Amendment Text: H.Amdt.509 — 112th Congress (2011-2012)

There is one version of the amendment.

Shown Here:
Amendment as Offered (07/06/2011)

This Amendment appears on page H4598 in the following article from the Congressional Record.


[Pages H4594-H4625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

  The SPEAKER pro tempore. Pursuant to House Resolution 320 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 2219.

                              {time}  1427


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 2219) making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2012, and for other 
purposes, with Mr. Poe of Texas (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
June 23, 2011, all time for general debate had expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment who has 
caused it to be printed in the designated place in the Congressional 
Record. Those amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 2219

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2012, for military functions 
     administered by the Department of Defense and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for

[[Page H4595]]

     members of the Reserve Officers' Training Corps; and for 
     payments pursuant to section 156 of Public Law 97-377, as 
     amended (42 U.S.C. 402 note), and to the Department of 
     Defense Military Retirement Fund, $43,859,709,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $27,141,334,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $13,480,436,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $28,264,646,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $4,333,507,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,948,544,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $645,422,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,711,653,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $7,607,345,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $3,099,629,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $12,478,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $34,581,321,000.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $14,804,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $39,385,685,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $6,036,996,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $36,065,107,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $30,682,265,000: Provided, That not 
     more than $47,026,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code: Provided further, That not to exceed 
     $36,000,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of Defense, and payments may be made on his 
     certificate of necessity for confidential military purposes: 
     Provided further, That of the funds provided under this 
     heading, not less than $34,311,000 shall be made available 
     for the Procurement Technical Assistance Cooperative 
     Agreement Program, of which not less than $3,600,000 shall be 
     available for centers defined in 10 U.S.C. 2411(1)(D): 
     Provided further, That none of the funds appropriated or 
     otherwise made available by this Act may be used to plan or 
     implement the consolidation of a budget or appropriations 
     liaison office of the Office of the Secretary of Defense, the 
     office of the Secretary of a military department, or the 
     service headquarters of one of the Armed Forces into a 
     legislative affairs or legislative liaison office: Provided 
     further, That $8,420,000, to remain available until expended, 
     is available only for expenses relating to certain classified 
     activities, and may be transferred as necessary by the 
     Secretary of Defense to operation and maintenance 
     appropriations or research, development, test and evaluation 
     appropriations, to be merged with and to be available for the 
     same time period as the appropriations to which transferred: 
     Provided further, That any ceiling on the investment item 
     unit cost of items that may be purchased with operation and 
     maintenance funds shall not apply to the funds described in 
     the preceding proviso: Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority provided elsewhere in this Act.

                              {time}  1430


             Amendment Offered by Mr. Connolly of Virginia

  Mr. CONNOLLY of Virginia. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $10,000,000)''.
       Page 31, line 17, after the dollar amount, insert 
     ``(increased by $10,000,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.

[[Page H4596]]

  Mr. CONNOLLY of Virginia. First, I want to thank Chairman Young, 
Ranking Member Dicks, and their staffs for coordinating with my office 
on this amendment and for their work to address operational energy 
challenges faced by DOD.
  According to the Department of Defense, operational energy 
represented 74 percent of the military's energy costs in 2010; and 
despite a 9 percent reduction in energy use, costs increased by 19.7 
percent. Air conditioning alone for American forces in Iraq and 
Afghanistan cost $20 million each year. Last year's bill to heat, cool, 
and light 539,000 DOD buildings represented at least $4 billion in 
direct costs to taxpayers.
  More than 3,000 American warfighters and contractors have been killed 
in the line of duty while moving or defending fuel convoys. We cannot 
continue sacrificing American lives as a result of failing to improve 
energy use by our military.
  Included in the bill is a targeted investment of $82 million for 
Marine Corps expeditionary energy equipment to prevent our marines from 
carrying more than 13 million pounds of gear and will help taxpayers 
avoid nearly $40 billion in annual energy-related costs.
  Thank you, Chairman Young and Ranking Member Dicks, for including 
this funding in the bill. This bipartisan amendment would complement 
that investment in operational energy by increasing funding for the 
Strategic Environmental Research and Development Program, known as 
SERDP, from 56.4 to 66.4 million, which matches both the President's 
budget request and the House-passed National Defense Authorization Act 
recently passed on a strong bipartisan vote.
  I offer this amendment on behalf of myself and Mr. Bartlett of 
Maryland and Mr. Hinchey of New York. As members of the Armed Services 
and Appropriations Committees, respectively, they have been leaders in 
the efforts to improve our energy security. And I appreciate the 
bipartisan support of this amendment.
  Unfortunately, without the funding that this amendment would provide, 
the Pentagon would be forced to delay or cancel several strategic 
environmental programs. For example, this funding would support the 
joint sensitive technology and munitions program which develops 
alternatives to TNT. These alternatives are less toxic and have lower 
cleanup costs. The amendment also supports sustainable wastewater 
treatment technology for forward-operating bases in combat zones. The 
purpose of this program is not to protect the environment near the 
bases but to reduce water and fuel consumption associated with waste 
treatment.
  Mr. Chairman, this amendment will also help our military adapt to 
climate change. In Virginia, the Norfolk Naval Base is located at sea 
level. We are largely witnessing rising water levels already in the 
Chesapeake Bay and Atlantic Ocean. This amendment simply provides 
funding equivalent to that which was authorized already by the House 
Armed Services Committee and by the full House and recommended by the 
President.
  I do not believe we should risk delaying or canceling these critical 
defense programs, and I ask my colleagues to support this bipartisan 
amendment.
  With that, I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I rise in support of the gentleman's amendment.
  This amendment would realign 10 million from defense-wide accounts to 
support additional work within the Strategic Environmental Research and 
Development Program. The program was established in 1990 and is jointly 
planned and executed by the Department of Defense, the Department of 
Energy, the Environmental Protection Agency, and other Federal agencies 
and industry.
  The program improves DOD mission readiness and environmental 
performance by providing new scientific knowledge and cost-effective 
technologies in the areas of environmental restoration, munitions 
response, resource conservation, and weapons systems and platforms.
  SERDP enhances military operations, improves military systems' 
effectiveness, enhances military training and readiness, sustains DOD's 
training and test ranges and installation infrastructure, and helps 
ensure the safety and welfare of military personnel and their 
dependents by eliminating or reducing the generation of pollution and 
use of hazardous materials and reducing the cost of remedial actions.
  I urge my colleagues to support this amendment.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, this amendment would offer $10 
million to restore a cut that the committee had already made in the 
operation and maintenance, defense-wide account. Actually, the Defense 
Department offered this up when we were looking to achieve $9 billion 
in savings to reach our allocation. This is one of the areas where the 
Defense Department indicated that there was no problem with taking a 
cut. You will hear me discussing this throughout the day and evening as 
long as we're dealing with this bill.
  We had to come up with $9 billion in reductions from the President's 
request. This is a part of where we found the $9 billion. And since the 
Department did not have any objection to this, in fact, offered this up 
as a possible way of helping with the savings, I must oppose this 
amendment and ask that the Members do so.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Connolly).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CONNOLLY of Virginia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


