or officer acting under delegated 
     Federal authority) with respect to any Federal refinery 
     authorization.
       At the end of division A, add the following new title:

  TITLE XVII--ENHANCEMENT OF RECRUITMENT, RETENTION, AND READJUSTMENT 
                           THROUGH EDUCATION

Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Plan on coordination of current educational assistance 
              programs and development of additional educational 
              assistance programs to enable career-oriented members of 
              the Armed Forces to attain a bachelor's degree.
Sec. 1704. Increase in rates of basic educational assistance under the 
              Montgomery GI Bill.
Sec. 1705. Annual stipend for recipients of basic educational 
              assistance under the Montgomery GI Bill.
Sec. 1706. Increase in rates of educational assistance for members of 
              the Selected Reserve.
Sec. 1707. Increase in rates of educational assistance for reserve 
              component members supporting contingency operations and 
              other operations with extended service in the Selected 
              Reserve.
Sec. 1708. Enhancement of transferability of entitlement to educational 
              assistance.
Sec. 1709. Use of educational assistance to repay Federal student 
              loans.
Sec. 1710. Educational assistance for graduates of the service 
              academies and Reserve Officers' Training Corps programs.
Sec. 1711. Opportunity for current and certain retired VEAP-era 
              personnel to enroll in basic educational assistance under 
              the Montgomery GI Bill.
Sec. 1712. College Patriots Grant Program.

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Enhancement of 
     Recruitment, Retention, and Readjustment Through Education 
     Act of 2008''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) The World War II-era GI Bill assisted almost 8,000,000 
     members of the Armed Forces in readjusting to civilian life 
     after completing their service to the nation. With the 
     support and assistance of America's colleges and 
     universities, the GI Bill provided incentives that 
     transformed American society, making a college degree a 
     realizable goal for millions of Americans.
       (2) In the years following World War II, the GI Bill 
     continued to provide educational benefits for members of the 
     Armed Forces who had been drafted into or volunteered for 
     service.
       (3) The establishment of the All Volunteer Force in 1973, 
     and its development since its inception, has produced highly 
     professional Armed Forces that are recognized as the most 
     effective fighting force the world has ever seen.
       (4) The Sonny Montgomery GI Bill was enacted in 1984 to 
     sustain the All Volunteer Force by providing educational 
     benefits to aid in the recruitment and retention of highly 
     qualified personnel for the Armed Forces and to assist 
     veterans in readjusting to civilian life. Today, it remains a 
     cornerstone of military recruiting and retention planning for 
     the Armed Forces and continues to fulfill its original 
     purposes.
       (5) The All Volunteer Force depends for its effectiveness 
     and vitality on successful recruiting of highly capable men 
     and women, and retention for careers of soldiers, sailors, 
     airmen, and marines, in both the active and reserve 
     components of the Armed Forces, who, with the support of 
     their families and loved ones, develop into professional, 
     dedicated, and experienced officers, noncommissioned 
     officers, and petty officers.
       (6) The achievement of educational goals, including 
     obtaining the means to a college degree, has traditionally 
     been a key reason for volunteering for service in the Armed 
     Forces. For members who serve a career in the Armed Forces, 
     this goal extends to their spouses and children and has 
     resulted in requests for the option to transfer educational 
     benefits under the GI Bill to spouses and children.
       (7) As in the aftermath of World War II, colleges and 
     universities throughout the United States should demonstrate 
     their and the Nation's appreciation to veterans by dedicated 
     programs providing financial aid.
       (8) It is in that national interest for the United States--
       (A) to express the gratitude of the American people by 
     assisting those who have honorably served in the Armed Forces 
     and returned to civilian life to achieve their educational 
     goals;
       (B) to provide significant educational benefits to provide 
     incentives for successful recruiting;
       (C) to motivate continued service in the All Volunteer 
     Force by those members with the potential for military 
     careers and their spouses and children; and
       (D) to assist those who serve and their families in 
     achieving their personal goals, including higher education, 
     while progressing in a military career.

     SEC. 1703. PLAN ON COORDINATION OF CURRENT EDUCATIONAL 
                   ASSISTANCE PROGRAMS AND DEVELOPMENT OF 
                   ADDITIONAL EDUCATIONAL ASSISTANCE PROGRAMS TO 
                   ENABLE CAREER-ORIENTED MEMBERS OF THE ARMED 
                   FORCES TO ATTAIN A BACHELOR'S DEGREE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the outstanding men and women who volunteer for service 
     in the Armed Forces and demonstrate through their service the 
     ability, motivation, and commitment to serve as career 
     commissioned officers, noncommissioned officers, petty 
     officers, and warrant officers should be given the 
     opportunities and resources needed to obtain a bachelor's 
     degree before they complete active duty and retire from the 
     Armed Forces; and
       (2) every effort should be made by the leaders of the Army, 
     Navy, Marine Corps, Air Force, and Coast Guard to demonstrate 
     to members of the Armed Forces who are willing to serve and 
     study that the dual goals of attaining a bachelor's degree 
     and a distinguished military career are achievable and not 
     mutually exclusive.
       (b) Plan To Coordinate and Develop Educational Assistance 
     Programs.--
       (1) Plan required.--The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     develop a plan to make the attainment of a bachelor's degree 
     an achievable goal for members of the Armed Forces who are 
     motivated towards careers in the Armed Forces and who are 
     able and willing to accept the challenges of military duty 
     and pursuit of college level studies.
       (2) Advice of the service chiefs.--The Secretary of Defense 
     shall develop the plan required by paragraph (1) with the 
     advice of the Chief of Staff of the Army, the Chief of Naval 
     Operations, the Chief of Staff of the Air Force, and the 
     Commandant of the Marine Corps.
       (3) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) Appropriate elements of current programs to assist 
     members of the Armed Forces in obtaining college-level 
     education, including tuition assistance programs, distance 
     learning programs, and technical training and education 
     provided by the military departments, including programs 
     currently administered by the Secretary of Veterans Affairs.
       (B) Appropriate elements of current programs to provide 
     members of the Armed Forces with assistance in obtaining 
     college-level credit for the technical training and 
     experience they undergo during their military career.
       (C) One or more additional education programs to assist 
     members of the Armed Forces in obtaining a college-level 
     education, including mechanisms for the provision by the 
     military departments of guidance, mentoring, and resources to 
     assist members in achieving their professional military and 
     personal educational goals.
       (D) Such additional programs or mechanisms, such as 
     sabbaticals from the Armed Forces or college-level education 
     provided or funded by the military departments, as the

[[Page H4814]]

     Secretary of Defense considers appropriate to assist members 
     of the Armed Forces in making adequate progress towards a 
     bachelor's degree from an accredited institution of higher 
     education while continuing a successful military career.
       (E) Such mechanisms for the application of the elements of 
     the plan to members of the National Guard and Reserves as the 
     Secretary of Defense considers appropriate to ensure that 
     such members receive appropriate assistance in achieving 
     their professional military and personal educational goals.
       (F) Such elements of current programs of the military 
     departments for in-service education of members of the Armed 
     Forces as the Secretary of Defense considers appropriate to 
     maintain and enhance the recruitment and retention by the 
     Armed Forces of highly trained and experienced military 
     leaders.
       (4) Submittal to congress.--The Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the plan 
     required by paragraph (1) not later than August 1, 2009.

     SEC. 1704. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE 
                   UNDER THE MONTGOMERY GI BILL.

       (a) Increase in General Rates and Augmented Rates for 
     Extended Service.--
       (1) Rates based on three years of obligated service.--
     Subsection (a)(1) of section 3015 of title 38, United States 
     Code, is amended by striking ``on a full-time basis, at the 
     monthly rate of'' and all that follows and inserting ``on a 
     full-time basis--
       ``(A) in the case of an individual who served on active 
     duty in the Armed Forces for 12 or more years, at the monthly 
     rate of--
       ``(i) for months occurring during fiscal year 2009, $1,650;
       ``(ii) for months occurring during fiscal year 2010, 
     $1,800;
       ``(iii) for months occurring during fiscal year 2011, 
     $2,000; and
       ``(iv) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); and
       ``(B) in the case of an individual who served on active 
     duty in the Armed Forces for less than 12 years, at the 
     monthly rate of--
       ``(i) for months occurring during fiscal year 2009, $1,500; 
     and
       ``(ii) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); or''.
       (2) Rates based on two years of obligated service.--
     Subsection (b)(1) of such section is amended--
       (A) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph (A):
       ``(A) for months occurring during fiscal year 2009, $950; 
     and''; and
       (B) by redesignating subparagraph (D) as subparagraph (B).
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to basic educational assistance payable for months 
     beginning on or after that date.
       (2) Limitation on cost-of-living adjustments.--
       (A) Certain rates based on three years of obligated 
     service.--No adjustment under subsection (h) of section 3015 
     of title 38, United States Code, shall be made in the rates 
     of educational assistance payable under subsection (a)(1)(A) 
     of such section (as amended by subsection (a)(1) of this 
     section) for any of fiscal years 2009 through 2011.
       (B) Other rates.--No adjustment under subsection (h) of 
     section 3015 of title 38, United States Code, shall be made 
     in the rates of educational assistance payable under 
     subsection (a)(1)(B) of such section (as so amended), or 
     subsection (b) of such section, for fiscal year 2009.

     SEC. 1705. ANNUAL STIPEND FOR RECIPIENTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Entitlement to Stipend.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3020A. Educational stipend

       ``(a) Entitlement.--Each individual receiving basic 
     educational assistance under this subchapter who is pursuing 
     a program of education at an institution of higher learning 
     (as such term is defined in section 3452(f) of this title) is 
     entitled to an educational stipend under this section.
       ``(b) Amount of Stipend.--The educational stipend payable 
     under this section to an individual entitled to such a 
     stipend shall be paid--
       ``(1) in the case of an individual pursuing an approved 
     program of education on at least a half-time basis, at the 
     annual rate of $500; and
       ``(2) in the case of an individual pursuing an approved 
     program of education on less than a half-time basis, at the 
     annual rate of $350.
       ``(c) Payment Frequency and Method.--The educational 
     stipend payable under this subsection shall be paid with such 
     frequency (including by lump sum), and by such mechanisms, as 
     the Secretary shall prescribe for purposes of this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by adding at 
     the end of the items relating to subchapter II the following 
     new item:
``3020A. Educational stipend.''.
       (b) Effective Date.--Section 3020A of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the date that is one year after the date of the enactment of 
     this Act.

     SEC. 1706. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   MEMBERS OF THE SELECTED RESERVE.

       (a) Increase in Rates.--Section 16131(b)(1) of title 10, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``$251'' and inserting 
     ``$634'';
       (2) in subparagraph (B), by striking ``$188'' and inserting 
     ``$474''; and
       (3) in subparagraph (C), by striking ``$125'' and inserting 
     ``$314''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.
       (2) No cost-of-living adjustment.--No adjustment under 
     paragraph (2) of section 16131(b) of title 10, United States 
     Code, shall be made in the rates of educational assistance 
     payable under paragraph (1) of such section for fiscal year 
     2009.

     SEC. 1707. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   RESERVE COMPONENT MEMBERS SUPPORTING 
                   CONTINGENCY OPERATIONS AND OTHER OPERATIONS 
                   WITH EXTENDED SERVICE IN THE SELECTED RESERVE.