            Amendment No. 23 Offered by Mr. Broun of Georgia

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

       Page 9, line 6, after the dollar amount insert ``(reduced 
     by $216,556,400)''.
       Page 161, line 12, after the dollar amount insert 
     ``(increased by $216,556,400)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, my amendment would reduce the 
operating budget of the Office of the Defense Secretary by 10 percent, 
moving roughly $217 million to the spending reduction account.
  I have spent a considerable amount of time here on the floor of the 
House during this appropriations process working hard to find spending 
cuts across every level of the Federal Government and across nearly 
every agency.
  The Office of the Secretary has roughly $2.1 billion included in this 
bill for its operation for this fiscal year, which is four times the 
combined operating budget of the Secretaries in our three previous 
fiscal year 12 appropriations bills.

                              {time}  1440

  I understand the challenges that the Secretary of Defense faces on a 
daily basis and the enormity of the department he is tasked with 
overseeing, but even the Department of Defense must do its part to 
reduce the deficit. I urge support of this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I rise in very strong opposition to the gentleman's 
amendment. The decrease appears to be directed at funding provided in 
operation and maintenance defense-wide for the Office of the Secretary 
of Defense.
  The operation and maintenance defense-wide account received a 
thorough review during the committee process

[[Page H4597]]

and has already been reduced by $258 million from the budget request.
  The Office of the Secretary of Defense account has similarly been 
reduced by $36.4 million based on a detailed review of specific 
programs within this account. Adjustments have been made to duplicative 
efforts and to programs that were poorly justified.
  Further reductions risk harm to operations in the defense-wide 
account such as special operations activities; education programs like 
the National Defense University and the Defense Acquisition University; 
and organizations that perform basic operational functions like finance 
and human resources.
  I urge all my colleagues to vote against this amendment.
  Mr. BROUN of Georgia. Would the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Georgia.
  Mr. BROUN of Georgia. I appreciate the gentleman yielding. Actually, 
this just cuts the money, 10 percent, out of the Office of the 
Secretary of Defense. It doesn't go into cutting Special Ops or other 
funds that the gentleman from Washington, my good friend, Mr. Dicks, 
was talking about. It just cuts 10 percent out of the Secretary's 
operating budget.
  I just wanted to clear that up. I thank the gentleman for yielding.
  Mr. DICKS. Unfortunately, that is not the way the gentleman wrote his 
amendment; so I would stand with my provision which says further 
reductions risk harm to operations in the defense-wide account.
  So if you take 10 percent out of the account, it is going to affect 
Special Operations activities; education programs like the National 
Defense University, Defense Acquisition University--and Lord knows, we 
need help in acquisition; and organizations that perform basic 
operational functions like finance and human resources. I stand by my 
statement.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. I rise in opposition to the amendment, and I do 
so reluctantly because I know my good friend is very sincere about 
this. However, Mr. Dicks has spoken the position established by the 
subcommittee very well, and I endorse the comments that Mr. Dicks made 
and rise in opposition to this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.


          Amendment No. 9 Offered by Mr. Connolly of Virginia

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

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $15,000,000)''.
       Page 31, line 17, after the dollar amount, insert 
     ``(increased by $15,000,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. CONNOLLY of Virginia. Mr. Chairman, I am offering this amendment 
on behalf of Mr. Blumenauer, Mr. Hinchey, and Mrs. Capps, who were 
unable to arrange flight schedules to get back here for this 
consideration.
  Mr. Blumenauer's amendment would increase funding for the 
Environmental Security Technology Certification program by $15 million 
to match the authorization of the National Defense Authorization Act 
passed by the House earlier this spring.
  According to the Department, facilities energy represented at least 
$4 billion in direct costs to the taxpayer in fiscal year 2010. The 
Department is paying to heat, cool, light, and operate 539,000 
buildings and structures that hold 2.2 billion square feet.
  The Environmental Security Technology Certification program is 
focused on finding ways to decrease energy demand, develop smart 
distribution systems, and increase the use of alternative and renewable 
energy at U.S. military installations.
  ESTCP was established in 1995 to promote the deployment of proven 
innovative technologies to field or production use. The program 
demonstrations collect cost and performance data for new technologies 
to help these new technologies overcome the barriers to development. 
The goals are to identify the most promising new technologies to help 
DOD improve its environmental remediation, such as unexploded ordnance, 
cleanup, energy performance, and cost savings.
  ESTCP funds projects in five program areas: energy and water; 
environmental restoration; munitions response; resource conservation 
and climate change; and weapons systems and platforms. The program uses 
an energy test bed concept that is focused on finding ways to decrease 
energy demand, develop smart distribution systems, and increase the use 
of alternative and renewable energy at military installations 
worldwide. These projects include energy-efficient lighting, heating, 
and air conditioning such as daylight harvesting, personalized dimming, 
combustion control systems, and high-performance cooling technology.
  ESTCP is funding initiatives that will make advancements in building 
control and retrofits such as the advanced building energy management 
systems and the Zero Energy Housing, which generate 100 percent of 
their power requirements through on-site renewable and demand 
reductions.
  Another project, the LED street lighting system, will deliver 50 
percent energy reductions over existing street light systems at DOD 
facilities around the United States.
  An additional $15 million above the President's budget request will 
help address the immense challenge our military's facilities' energy 
requirements represent. The HASC has authorized ESTCP at $45 million, 
which includes a $15 million increase; and in doing so the authorizers 
created account number 82A for that purpose.
  I appreciate Mr. Blumenauer's work on energy security issues, 
including this amendment; and I ask for its favorable consideration.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, the amendment would redistribute 
$15 million of Army operation and maintenance account funding in order 
to finance the Energy Security and Technical Certification program. The 
program is not authorized. It was added by the House Armed Services 
Committee, but the defense authorization bill is not law. This program 
currently is not authorized; and because of that, the amendment had to 
be written in such a way, as just a straight increase or decrease, 
without actually mentioning the actual program, to avoid being out of 
order.
  Further, the Army operation and maintenance account is funded at over 
$34.5 billion. Should this project remain in the final authorization 
bill and the Department concurs that it is a high enough priority, then 
there are more than enough funds for the Department to execute the 
program.
  Unfortunately, however, I don't have the ability to make that 
determination for the Department on the floor. And because of these and 
other objections, I must oppose the amendment.
  I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. Regrettably, I have to oppose this amendment. My good 
friend from Oregon, Mr. Blumenauer, is one of our most thoughtful 
Members and has been a leader on environmental issues. But in this 
case, we have already doubled the funding for this. I think this is 
unnecessary at this time. We have to constrain spending.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Connolly).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.

[[Page H4598]]

  Mr. CONNOLLY of Virginia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


                   Amendment Offered by Mr. Kucinich

  Mr. KUCINICH. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $3,600,000)''.
       Page 33, line 18, after the dollar amount, insert 
     ``(increased by $3,600,000)''.
       Page 34, line 1, after the dollar amount, insert 
     ``(increased by $3,600,000)''.

  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. KUCINICH. Mr. Chairman, today, along with the support of my 
colleague, Representative Eshoo, I am offering this amendment to help 
an estimated 250,000 ailing veterans of the first gulf war, over one-
third of those who served. It will bring the modest budget for the Gulf 
War Illness Research program within the congressionally directed 
Medical Research program in line with that of its peer programs, to $10 
million.

                              {time}  1450

  Too many veterans of the first gulf war suffer from persistent 
symptoms, such as chronic headache, widespread pain, cognitive 
difficulties, unexplained fatigue, gastrointestinal problems, 
respiratory symptoms, and other abnormalities that are not explained by 
traditional medical or psychiatric diagnoses. Research shows that, as 
these brave soldiers age, they are at double the risk for ALS, or Lou 
Gehrig's disease, as are their non-deployed peers. There may also be 
connections to multiple sclerosis and Parkinson's disease. Sadly, there 
are no known treatments for the lifelong pain these veterans endure.
  In a new landmark report, the Institute of Medicine has recognized 
that and has called for a major national research effort to identify 
treatments. The scientific community has responded with a dramatic 
increase in the quality and quantity of proposals that are submitted to 
the Congressionally Directed Medical Research Programs, otherwise known 
as CDMRP.
  In the FY12 Defense appropriations bill, CDMRP programs, with direct 
relevance to current forces, received a 25 percent increase. The 
research conducted by the Gulf War Veterans Illnesses Research program 
is vital not only for ill gulf war veterans but also for other U.S. 
military forces. As summarized by the IOM committee chair on the topic, 
Dr. Stephen Hauser, gulf war illnesses research is ``vital to the 
health and effectiveness of current and future military forces in 
addition to gulf war veterans.''
  Most encouraging, CDMRP-funded researchers have completed the first 
successful pilot study of a medication to treat one of the major 
symptoms of gulf war illness. Just last month, a report was released on 
the first successful medication treatment study in the history of gulf 
war illness research. The study showed that the low-cost supplement, 
CoQ10, produced significant improvement in one of the most serious 
symptoms of gulf war illness, fatigue with exertion, as well as 
improvements in nearly every other symptom. It is not a cure, and the 
study needs to be replicated in a larger group; but the result is 
extremely encouraging. The next step is for clinical trials, which will 
only be funded by the CDMRP.
  The amendment's offset comes from the Pentagon channel, which is 
costly--over $29 million in the past 3 fiscal years. It's redundant. 
There are eight other Armed Forces Network Television services which 
provide news, entertainment, lifestyle, documentary, and religious 
programming to servicemembers and their families across the globe, and 
it doesn't provide a vital service; but this research is critical to 
our troops in the field now as well as to those who will be fighting in 
the future.
  According to the VA's Research Advisory Committee on Gulf War 
Veterans' Illnesses, the known causes of gulf war illness are from 
exposures incurred in Iraq, like certain pesticides, or are from 
exposures incurred before deployment, like pyridostigmine bromide, 
which is a drug taken as an antidote to the nerve gas sarin. There is 
also some evidence of a link between gulf war illness and a low-level 
exposure to nerve agents, a close proximity to oil well fires, the 
receipt of multiple vaccines, and combinations of gulf war exposures.
  Current forces in Iraq and Afghanistan can still incur each of these 
exposures. That is why the chair of the IOM committee's report on gulf 
war illnesses said: ``This IOM report makes findings and 
recommendations vital to the health and effectiveness of current and 
future U.S. military forces in addition to gulf war veterans.''
  This is a time for us to say thank you to those who have served, to 
say that we understand the suffering that gulf war veterans have had 
with this illness and that we are dedicated to finding higher levels of 
research to make sure that we can relieve their suffering.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, I believe that the Gulf War 
Illness Program is an important medical research area, the program to 
which Mr. Kucinich speaks; but this bill already contains $6.4 million 
for the program. In addition, the Military Construction and Veterans 
Affairs appropriations bill has already included an additional $15 
million for the program.
  The committee has been extremely careful to guarantee that medical 
research programs are funded at the level at which they can be 
adequately dealt with as far as the medical researchers are concerned. 
But in the days of having to reduce our budget by $9 billion, we 
believe that we have already adequately funded this program at $6.4 
million, in addition to the $15 million added by the Subcommittee on 
Military Construction and Veterans Affairs. Therefore, I rise in 
opposition to this amendment.
  I yield back the balance of my time.
  Mr. DICKS. I move to strike the requisite number of words.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I have followed this issue closely ever since the gulf 
war, and I feel that the gentleman has made a very compelling case. I 
think we should add this money, and the offset is acceptable. So I urge 
a ``yes'' vote on the Kucinich amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Kucinich).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. KUCINICH. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.


          Amendment No. 69 Offered by Ms. Jackson Lee of Texas

  Ms. JACKSON LEE of Texas. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $650,000)''.
       Page 33, line 18, after the dollar amount, insert 
     ``(increased by $500,000)''.
       Page 34, line 1, after the dollar amount, insert 
     ``(increased by $500,000)''.

  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. I want to express my appreciation to Mr. 
Young, who is the chairman of the subcommittee, and to Mr. Dicks, who 
is the ranking member, for their long years of service.
  To my colleagues, good news today: the announcement came that the 
President of the United States would send the same sympathy letter to 
families of those soldiers who committed suicide in battle as of those 
who had fallen in different ways in battle. The reason that is good 
news is, in a sentence I am reminded of, the President and his office 
indicated that they did not want to stigmatize the mental health 
concerns of our soldiers.
  I want to pay tribute to the Defense appropriations committee for its 
work on post-traumatic stress disorder and

[[Page H4599]]

to make note of our late friend, Congressman John Murtha, who worked 
with Houston on establishing a new post-traumatic stress disorder 
center. I am grateful for that because, as in all of our States, many 
of us are facing a large numbers of returning soldiers from both Iraq 
and Afghanistan.
  So I ask for my amendment to be supported to increase research and 
development funding for post-traumatic stress disorder and traumatic 
brain injury, which affects our men and women who serve selflessly and 
bravely in our Nation's armed services. My amendment would increase 
research and development funds for PTSD and TBI by $500,000. It will be 
offset by reducing general operations and maintenance and activities of 
the Department of Defense.