       (a) Increase in Rates for Extended Service.--Paragraph (2) 
     of section 16162(c) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) The educational assistance allowance provided under 
     this chapter shall be the amount as follows (as adjusted 
     under paragraphs (3) and (4)):
       ``(A) In the case of a member who serves an aggregate of 12 
     years or more in the Selected Reserve of the Ready Reserve, 
     the amount provided under section 3015(a)(1)(A) of title 38 
     for the fiscal year concerned, except that if a member 
     otherwise covered by this subparagraph ceases serving in the 
     Selected Reserve the amount shall be the amount provided 
     under subparagraph (B) of this paragraph.
       ``(B) In the case of any other member, the amount provided 
     under section 3015(a)(1)(B) of title 38 for the fiscal year 
     concerned.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

     SEC. 1708. ENHANCEMENT OF TRANSFERABILITY OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) Modification of Authority To Transfer Entitlement Under 
     Montgomery GI Bill.--
       (1) In general.--Subsection (a) of section 3020 of title 
     38, United States Code, is amended to read as follows:
       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary of Defense shall authorize each 
     Secretary concerned to permit an individual described in 
     subsection (b) who is entitled to basic educational 
     assistance under this subchapter to elect to transfer to one 
     or more of the dependents specified in subsection (c) the 
     unused portion of such individual's entitlement to such 
     assistance, subject to the limitation under subsection 
     (d).''.
       (2) Eligible individuals.--Subsection (b) of such section 
     is amended to read as follows:
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is any member of the Armed Forces serving on 
     active duty or as a member of the Selected Reserve who, at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement to basic educational 
     assistance under this section--
       ``(1) has completed six years of service in the Armed 
     Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.''.
       (3) Limitations on months of transfer.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraphs (2) and (3), an individual may 
     transfer under this section any number of months of unused 
     entitlement of the individual to basic educational assistance 
     under this chapter.
       ``(2) In the case of an individual who has completed at 
     least six but less than 12 years of service in the Armed 
     Forces at the time of the approval by the Secretary concerned 
     of the individual's request to transfer entitlement under 
     this section, the number of months that may be transferred by 
     the individual under this section may not exceed the lesser 
     of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.''.
       (4) Timing, revocation, and modification of transfer.--
     Subsection (f) of such section is amended--
       (A) in paragraph (1), by striking ``without regard'' and 
     all that follows and inserting ``while the individual is a 
     member of the Armed Forces.''; and
       (B) in paragraph (2)(A), by inserting ``while the 
     individual is serving as a member of the Armed Forces or in 
     the Selected Reserve'' after ``at any time''.
       (5) Exclusion from marital property.--Subsection (f) of 
     such section is further amended by adding at the end the 
     following new paragraph:

[[Page H4815]]

       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.''.
       (6) Overpayment.--Subsection (i) of such section is 
     amended--
       (A) by striking ``(1)'' before ``In the event''; and
       (B) by striking paragraphs (2) and (3).
       (7) Regulations.--Subsection (k) of such section is amended 
     to read as follows:
       ``(k) Regulations.--The Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (8) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 3020. Transfer of entitlement to basic educational 
       assistance''.

       (9) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by striking 
     the item relating to section 3020 and inserting the 
     following:
``3020. Transfer of entitlement to basic educational assistance.''.
       (b) Authority for Transfer of Entitlement Under Reserve 
     Components Educational Assistance Programs.--
       (1) Selected reserve program.--
       (A) In general.--Chapter 1606 of title 10, United States 
     Code, is amended by inserting after section 16131a the 
     following new section:

     ``Sec. 16131b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member described in this 
     subsection is a member of the Selected Reserve of the Ready 
     Reserve who, at the time of the approval of the member's 
     request to transfer entitlement to educational assistance 
     under this section--
       ``(1) has completed at least six years of service in the 
     Selected Reserve; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Selected Reserve 
     at the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16133 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement at any time after the approval of 
     the member's request to transfer such entitlement.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance is transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of six years 
     of service in the Selected Reserve; or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     six years of service in the Selected Reserve; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16131 or 16132a of this 
     title, as applicable.
       ``(4)(A) The death of a member transferring entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(B) The involuntary separation or retirement of a member 
     transferring entitlement under this section because of a 
     nondiscretionary provision of law for age or for years of 
     service, as described in section 16133(b) of this title, or 
     medical disqualification which is not the result of gross 
     negligence or misconduct of the member shall not affect the 
     use of entitlement by the dependent to whom the entitlement 
     is transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--(1) In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(2)(A) Except as provided in subparagraph (B), in the 
     case of a member transferring entitlement under this section 
     whose eligibility is terminated under section 16134(2) of 
     this title, the amount of any transferred entitlement under 
     this section that is used by a dependent of the member as of 
     the date of the failure of the member to participate 
     satisfactorily in training as specified in section 16134(2) 
     of this title shall be treated as an overpayment of 
     educational assistance under paragraph (1).
       ``(B) Subparagraph (A) shall not apply in the case of a 
     member who fails to complete service agreed to by the 
     member--
       ``(i) by reason of the death of the member; or
       ``(ii) for a reason referred to in section 16133(b) of this 
     title.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in that 
     fiscal year for purposes of making deposits in the Department 
     of Defense Education Benefits Fund under section 2006 of this 
     title in that fiscal year to cover the present value of 
     future benefits payable from the Fund for the Department of 
     Defense portion of payments of educational assistance 
     attributable to increased usage of benefits as a result of 
     such transfers of entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.

[[Page H4816]]

       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1606 of such title is amended by 
     inserting after the item relating to section 16131a the 
     following new item:
``16131b. Transfer of entitlement to educational assistance.''.
       (2) Program for reserve components supporting contingency 
     and other operations.--
       (A) In general.--Chapter 1607 of title 10, United States 
     Code, is amended by inserting after section 16162a the 
     following new section:

     ``Sec. 16162b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member referred to in subsection 
     (a) is a member of the Armed Forces who, at the time of the 
     approval of the member's request to transfer entitlement to 
     educational assistance under this section--
       ``(1) has completed at least six years of service in the 
     Armed Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Armed Forces at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16164 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement only while serving as a member of 
     the Armed Forces when the transfer is executed.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance as transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of the years 
     of service in the Armed Forces applicable to the member under 
     subsection (b); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     the years of service in the Armed Forces applicable to the 
     member under subsection; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16162 or 16162a of this 
     title, as applicable.
       ``(4) The death of a member transferring an entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in that 
     fiscal year for purposes of making deposits in the Department 
     of Defense Education Benefits Fund under section 2006 of this 
     title in that fiscal year to cover the present value of 
     future benefits payable from the Fund for the Department of 
     Defense portion of payments of educational assistance 
     attributable to increased usage of benefits as result of such 
     transfers of entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1607 of such title is amended by 
     inserting after the item relating to section 16162a the 
     following new item:
``16162b. Transfer of entitlement to educational assistance.''.
       (3) Funding under department of defense education benefits 
     fund.--Section 2006(b)(2)(D) of title 10, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``, including payments attributable to increased 
     usage of benefits as a result of transfers of entitlement to 
     educational assistance under sections 16131b and 16162b of 
     this title''.
       (c) Effective Date.--The amendments made by this subsection 
     shall take effect on October 1, 2009.

     SEC. 1709. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL 
                   STUDENT LOANS.

       (a) Use of Educational Assistance To Repay Federal Student 
     Loans.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, as amended by section 1705(a) of this 
     Act, is further amended by inserting after section 3020A the 
     following new section:

     ``Sec. 3020B. Use of basic educational assistance benefits 
       for repayment of Federal student loans

       ``(a) In General.--An individual entitled to basic 
     educational assistance under this subchapter who is serving 
     on active duty in the Armed Forces may elect to apply amounts 
     of basic educational assistance otherwise available to the 
     individual under this subchapter to repay all or a portion of 
     the outstanding principal and interest on any Federal student 
     loan owed by the individual for the individual's pursuit of a 
     course of education.
       ``(b) Designation of Loans and Amounts Payable.--An 
     individual electing under this section to apply amounts of 
     basic educational assistance to the payment of the 
     outstanding principal and interest on Federal student loans 
     shall designate (in such form and manner as the Secretary 
     shall prescribe for purposes of this section) the following:
       ``(1) Each Federal student loan of the individual for which 
     payment shall be made under this section.
       ``(2) For each Federal student loan designated under 
     paragraph (1), the monthly amount to be paid under this 
     section.
       ``(c) Limitation on Amount of Payments.--(1) The monthly 
     amount payable with respect to an individual under this 
     section may not exceed the monthly rate of basic educational 
     assistance to which the individual is otherwise entitled 
     under this subchapter at the time of payment of such monthly 
     amount.

[[Page H4817]]

       ``(2) The aggregate amount of basic educational assistance 
     payable with respect to an individual under this section for 
     any 12-month period may not exceed $6,000.
       ``(d) Frequency of Payments.--Payment of amounts of 
     principal and interest on Federal student loans of an 
     individual under this section shall be made on a monthly 
     basis.
       ``(e) Cessation of Payments.--Payments made under this 
     section with respect to an individual shall cease if the 
     individual ceases serving on active duty in the Armed Forces, 
     effective as of the first month that begins after the date on 
     which the individual ceases serving on active duty in the 
     Armed Forces.
       ``(f) Charge Against Entitlement.--The period of 
     entitlement to basic educational assistance under this 
     subchapter of an individual for whom payments are made under 
     this section shall be charged at the rate of one month for 
     each payment or aggregate of payments under this section that 
     are equivalent in amount to the monthly rate of basic 
     educational assistance to which the individual is otherwise 
     entitled under this subchapter.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as the Secretary considers appropriate for 
     purposes of the administration of this section.
       ``(h) Federal Student Loan Defined.--In this section, the 
     term `Federal student loan' means any loan made under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.).''.
       (2) Clerical amendment.--The table of sections of 
     subchapter II of chapter 30 of such title, as so amended, is 
     further amended by inserting after the item relating to 
     section 3020A the following new item:Q02
``3020B. Use of basic educational assistance benefits for repayment of 
              Federal student loans.''.Q02
       (b) Effective Date.--Section 3020B of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to educational assistance payable for months that 
     begin on or after the date that is one year after the date of 
     the enactment of this Act.

     SEC. 1710. EDUCATIONAL ASSISTANCE FOR GRADUATES OF THE 
                   SERVICE ACADEMIES AND RESERVE OFFICERS' 
                   TRAINING CORPS PROGRAMS.

       (a) Active Duty Program.--
       (1) In general.--Subsection (a)(1) of section 3011 of title 
     38, United States Code, is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives a commission as an officer in the Armed 
     Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (b), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)'';
       (B) in subsection (c)--
       (i) by striking ``(1)'' after ``(c)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (e)(1), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)''.
       (b) Selected Reserve Program.--
       (1) In general.--Subsection (a)(1) of section 3012 of such 
     title is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives a commission as an officer in the Armed 
     Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (c), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)'';
       (B) in subsection (d)--
       (i) by striking ``(1)'' after ``(d)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (f)(1), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)''.
       (c) Amount of Basic Educational Assistance.--Section 
     3015(c) of such title is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) of this section also applies to the 
     following:
       ``(A) An individual entitled to an educational assistance 
     allowance under section 3011 of this title by reason of 
     subsection (a)(1)(D) of such section.
       ``(B) An individual entitled to an educational assistance 
     allowance under section 3012 of this title by reason of 
     subsection (a)(1)(D) of such section.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009.