                              {time}  1500

  I believe this is critical in ensuring our country's military 
strength as we move toward the 21st century.
  We obviously were aware of post-traumatic stress for those who follow 
the military in all of our wars. We've seen it every day by our Vietnam 
soldiers, those who came home without welcome. We see it in the numbers 
of homeless soldiers, many of them Vietnam vets.
  Over the years, members of the military and veterans have seen a 
drastic increase in the number of cases of PTSD and TBI. PTSD cases in 
the military have risen from 1,614 total cases in 2000 to 88,719 total 
cases in 2010. Additionally, it is reported that 17 percent of all 
active duty soldiers, 25 percent of reserve soldiers, and 19 percent of 
Vietnam veterans suffer from PTSD. Traumatic brain injuries in the 
military have increased from 10,963 total cases in 2000 to 178,876 
total cases in 2010.
  We know that the kinds of explosives that are now used in war cause 
greater damage, or more damage, or damage of this kind to our soldiers. 
Also, in May of this year, a three-judge panel of the Ninth Circuit 
U.S. Court of Appeals ruled that the Department of Veterans Affairs' 
treatment of mentally ill veterans is so inadequate it is 
unconstitutional. We are grateful for the work that has been done, but 
this court said many veterans with severe depression or post-traumatic 
stress disorder are forced to wait weeks for mental health referrals 
and are given no opportunity to request or demonstrate their need for 
expedited care. This is simply unacceptable. The courageous men and 
women of the Armed Forces brave IED attacks, injury, and horrific 
violence to protect the safety and security of the United States.
  I was listening to a soldier on the television speak about his 
injuries and then he mentioned the fact that a soldier in front of him, 
his comrade, his friend, stepped on the IED, but the vast damage was to 
all of those who were around him. And so we know the collateral damage 
is as severe as it might be in any other form of mass war.
  We see the loss of life, but we see the injuries remaining. We must 
in turn care for them, and when they return home we must make it a 
priority--as I know this committee has done--to increase the resources. 
Members of Congress may disagree when it comes to the level of 
commitment and resources of the United States to foreign wars and 
conflicts, however we must not allow these debates and discussions to 
cause us to fail to properly care for these brave soldiers when they 
return home or when they are injured. I believe in Congress and its 
wisdom, and I believe it is committed to taking care of our warriors.
  As the members of the military return to their homes and their 
families, they come without the desire for glory or appreciation. But 
whenever you talk to a vet, they are looking to make sure that they 
have the care that they need. Increasing the amount of resources, 
however small this amendment offers, helps in finding ways to prevent 
and better treat post-traumatic stress disorder and TBI, and is the 
first step that Congress can add to the work that is already being 
done. Access to post-traumatic stress disorder treatment is especially 
important since veterans living in areas that are outside of some of 
our largest centers are less likely to be diagnosed.
  We should not wait. I believe we are of good mind and good will when 
it comes to our soldiers. I ask my colleagues to support the amendment.
  Mr. Chair, today I rise to ask for support of my amendment to 
increase research and development funding for Post Traumatic Stress 
Disorder, PTSD, and Traumatic Brain Injury, TBI, that affects our men 
and women who serve selflessly and bravely in our Nation's Armed 
Services. My amendment will increase research and development funds for 
PTSD and TBI by $500,000, and will be offset by reducing the general 
operations and maintenances and activities of the Department of 
Defense. I believe this is critical to ensuring our country's military 
strength as we move forward into the 21st century.
  Also in May of this year, a three judge panel of the 9th U.S. Circuit 
Court of Appeals ruled that the Department of Veterans Affairs' 
treatment of mentally ill veterans is so inadequate, it is 
unconstitutional. The decision said, ``many veterans with severe 
depression or post-traumatic stress disorder are forced to wait weeks 
for mental health referrals and are given no opportunity to request or 
demonstrate their need for expedited care.''
  This is simply unacceptable.
  The courageous men and women of the Armed Forces brave IEDs, attacks, 
injury, and horrific violence to protect the safety and security of the 
United States, and we must, in turn, care for them when they return 
home. We must make this a priority and increase the resources available 
to help prevent and treat PTSD and TBI.
  Members of Congress may disagree when it comes to the level of 
commitment and resources of the United States to foreign wars and 
conflicts. However, we must not allow those debates and discussions to 
cause us to fail to properly care for these brave soldiers when they 
return home or when they are injured. Congress must separate the war 
from the warrior, and Congress should never fail to care for our 
warriors.
  As the members of the military return to their homes and their 
families, they do not come home seeking glory or appreciation, but no 
soldier should have to come home to inadequate treatment or care for 
the injuries they sustained protecting the freedom of all Americans.
  Increasing the amount of resources specializing finding ways to 
prevent and better treat post-traumatic stress disorder and TBI is the 
first step Congress can take to providing veterans with the services 
they need. Access to post-traumatic stress disorder treatment is 
especially important since veterans living in such areas are less 
likely to be diagnosed and treated for post-traumatic stress disorder.
  America shouldn't wait until soldiers with these injuries are 
discharged to begin treatment. The Department of Defense needs to spend 
more resources on how to detect and treat PTSD and TBI earlier.
  These soldiers need to be certain that Members of Congress will 
ensure that they receive the necessary treatment to guarantee that 
their adjustment back into society is a successful one. Mr. Chairman, I 
urge the adoption of my amendment to ensure no solider is left behind.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in support of the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, there is no doubt that this is a 
tremendously important issue. Traumatic brain injury is something that 
we don't even know what the needs are going to be in the future.
  Our warriors are coming home wounded, yet full of high spirit, 
morale, and wishing to go back to the fight if they were medically 
able. Some of our warriors today don't even know that they have or will 
be exposed to having traumatic brain injury in the future. It is 
something we just don't know the answer to.
  We also know that the medical professionals tell us that they cannot 
use money just to spend it, but they have to use it effectively, and 
they have to use it where it has produced results. In view of this, I 
think it is important to guarantee that we have an adequate source of 
funding for this medical research and the treatment of these wounded 
warriors who suffer with this affliction. And so in view of that, I 
rise in support of the amendment.
  I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. Mr. Chairman, I rise in support of the amendment.
  I would just point out that the committee has added $125 million this 
year and $454 million over the last several years, going back to when 
Mr. Murtha