     SEC. 1711. OPPORTUNITY FOR CURRENT AND CERTAIN RETIRED VEAP-
                   ERA PERSONNEL TO ENROLL IN BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Opportunity for Current and Certain Retired VEAP-Era 
     Personnel To Enroll.--
       (1) In general.--Chapter 30 of title 38, United States 
     Code, is amended by inserting after section 3018C the 
     following new section:

     ``Sec. 3018D. Opportunity for current and certain retired 
       VEAP-era personnel to enroll

       ``(a) In General.--An individual described in subsection 
     (b) who makes an election described in paragraph (5) of such 
     subsection is entitled to basic educational assistance under 
     this chapter, subject to the provisions of subsection (d).
       ``(b) Covered Individuals.--An individual described in this 
     subsection is an individual who meets each of the following 
     requirements:
       ``(1) The individual first became a member of the Armed 
     Forces or first entered on active duty as a member of the 
     Armed Forces on or after January 1, 1977, but before July 1, 
     1985.
       ``(2) The individual, as of the date of the individual's 
     election under paragraph (5)--
       ``(A) is serving on active duty without a break in service 
     (other than as described in section 3202(1)(C) of this title) 
     since the date the individual first became such a member or 
     first entered on active duty as such a member; or
       ``(B) is retired from the Armed Forces after serving at 
     least 20 years on active duty in the Armed Forces, which 
     service included service on active duty in the Armed Forces 
     on or after September 11, 2001, and elected not to 
     participate in the program of educational assistance under 
     chapter 32 of this title.
       ``(3) The individual, before applying for benefits under 
     this section, has completed the requirements of a secondary 
     school diploma (or equivalency certificate) or has 
     successfully completed the equivalent of 12 semester hours in 
     a program of education leading to a standard college degree, 
     but has not completed the requirements for nor been awarded a 
     bachelor's degree.
       ``(4) The individual--
       ``(A) in the case of an individual described by paragraph 
     (2)(A), is discharged with an honorable discharge or released 
     with service characterized as honorable by the Secretary 
     concerned; or
       ``(B) in the case of an individual described by paragraph 
     (2)(B), was discharged with an honorable discharge or 
     released with service characterized as honorable by the 
     Secretary concerned.
       ``(5) During the one-year period beginning on October 1, 
     2009, the individual makes an irrevocable election to receive 
     benefits under this section pursuant to procedures which the 
     Secretary of each military department shall provide in 
     accordance with regulations prescribed by the Secretary of 
     Defense for the purpose of carrying out this section or which 
     the Secretary of Transportation shall provide for such 
     purpose with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(c) Reduction of Pay; Collection and Payment of 
     Amounts.--(1) In the case of an individual described by 
     subsection (b) who makes an election under this section to 
     become entitled to basic educational assistance under this 
     chapter--
       ``(A) the basic pay or retired or retainer pay, as 
     applicable, of the individual shall be reduced (in a manner 
     determined by the Secretary concerned) until the total amount 
     by which such pay is reduced is $2,700; or
       ``(B) to the extent that the basic pay of the individual is 
     not so reduced before the individual's discharge or release 
     from active duty as described in subsection (d)(4)(A), the 
     Secretary concerned shall collect from the individual an 
     amount equal to the difference between $2,700 and the total 
     amount of reductions with respect to the individual under 
     subparagraph (A).
       ``(2) An individual covered by paragraph (1) may at any 
     time pay the Secretary concerned an amount equal to the 
     difference between the total of the reductions otherwise 
     required with respect to the individual under that paragraph 
     and the total amount of the reductions with respect to the 
     individual under that paragraph at the time of the payment.
       ``(3) Any amounts collected under paragraph (1)(B) or paid 
     under paragraph (2) shall

[[Page H4818]]

     be paid into the Department of Defense Education Benefits 
     Fund under section 2006 of title 10.
       ``(4) The total amount of reductions in pay, or of 
     collections or payments, required with respect to an 
     individual under paragraph (1) shall be achieved not later 
     than 12 months after the date on which the individual makes 
     an election under subsection (b)(5).
       ``(5) No amount of educational assistance allowance under 
     this chapter shall be paid to an individual covered by 
     paragraph (1) until the date on which the total amount of 
     reductions in pay, or of collections or payments, required 
     with respect to the individual under paragraph (1) is 
     achieved.
       ``(d) Limitations on Basic Educational Assistance.--(1) The 
     basic educational assistance allowance payable under this 
     chapter to an individual entitled to such educational 
     assistance allowance under this section shall be payable at 
     the monthly rate of basic educational assistance payable 
     under section 3015(a)(1)(B) of this title.
       ``(2) Basic educational assistance under this section shall 
     be available only for pursuit of a non-degree vocational 
     training program, an associate degree, or a bachelor's 
     degree, but shall not be available for pursuit of a masters 
     degree or other advanced college degree.
       ``(3) An individual entitled under this section to basic 
     educational assistance under this chapter is entitled to the 
     educational stipend provided under section 3020A of this 
     title.
       ``(4)(A) Entitlement under this section to basic 
     educational assistance under this chapter is not 
     transferrable under the provisions of section 3020 of this 
     title.
       ``(B) An individual entitled under this section to basic 
     educational assistance under this chapter is not eligible for 
     the following:
       ``(i) The use of basic educational assistance benefits 
     under this chapter for the repayment of Federal student loans 
     under section 3020B of this title.
       ``(ii) Supplemental educational assistance authorized by 
     subchapter III of this chapter.
       ``(5)(A) Except as provided in subparagraph (B), the 
     provisions of section 3031 of this title shall apply to the 
     use of entitlement under this section to basic educational 
     assistance under this chapter.
       ``(B) In the case of an individual entitled under this 
     section to basic educational assistance under this chapter 
     who is described by subsection (b)(2)(B), the period during 
     which the individual may use such entitlement expires on 
     October 1, 2019.
       ``(e) Outreach.--The Secretary shall, in coordination with 
     the Secretary of Defense, provide for notice of the 
     opportunity under this section to elect to become entitled to 
     basic educational assistance under this chapter.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by inserting 
     after the item relating to section 3018C the following new 
     item:Q02
``3018D. Opportunity for current and certain retired VEAP-era personnel 
              to enroll.''.Q02
       (b) Conforming Amendments.--Section 3017(b)(1) of such 
     title is amended--
       (1) in subparagraphs (A) and (C), by striking ``or 
     3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
       (2) in subparagraph (B), by striking ``or 3018C(e) of this 
     title'' after ``section 3018C(e), or 3018D(c) of this title 
     or paid by the individual under section 3018D(c) of this 
     title''.