[[Page H4600]]

and I were chairmen. So we completely concur that this is an important 
issue. The gentlelady has made a very compelling case. I rise in 
support.
  I yield back the balance of my time.
  Mr. BROUN of Georgia. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, I am a physician, and I represent 
Fort Gordon, Georgia. We have a tremendous amount of soldiers as well 
as vets from the Vietnam area with post-traumatic stress disorder. I am 
also in the Navy reserve. I was seeing patients earlier today, and I 
saw a lady who was a sailor, who was an intelligence sailor in 
Afghanistan. She is suffering from PTSD and all the problems associated 
with that.
  At Fort Gordon, Georgia, we are trying to expand the facilities there 
to treat PTSD, to do the research and development--that's a teaching 
hospital as well as a hospital that cares for soldiers. So I applaud my 
friend from Houston's amendment here. It is certainly an extremely 
important issue that we are going to face. We are going to face this 
issue for the next five, six, seven decades as a Nation. We cannot put 
as much emphasis as this issue is going to demand over the next few 
decades even. So it's actually an extremely important amendment. I 
congratulate Ms. Jackson Lee on this amendment, and I rise in support 
of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The amendment was agreed to.


          Amendment No. 67 Offered by Ms. Jackson Lee of Texas

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

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $600,000)''.
       Page 33, line 18, after the dollar amount, insert 
     ``(increased by $500,000)''.
       Page 34, line 1, after the dollar amount, insert 
     ``(increased by $500,000)''.

  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. I want to take a moment, since I have just 
followed my amendment, to thank Mr. Young and Mr. Dicks for seeing an 
expanded category of individuals suffering from PTSD and accepting my 
amendment and working with us. I want to thank Dr. Broun for his 
service and for his direct view of what happens to great Americans, 
soldiers who have sacrificed and they cannot function because of PTSD. 
So I am grateful for that.
  And the reason why I say that, Chairman Young and Ranking Member 
Dicks, is because many people don't realize the work that the Defense 
Appropriations and the Pentagon does on a number of health issues. One 
of them happens to be cancer. I have heard in coffee clutches or around 
dinner tables that cancer is an epidemic. It seems appropriate for the 
Defense Department, which has been at the cutting edge of technology 
over the years, such as the Internet--can be in the lead.
  So I intend to offer an amendment that I would like to discuss with 
Mr. Young and Mr. Dicks, but I intend to withdraw. But it is very 
important. This amendment would increase funding under title 6, Defense 
Health Programs, by $500,000 in order to fund research related to 
triple negative breast cancer, and will be offset by reducing the 
general operations and maintenance and activities at the Department of 
Defense.

                              {time}  1510

  I am hoping my colleagues will work with me on this, and I hope they 
will be reminded of a young woman by the name of Yolanda Evette 
Williams, who was an outstanding medical professional who fought 
against this triple-negative strain of cancer and left behind a 
husband, a mother, and two children. It is a specific strain of breast 
cancer for which no targeted treatment is available. The American 
Cancer Society calls this particular strain of breast cancer ``an 
aggressive subtype associated with lower survival rates.''
  I offer this amendment to increase funding for research, not to take 
away moneys from others, but I would certainly like to, out of this 
discussion, have this kind of cancer looked upon as we are doing our 
research to develop a targeted treatment for the triple-negative breast 
cancer strain. Breast cancers with specific, targeted treatment methods 
such as hormone- and gene-based strains have higher survival rates than 
the triple-negative subtype, highlighting the need for a targeted 
treatment.
  Just to say a word about Yolanda, she was a dedicated member of the 
Good Hope Baptist Church. She was a graduate of Texas Southern 
University. She received a number of degrees. She was a member of the 
Jack and Jill. Her mother was a medical professional, Dr. Lois Moore. 
She was a chief clinical officer for the Atrium Medical Center Hospital 
in Stafford, Texas, having a long history, even though she was very 
young, of her commitment as a nurse to medical care. This young woman 
did not have a chance because of this enormous strain that does not 
have a high survival rate. It is treatment, is hormone- and gene-based 
strains, and it has, as I said, a difficult time of survival.
  Mr. DICKS. Will the gentlelady yield?
  Ms. JACKSON LEE of Texas. I yield to the gentleman from Washington.
  Mr. DICKS. I appreciate the sincerity and the gentlelady's commitment 
to these programs. I have been a supporter of these programs over the 
years. Triple-negative breast cancer is a very, very aggressive and 
difficult type of cancer. As the Department goes through its work, 
peer-reviewed research, we will bring this up next year in our hearings 
and ask them what they're doing about this.
  Ms. JACKSON LEE of Texas. I appreciate it.
  Let me just say, breast cancer accounts for one in four cancer 
diagnoses among women. The American Cancer Society estimates that in 
2011, more than 26,000 African American women will be diagnosed with 
breast cancer and another 6,000 will die. This impacts all women, of 
all backgrounds, and my interest is to make sure that every subset has 
a seat at the table, Chairman Young, so that no matter what ethnic 
background you come from, you will not, in essence, suffer the 
opportunity for full research.
  My amendment was $500,000. It is in tribute to the honor and the 
leadership and the life of Yolanda Williams. I would like to ask my 
colleagues here on the Appropriations Committee to allow me to engage 
with you and to possibly modify, as we go forward, language to just say 
that this money will be available for difficult strains of cancer so 
that her life will be honored and that we would be able to move 
forward.
  In conclusion, I would indicate that I had the privilege and honor of 
paying tribute to Ms. Williams at her home-going service. I want to 
offer to her family again, her husband, her children, her mother and 
all her family members, my deepest sympathy for this valiant American 
woman. With that, I know that we will work together.
  Mr. Chair, I rise today in support of my amendment #67 to H.R. 2219, 
the ``FY2012 Department of Defense Appropriations Act.'' My amendment 
would increase funding under Title VI Defense Health Programs by 
$500,000 in order to fund research related to triple negative breast 
cancer, and will be offset by reducing the general operations and 
maintenances and activities of the Department of Defense.
  Triple negative breast cancer is a specific strain of breast cancer 
for which no targeted treatment is available. The American Cancer 
Society calls this particular strain of breast cancer ``an aggressive 
subtype associated with lower survival rates.'' I offer this amendment 
to increase funding for research in order to develop a targeted 
treatment for the triple negative breast cancer strain. Breast cancers 
with specific, targeted treatment methods, such as hormone and gene 
based strains, have higher survival rates than the triple negative 
subtype, highlighting the need for a targeted treatment.
  Breast cancer accounts for 1 in 4 cancer diagnoses among women in 
this country. It is also the most commonly diagnosed cancer among 
African American women. The American Cancer Society estimates that in 
2011, more than 26,000 African American women will be diagnosed with 
breast cancer, and another 6,000 will die from the disease.