     SEC. 1712. COLLEGE PATRIOTS GRANT PROGRAM.

       (a) Program Authorized.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subchapter:

                ``SUBCHAPTER IV--COLLEGE PATRIOTS GRANTS

     ``Sec. 3699A. College Patriots Grant Program

       ``(a) Purpose.--It is the purpose of this section to 
     provide, through a partnership with the Department and 
     institutions of higher education, supplemental educational 
     grants to assist in making available the benefits of 
     postsecondary education to qualified veterans by meeting such 
     veterans' unmet financial need.
       ``(b) Establishment of Program.--The Secretary shall carry 
     out a supplemental educational grant program under which--
       ``(1) an institution of higher education participating in 
     the program voluntarily provides a covered individual 
     enrolled in the institution with the non-Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e); and
       ``(2) the Secretary provides the Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e).
       ``(c) Designation of Program.--The program under this 
     section shall be known as the `College Patriots Grant 
     Program'.
       ``(d) Institutional Eligibility Criteria.--Assistance may 
     be made available under this section only to an institution 
     of higher education that satisfies any criteria specified by 
     the Secretary. Such criteria shall include an agreement or 
     other appropriate assurance from the institution of higher 
     education that--
       ``(1) the non-Federal share of a covered individual's unmet 
     financial need awarded under this section shall be provided 
     from non-Federal resources, including--
       ``(A) institutional grants and scholarships;
       ``(B) tuition or fee waivers;
       ``(C) State scholarships; and
       ``(D) foundation or other charitable organization funds; 
     and
       ``(2) funds made available under this section shall be 
     provided to a covered individual for whom the institution of 
     higher education has made a determination that the covered 
     individual has an unmet financial need, which determination 
     shall be made before including Federal student loans under 
     title IV of the Higher Education Act of 1965 in the covered 
     individual's financial aid package.
       ``(e) Federal Share; Non-Federal Share.--
       ``(1) In general.--The Secretary shall not approve an 
     institution of higher education for participation in the 
     College Patriots Grant Program unless the institution of 
     higher education has provided, in the manner required by the 
     Secretary, the following:
       ``(A) An agreement or other assurance that the institution 
     of higher education will provide the non-Federal share in 
     accordance with this subsection.
       ``(B) Information on the specific methods by which the non-
     Federal share shall be paid.
       ``(C) An acknowledgment that the non-Federal share provided 
     under this subsection shall supplement and not supplant other 
     Federal and non-Federal funds.
       ``(2) Federal and non-federal shares.--Each institution of 
     higher education participating in the program under this 
     section shall select one of the three contribution percentage 
     tiers described in paragraph (3) for purposes of meeting a 
     percentage of the unmet financial needs of covered 
     individuals enrolled in the institution.
       ``(3) Percentage contribution tiers.--
       ``(A) 25 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 12.5 
     percent of the unmet financial need and the Federal share 
     shall be 12.5 percent of the unmet financial need, except 
     that the Federal share shall not exceed $1,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $1,000 and the non-Federal share shall be 25 percent 
     of the covered individual's unmet financial need minus 
     $1,000.
       ``(B) 50 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 25 
     percent of the unmet financial need and the Federal share 
     shall be 25 percent of the unmet financial need, except that 
     the Federal share shall not exceed $2,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $2,000 and the non-Federal share shall be 50 percent 
     of the covered individual's unmet financial need minus 
     $2,000.
       ``(C) 100 percent tier.--In the case of a covered 
     individual enrolled in the institution who has an unmet 
     financial need that is--
       ``(i) less than $6,000, the non-Federal share shall be 50 
     percent of the unmet financial need and the Federal share 
     shall be 50 percent of the unmet financial need, except that 
     the Federal share shall not exceed $3,000; and
       ``(ii) equal to or greater than $6,000, the Federal share 
     shall be $3,000 and the non-Federal share shall be 100 
     percent of the covered individual's unmet financial need 
     minus $3,000.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations necessary to implement and administer the College 
     Patriots Grant Program, including regulations establishing 
     the procedures for determining eligibility for the program, 
     applying for supplemental educational grants under the 
     program, and distributing the Federal share provided by the 
     Secretary under the program.
       ``(g) Outreach.--The Secretary of Veterans Affairs, in 
     coordination with the Secretary of Defense and the Secretary 
     of Education, shall--
       ``(1) make available to the public on the Internet website 
     of the Department--
       ``(A) a current list of institutions of higher education 
     participating in the College Patriots Grant Program; and
       ``(B) information on the extent of participation of each 
     institution of higher education participating in the College 
     Patriots Grant Program;
       ``(2) make available to the public on the Internet website 
     of the Department information about all Federal and State 
     education benefits that members of the regular components of 
     the Armed Forces, members of the reserve components of the 
     Armed Forces, veterans, and their dependents may be eligible 
     to receive; and
       ``(3) make available to institutions of higher education 
     information about the College Patriots Grant Program and take 
     appropriate actions to encourage broad participation of 
     institutions of higher education in the program.
       ``(h) Awards for Institutional Recognition.--The Secretary 
     may establish and administer an awards program to recognize 
     the extent of an institution of higher education's 
     participation in the College Patriots Grant Program.
       ``(i) Definitions.--In this section:
       ``(1) Cost of attendance.--The term `cost of attendance' 
     has the meaning given the term in section 472 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ll).
       ``(2) Covered individual.--The term `covered individual' 
     means an individual who--
       ``(A) is enrolled in an institution of higher education 
     that is participating in the College Patriots Grant Program;