[[Page H4601]]

  Between 2002 and 2007, African American women suffered a 39 percent 
higher death rate from breast cancer than other groups. African 
American women are also 12 percent less likely to survive five years 
after a breast cancer diagnosis. One reason for this disparity is that 
African American women are disproportionally affected by triple 
negative breast cancer. More than 30 percent of all breast cancer 
diagnoses in African American are of the triple negative variety. Black 
women are far more susceptible to this dangerous subtype than white or 
Hispanic women.
  Mr. Chairman, last month, I spoke at a funeral for Yolanda Williams, 
one of my constituents in the 18th Congressional District of Texas. 
Yolanda died from her battle with triple negative breast cancer. Like 
many other women who are diagnosed with this aggressive strain, she did 
not respond to treatment. Yolanda, wife and mother of two daughters, 
was only 44 years old.
  This strain of breast cancer is not only more aggressive, it is also 
harder to detect, and more likely to recur than other types. Because 
triple negative breast cancer is difficult to detect, it often 
metastasizes to other parts of the body before diagnosis. Seventy 
percent of women with metastatic triple negative breast cancer do not 
live more than five years after being diagnosed.
  Research institutions all over the nation have started to focus on 
this dangerous strain of breast cancer. In my home city of Houston, 
Baylor College of Medicine has its best and brightest minds working 
tirelessly to develop a targeted treatment for the triple negative 
breast cancer subtype. It is time for the Department of Defense to 
follow that example and commit additional funding to study the triple 
negative strain.
  I urge my colleagues to join me in protecting women across the nation 
from this deadly form of breast cancer by supporting my amendment.
  I ask unanimous consent to withdraw the amendment.
  The Acting CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $3,047,033,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,323,134,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $271,443,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $3,310,459,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $6,979,232,000.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $6,094,380,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $13,861,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

       For the Department of the Army, $346,031,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

       For the Department of the Navy, $308,668,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $525,453,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority provided elsewhere in this 
     Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $10,716,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

[[Page H4602]]

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $276,495,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 407, 2557, and 2561 of title 10, United States Code), 
     $107,662,000, to remain available until September 30, 2013.

                  Cooperative Threat Reduction Account

       For assistance to the republics of the former Soviet Union 
     and, with appropriate authorization by the Department of 
     Defense and Department of State, to countries outside of the 
     former Soviet Union, including assistance provided by 
     contract or by grants, for facilitating the elimination and 
     the safe and secure transportation and storage of nuclear, 
     chemical and other weapons; for establishing programs to 
     prevent the proliferation of weapons, weapons components, and 
     weapon-related technology and expertise; for programs 
     relating to the training and support of defense and military 
     personnel for demilitarization and protection of weapons, 
     weapons components and weapons technology and expertise, and 
     for defense and military contacts, $508,219,000, to remain 
     available until September 30, 2014.

      Department of Defense Acquisition Workforce Development Fund

       For the Department of Defense Acquisition Workforce 
     Development Fund, $105,501,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $6,487,481,000, to remain available for obligation until 
     September 30, 2014.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,464,223,000, to remain available for obligation until 
     September 30, 2014.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $2,178,886,000, to remain available for 
     obligation until September 30, 2014.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,952,625,000, to remain available for obligation until 
     September 30, 2014.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; communications and electronic equipment; 
     other support equipment; spare parts, ordnance, and 
     accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $9,371,952,000, to remain available for obligation until 
     September 30, 2014.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $17,804,750,000, to remain available 
     for obligation until September 30, 2014.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $2,975,749,000, to remain available for obligation until 
     September 30, 2014.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $633,048,000, to remain available for obligation until 
     September 30, 2014.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long lead time 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $554,798,000;
       Virginia Class Submarine, $3,221,314,000;
       Virginia Class Submarine (AP), $1,461,361,000;
       CVN Refueling (AP), $529,652,000;
       DDG-1000, $453,727,000;
       DDG-51, $1,978,314,000;
       DDG-51 (AP), 100,723,000;
       Littoral Combat Ship, $1,755,093,000;
       LHA Replacement, $1,999,191,000;
       LPD-17, $1,833,444,000;
       Joint High Speed Vessel, $185,106,000;
       Oceanographic Ships, $89,000,000;
       Moored Training Ship (AP), $131,200,000;
       Service Craft, $3,863,000;
       LCAC Service Life Extension Program, $84,076,000;
       For outfitting, post delivery, conversions, and first 
     destination transportation, $270,639,000; and
       Completion of Prior Year Shipbuilding Programs, 
     $73,992,000.
       In all: $14,725,493,000, to remain available for obligation 
     until September 30, 2016: Provided, That additional 
     obligations may be incurred after September 30, 2016, for 
     engineering services, tests, evaluations, and other

[[Page H4603]]

     such budgeted work that must be performed in the final stage 
     of ship construction: Provided further, That none of the 
     funds provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only; expansion of public and 
     private plants, including the land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway, 
     $5,996,459,000, to remain available for obligation until 
     September 30, 2014.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,453,602,000, to remain available for obligation until 
     September 30, 2014.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $13,987,613,000, to remain available for obligation until 
     September 30, 2014.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $5,689,998,000, to remain available for obligation until 
     September 30, 2014.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $522,565,000, to remain available for obligation until 
     September 30, 2014.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only; lease of passenger motor vehicles; and expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $17,260,619,000, to remain available for obligation 
     until September 30, 2014.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only; expansion of public and private plants, 
     equipment, and installation thereof in such plants, erection 
     of structures, and acquisition of land for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $5,046,447,000, to remain 
     available for obligation until September 30, 2014.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $29,964,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $9,381,166,000, to remain available 
     for obligation until September 30, 2013.