[[Page H4819]]

       ``(B) has such amount of remaining entitlement to 
     educational assistance under chapter 30 or 32 of this title, 
     or under chapter 1606 or 1607 of title 10, as the Secretary 
     may require for purposes of this section; and
       ``(C) after receipt of any of the educational assistance 
     described in subparagraph (B), has an unmet financial need to 
     attend the institution of higher education for which a 
     supplemental educational grant is sought.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       ``(4) Unmet financial need.--The term `unmet financial 
     need' means, with respect to a covered individual, the cost 
     of attendance for the covered individual to attend an 
     institution of higher education participating in the College 
     Patriots Grant Program, minus the sum of--
       ``(A) grant and work assistance received by the covered 
     individual under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.); and
       ``(B) any educational assistance payments received by the 
     covered individual through any programs administered by the 
     Department of Veterans Affairs or the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by adding at 
     the end the following new items:

                ``subchapter iv--college patriots grants

``3699A. College Patriots Grant Program.''.Q02
       (b) Effective Date.--The amendments made by this section 
     shall take effect one year after the date of the enactment of 
     this Act, and shall apply to terms, quarters, or semesters 
     beginning on or after that date.

  Mr. CONAWAY (during the reading). Mr. Speaker, I ask unanimous 
consent to consider it read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SKELTON. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentleman from Texas is recognized for 5 minutes.
  Mr. CONAWAY. Mr. Speaker, tonight I'm asking my colleagues to make a 
clear choice, a choice between a rational development of American 
energy resources, or a flawed policy of shackling ourselves to 
unfriendly nations for the fuel we depend on every day.
  The Republican motion to recommit will move restrictions on the 
Federal Government to speed the development and production of American 
resources, as well as reduce our reliance on imported refined products. 
It would first repeal the misguided policies introduced by section 526 
of the Energy Independence and Security Act, which senselessly 
handcuffs the Federal Government, especially the Department of Defense, 
to only conventional sources of diesel, gasoline or jet fuel.
  Second, it would expedite the siting of potential new refinery 
capacity.
  Congress has already admitted that we want to continue relying on 
fossil fuels by passing legislation to let Americans sue OPEC to force 
them to increase their oil production. It is irrational to restrict our 
access to American fossil fuels, but continue buying these same fuels 
from countries that are, at best, not our allies. This motion will 
unleash the purchasing power of the Federal Government to accelerate 
the development and exploitation of unconventional fuels.
  With oil at $130 a barrel, we should be embracing alternative sources 
of fuel and actively seeking to improve processes and increase refinery 
capacity, as well as increase fuel efficiency. But instead, Section 526 
shuts the door on alternative, unconventional and synthetic fuels, and 
makes us more reliant on foreign oil.
  This motion to recommit also provides the Secretary of Energy with 
the ability to reuse not less than three excess military installations 
as possible locations to site new refineries. This process will protect 
all Federal, State, local review and permitting processes and will even 
allow an opportunity for the Governor of the State to veto the site. 
These refineries are critically needed to address not only our 
military's vulnerabilities, but the needs of all American consumers.
  By repealing Section 526 and providing for the construction of new 
refining capacity, we are taking positive steps to alleviate our 
reliance on foreign sources of fuel and ensuring the Department of 
Defense has what it needs to accomplish its security mission.
  To me, a choice like this is no choice at all. Relying on 
untrustworthy regimes for fuel we need that leaves our Nation 
vulnerable to the whims of thugs and dictators. Tonight, this motion to 
recommit provides us with the opportunity to become more economically 
and strategically competitive by promoting the responsible development 
of American sources of refined products.
  Please join me in supporting the passage of this motion to recommit 
and putting our Nation on a path to energy self-reliance.
  I now yield to Fred Upton.
  Mr. UPTON. Mr. Speaker, this motion unlocks the Canadian tar sands 
and allows that crude oil to come down to the U.S. I spoke to the 
Canadian Ambassador to the U.S. just a couple of hours ago. They are 
producing a million and a half barrels a day of this, and they're going 
to 4 million barrels a day. They're going to do this with us or without 
us. Wouldn't you rather have this crude come to the U.S. rather than go 
to China?
  This will actually reduce greenhouse gases because you won't have to 
transport it to China.
  This is a good amendment.
  Mr. CONAWAY. I now yield to the gentlewoman from Virginia (Mrs. 
Drake).
  Mrs. DRAKE. This motion is an expansion of the GI Bill to improve 
educational benefits for active duty, Guard and Reserve and veterans.
  This motion, if enacted, increases monthly educational benefits in 
October of 2008, then gradual increases tied to length of service. It 
includes funding for books and supplies, and increases benefits for 
Guard and Reserve members. It allows members to transfer benefits to 
their spouse or children, and allows more servicemembers to access 
these benefits. It also offers student loan repayment help.
  I believe it is time to update and improve educational benefits 
offered to our brave men and women. I believe there is overwhelming 
consensus in this body to do so.
  By adding this provision to the NDAA, it allows these benefits to 
actually become law.
  Mr. CONAWAY. Mr. Speaker, I now yield to the Republican leader, Mr. 
Boehner.
  Mr. BOEHNER. Mr. Speaker and my colleagues, this will be the last 
time that the defense authorization bill comes to the floor of the 
House under the able hands of our Republican ranking member, Mr. Duncan 
Hunter.
  Duncan has been a valued member of the Armed Services Committee for 
the 28 years that he's been here. I know for a lot of us he's our 
friend, he's our colleague and someone who brings not only a great 
amount of knowledge about this defense bill, but also brings a lot of 
passion with it.