                              {time}  1520


            Amendment No. 24 Offered by Mr. Broun of Georgia

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

       Page 30, line 11, after the dollar amount insert ``(reduced 
     by $25,798,000)''.
       Page 161, line 12, after the dollar amount insert 
     ``(increased by $25,798,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. This amendment eliminates both the 
Environmental Quality Technology Research account and the management 
support set to accompany that research under the Department of Army, 
sending $25.7 million to the spending reduction account.
  Much of the research conducted by the Army is of merit and deserves 
the funding provided. Without some of these research programs, we would 
not have many of the technologies that protect our servicemembers and 
make them more effective soldiers. However, I do not see the need for 
the Army to conduct research on technologies pertaining to 
environmental quality. This type of research would be best conducted in 
the university or in the private sector.
  Asking the Army to research something that does not directly coincide 
with their direct mission is imprudent, and these funds would be better 
used in reducing the burden of debt on our Nation.
  I urge my colleagues to support this amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. The Army's environmental research program develops 
technologies that support the long-term sustainment of Army training 
and testing activities by improving the Army's ability to comply with 
the requirements of Federal, State, and local environmental and health 
laws and reducing the cost of this compliance.
  The program develops technologies to decontaminate or neutralize Army 
unique hazardous and toxic waste at sites containing waste ammunition, 
explosives, heavy metals, propellants, chemical munitions, and other 
organic contaminants. This research concentrates on technology to avoid 
the potential for future hazardous waste problems by reducing hazardous 
waste generation through process modification and control, materials 
recycling, and substitution.
  This program also supports military readiness by developing 
technologies to predict and mitigate range and maneuver constraints 
associated with current and emerging weapon systems, doctrine, and 
regulations. This program supports both DOD and environmental 
stewardship and military requirements. Therefore, I urge my colleagues 
to reject the gentleman's amendment.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.

[[Page H4604]]

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, the Army budget documents 
submitted to the committee during our lengthy hearing process--and they 
were lengthy--stated that funding in the request for this purpose is to 
support the long-term sustainment of Army training and testing 
activities by improving the Army's ability to comply with requirements 
mandated by Federal, State, and local environmental laws.
  In other words, what we're dealing with here is an issue that the 
military is mandated to comply with by existing law.
  We have already--and I said this before, and I'm going to say it 
again probably numerous times today--we have already reduced the 
President's budget request for the defense bill for fiscal year 2012 by 
$9 billion. It wasn't easy. We made a lot of cuts, and I just don't 
think that we should take this cut. And so I object and I oppose this 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The amendment was rejected.


            Amendment No. 25 Offered by Mr. Broun of Georgia

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

       Page 30, line 11, after the dollar amount insert ``(reduced 
     by $22,796,000)''.
       Page 161, line 12, after the dollar amount insert 
     ``(increased by $22,796,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, my amendment zeroes out the HIV 
research RDT funding under the Department of Army, moving $22.7 
million to the spending reduction account. Again, here we see research 
being conducted by a military that does not focus on the core mission 
of national security.
  HIV research is being conducted in my home State of Georgia at the 
Centers for Disease Control, as well as at the National Institutes of 
Health. It is this type of duplication the American people have 
demanded that Congress eliminate.
  This may mean agencies and departments coordinating more effectively 
to share information, but we must all work together, more sufficiently 
in the name of reduced spending. I urge support of this amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. HIV poses a threat to military personnel in terms of 
readiness and force protection, and may affect the stability and 
security of many nation states.
  American troops deployed to areas of the world such as sub-Saharan 
Africa and Asia face an increased risk of exposure to the HIV virus. 
Targeted research into prevention of infection, treatment, and cures is 
needed to reduce this threat to U.S. military personnel, protect U.S. 
military readiness, and decrease treatment costs for the Department of 
Defense health infrastructure.
  The bill provides a total of $24 million above the request, including 
$8 million in the defense health program and $16 million in Research, 
Development, Test and Evaluation, Army, related to HIV/AIDS research. 
This funding will enhance efforts to prevent new HIV infections in the 
military, develop better tests and treatment options for military 
personnel and health care beneficiaries, and provide for a 
comprehensive program of research and development on preventive HIV 
vaccines. I urge my colleagues to reject this amendment.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the 
amendment, which would eliminate all of the funds for the Army's 
military HIV research program.
  Since 1986, the military has recognized the HIV epidemic as a threat 
to U.S. and allied forces worldwide, and this program has evolved to 
become an important international partner in efforts to combat this 
disease. With over 33 million infections worldwide, HIV poses a 
significant threat to our own military who are serving our Nation 
throughout the world.
  Additionally, HIV has been identified as a national security priority 
in the President's national security strategy since 2002.

                              {time}  1530

  Previous funding for the Military HIV Research Program has helped 
ensure a safe blood supply for our warfighters. More recently, funding 
has supported the first vaccine clinical trial, which showed a 
reduction in the risk of HIV infections to humans.
  This funding for the Military HIV Research Program will continue to 
support the development of an HIV vaccine, ensure accurate HIV testing 
for the Army, track the prevalence of HIV in the military population, 
and assess the risk of HIV exposure to U.S. and allied forces deployed 
overseas.
  This amendment would eliminate all $22.8 million of funds for this 
very important Army program, and so I must oppose the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The amendment was rejected.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $17,798,950,000, to remain 
     available for obligation until September 30, 2013: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces: Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.


            Amendment No. 26 Offered by Mr. Broun of Georgia

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

       Page 30, line 18, after the dollar amount insert ``(reduced 
     by $21,714,000)''.
       Page 161, line 12, after the dollar amount insert 
     ``(increased by $21,714,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, my amendment eliminates the 
environmental protection research under the Department of the Navy, 
sending $21.7 million to the spending reduction account. Again, we see 
research being conducted that is not directly related to the Armed 
Forces' mission, which could and should be conducted elsewhere.
  Currently, the Department of Energy, EPA, Department of the Interior, 
and NASA are all conducting similar environmental protection research 
like the Department of Defense. This is yet another example of 
duplicative programs conducting duplicative research. Instead, let's 
free up the Navy to research technologies that fulfill their 
constitutional obligation of providing for the common defense of our 
Nation and its citizens, while decreasing unnecessary spending.
  I urge support of this amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. Many environmental laws, regulations, and policies impose 
restrictions on Navy vessels, aircraft, and facilities that would 
impede Navy operations if not met. The Navy must be able to conduct its 
national security mission in compliance with applicable environmental 
requirements in the U.S. and abroad without compromising performance, 
safety, or health, while simultaneously minimizing the cost of 
compliance.
  This program develops and evaluates processes, hardware, systems, and 
operational procedures which allow the Navy to operate in U.S., 
foreign, and international waters, air, space, and

[[Page H4605]]

land areas while complying with environmental laws, regulations, 
Executive orders, policies, and international agreements. Projects 
funded in this program support Navy compliance with the Clean Water 
Act, the Act to Prevent Pollution from Ships, the International 
Convention for the Prevention of Pollution from Ships, and numerous 
others.
  I come from an area where the Navy operates very effectively in the 
State of Washington, and these kinds of onboard waste disposal are 
absolutely critical; because when you serve on a nuclear submarine, you 
are out there for many, many days, and you have got to have things 
onboard ship as well to deal with these kinds of problems.
  So I think this is in the best interests of the Navy, and I urge a 
``no'' on the gentleman's amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The amendment was rejected.