                              {time}  2130

  And I just think that we ought to honor Duncan for a job well done.
  And this is bigger. Let me also thank his able staff who have done a 
marvelous job in helping Duncan be a great ranking member and a great 
chairman.
  Mr. CONAWAY. Mr. Speaker, I urge my colleagues to vote ``yes'' on the 
motion to recommit, and I yield back.
  Mr. SKELTON. Mr. Speaker, I withdraw my point of order, and I rise in 
opposition to the motion.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. SKELTON. Mr. Speaker, it's very difficult for me to understand or 
believe that a motion on the bill named in honor of our good friend and 
colleague, Duncan Hunter, is being sent back with the word ``promptly'' 
when everyone knows that under rule XXI, clause 2 of our House rules, a 
motion to recommit using the word ``promptly'' with instructions sends 
the bill back to committee and kills it.
  Mr. Boehner just spoke a moment ago about this being the last time 
this bill would be considered. I trust he would vote against this 
motion to recommit. Because if this motion prevails, along with it goes 
a pay raise, health benefits, so many good things for those wonderful 
troops that we support.
  The committee would be forced to take it up, and it would come back 
and then be subject to a point of order because it violates the PAYGO 
rules. I'm surprised and shocked and saddened at this because, Mr. 
Speaker, there has

[[Page H4820]]

never been, in the history of this body, a motion to recommit using the 
word ``promptly,'' which would have the effect of killing the bill.
  I recognize my friend from Texas.
  Mr. EDWARDS. Well, Mr. Speaker, I think this could be called the fig 
leaf motion to recommit because it will allow a number of Members on 
one side of the aisle in this House who voted against the GI Bill in 
the supplemental appropriation bill just a few days ago to now say they 
voted for the GI Bill after they voted against the GI Bill.
  For the record, the Senate has passed the GI Bill, and I ask my 
colleagues who voted against it the other day to join with us in a 
bipartisan effort to pass the new 21st century GI Bill.
  In regard to sending this back to committee, I would like to send a 
clear message as someone who's represented over 40,000 soldiers who 
fought in Iraq during my time in Congress, I would like to send them a 
message before Memorial Day that this House is together on sending them 
a 3.9 percent pay raise.
  I respect my friend, my colleague from Texas, Mr. Conaway, on energy 
issues. We work together on many of them. But this is a defense 
authorization bill. And at the last moment with no notice, I would love 
to test every Member of the House on how much you know about section 
526 of the Energy Security Act that Mr. Conaway went through very 
quickly. Nobody has seen this. We don't know what the implications are 
of putting oil refineries on military bases.
  So that's the reason to vote ``no'' on this. Let's say ``no'' to the 
fig leaf and ``yes'' to helping veterans in a real way with the real GI 
Bill.
  Mr. SKELTON. Mr. Speaker, I yield now to the majority leader, the 
gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Ladies and gentlemen of the House, we come to the end of 
an 8-week series. This motion is a little bit like voting ``present.'' 
On the one hand, you say, Yes, let's be for veterans; yes, let's be for 
energy independence. On the other hand you say, But let's not pass the 
bill. The American public must be very confused by that kind of action.
  But I am convinced that this night we will stand with our troops, we 
will stand with our Armed Forces, we will stand with the national 
security of our country. Reject this motion which sends this bill back 
to committee; and once having done that, vote overwhelmingly for this 
bill and honor Mr. Hunter in the process; and honor a great leader of 
this House, as knowledgeable about national security as any Member of 
this House, the great Ike Skelton of Missouri.
  Ladies and gentlemen of this House, reject this political 
``promptly'' motion. Pass this bill and be proud to go home and tell 
America that you stood up for our national security and our troops.
  Mr. SKELTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. CONAWAY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered; and the motion to 
suspend the rules on House Resolution 986.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 223, not voting 25, as follows:

                             [Roll No. 364]

                               AYES--186

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                               NOES--223

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--25

     Andrews
     Cannon
     Carter
     Castor
     Crenshaw
     Doyle
     Ehlers
     Gilchrest
     Gillibrand
     Hinojosa
     Hobson
     Marchant
     Meeks (NY)
     Musgrave
     Nadler
     Paul
     Pryce (OH)
     Rush
     Stark
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Weller
     Wexler
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in the vote.

                              {time}  2152

  Mr. REICHERT changed his vote from ``no'' to ``aye.''

[[Page H4821]]

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SKELTON. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 384, 
noes 23, not voting 27, as follows:

                             [Roll No. 365]

                               AYES--384

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Cazayoux
     Chabot
     Chandler
     Childers
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Drake
     Dreier
     Edwards
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Ferguson
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (NM)
     Upton
     Van Hollen
     Visclosky
     Walberg
     Walz (MN)
     Wamp
     Wasserman Schultz
     Watson
     Watt
     Weiner
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NOES--23

     Baldwin
     Campbell (CA)
     Clarke
     Davis (IL)
     Duncan
     Ellison
     Filner
     Flake
     Jackson (IL)
     Jackson-Lee (TX)
     Kucinich
     Lee
     Lewis (GA)
     Michaud
     Moore (WI)
     Olver
     Rangel
     Schakowsky
     Serrano
     Velazquez
     Waters
     Welch (VT)
     Woolsey

                             NOT VOTING--27

     Andrews
     Cannon
     Carter
     Castor
     Crenshaw
     Doyle
     Ehlers
     Feeney
     Gillibrand
     Hinojosa
     Hobson
     Marchant
     Meeks (NY)
     Musgrave
     Nadler
     Paul
     Platts
     Pryce (OH)
     Rush
     Stark
     Udall (CO)
     Walden (OR)
     Walsh (NY)
     Waxman
     Weller
     Wexler
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There is 1 minute 
remaining in this vote.

                              {time}  2159

  Ms. WATERS changed her vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FEENEY. Mr. Speaker, on rollcall No. 365, I was unavoidably 
detained. Had I been present, I would have voted ``aye.''

                          ____________________