            Amendment No. 21 Offered by Mr. Broun of Georgia

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

       Page 30, line 18, after the dollar amount insert ``(reduced 
     by $9,140,000)''.
       Page 31, line 17, after the dollar amount insert 
     ``(increased by $9,140,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, my amendment would eliminate the 
Navy's funding for NATO research and development and transfer $9.1 
million to the Israeli Cooperative Program.
  The Secretary of Defense has gone on record stating that, and I 
quote, ``The NATO alliance has been used by many European nations as a 
means to subsidize their own defense spending with U.S. taxpayer 
money.'' I cannot agree more with the Secretary. Many members of NATO 
refuse to bear their share of the cost and risk.
  Instead, Mr. Chairman, we should invest our valuable research dollars 
in an ally who is more than willing to pull its weight and take the 
fight to the enemy. The Israeli Cooperative Program is a ballistic 
missile program comanaged by Israel and the United States that will 
ensure the capability of our two missile defense programs.
  Mr. Chairman, we have never had a greater need for missile defense, 
not only in this Nation, but in the Middle East with our great ally 
Israel. We have no greater ally in the Middle East than Israel. And our 
research programs should reflect our commitment to those allies who 
stand ready and willing to partner with us to protect our mutual 
interests. This would strengthen that mutual interest and strengthen 
that partnership.
  Mr. Chairman, I urge support of this amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. NATO funding in this bill should not be curtailed because 
the U.S. and the NATO nations are one another's closest partners, and 
the NATO alliance has been a vital and successful part of U.S. foreign 
policy dating back to its formation in 1949. While the alliance must 
evolve in light of changing world events, there is no other practical 
option to structure U.S. strategic and security cooperation with our 
European allies.
  For all NATO nations, the alliance allows for security capabilities 
and a structure to control operations that the allies on their own 
could not afford to maintain. Active participation in NATO also allows 
the U.S. to pursue defenses against emerging threats, such as 
implementation of improved missile defense capabilities. To maintain 
its commitment to NATO, the U.S. must continue to contribute funding to 
NATO programs.
  I urge my colleagues to vote ``no'' on this amendment.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to this 
amendment.
  NATO has been a very, very important part of keeping peace in the 
world. Are there some changes that might be necessary in NATO as we see 
the world unfold and the world develop differently? Maybe so. But it 
should not be done in a hit-or-miss, helter-skelter way.
  Mr. Dicks and I, as the leaders of the Defense Appropriations 
Committee, have already had several lengthy meetings on this subject. 
And we have agreed that following the completion of this fiscal year's 
Defense appropriations bill, we plan to hold hearings and look 
thoroughly into what we see as the role of NATO today, tomorrow, and 
next year. But in the meantime, it's important that we don't do any 
serious damage to NATO, which is probably one of the most effective 
international organizations at maintaining peace that we have in the 
world. So I must object to the gentleman's amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.

                              {time}  1540

  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $26,313,196,000, to remain 
     available for obligation until September 30, 2013.


                     Amendment Offered by Mr. Welch

  Mr. WELCH. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 6, after the dollar amount, insert ``(reduced 
     by $297,023,000)''.
       Page 161, line 12, after the dollar amount, insert 
     ``(increased by $297,023,000)''.

  The Acting CHAIR. The gentleman from Vermont is recognized for 5 
minutes.
  Mr. WELCH. Mr. Chairman, as you know, to govern is to choose. To 
write a budget is where governing makes choices.
  My amendment raises the question as to whether or not spending $297 
million for research in the next generation of fighter is the right 
choice to make at this time.
  Mr. DICKS. Will the gentleman yield?
  Mr. WELCH. I yield to the gentleman from Washington.
  Mr. DICKS. It's not a fighter; it's a bomber.
  Mr. WELCH. Bomber, yes.
  Mr. DICKS. It's a much different type of airplane.
  Mr. WELCH. I misspoke. The gentleman is correct--$297 million for the 
next generation of bomber. Is that the right choice?
  Here's the question: Number one, it may be desirable, but is it 
affordable? The Office of Management and Budget did not include this as 
a recommendation in the budget, nor did the President, who is charged 
more than anyone else in this country with our national defense. We 
have the right, as a Congress, and the constitutional responsibility to 
make our own judgments.
  Mr. Dicks does a great job at that, as does Mr. Young.
  But we have to ask the question as to whether or not, when our Office 
of Management and Budget, our House Armed Services Committee both say 
that the current fleet of bombers--bombers, Mr. Dicks--is functioning 
very well, can we afford at this time $297 million for additional 
research?
  Now, the question is, it may be desirable but is it affordable when 
we have this horrendous budget squeeze that we know is dividing this 
Congress because we have to make some very tough choices in the future.
  The second question that comes up is whether something that may be 
desirable comes at a cost that is unacceptable. Now, the Defense budget 
is large,

[[Page H4606]]

unnecessarily so; but it is the one item of spending that has been 
exempt from cuts.
  The Environmental Protection Agency is going to be down 15 percent, 
NASA down 10 percent. Yet the spending increase in the Pentagon is 
going to be substantial despite the enormous budget pressures in this 
ongoing, very serious debate we are having about revenues and taxes 
that embraces both sides of the aisle.
  The third question is if it's necessary, is there some burden on 
those who have the responsibility of overseeing taxpayer dollars in the 
Defense budget to poke around and find that $300 million somewhere else 
in a nearly $700 billion budget?
  So those are the questions. It's not a direct assertion that we must 
suspend forever research on the next generation of bombers, but it is 
asking those questions in this time: Just because something is 
desirable, does that make it affordable?
  If it's desirable, at what cost does it come and, if it's necessary, 
are there other places in a $700 billion budget that we can find this 
$300 million to do research that will allow us to proceed, and that's 
what this amendment asks. It says tough choices for America have to 
begin here, and they have to include tough choices within the Pentagon 
budget.
  I yield back the balance of my time.
  Mr. DICKS. I rise in very strong opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. First of all, I have to again correct the record here that 
the President of the United States, OMB and Defense Department 
requested $197 million.
  Our committee held hearings with the Air Force and found, from a lot 
of dialogue with the three companies that are competing, that we might 
be able to accelerate this bomber replacement program if we could get 
an additional $100 million. So the President requested $197 million, 
and we added $100 million to that because we see that this program is 
vitally important.
  Now, I led the fight many years ago in the House on the B-2 bomber, 
and my colleagues got very tired of listening to me on this. But we 
started with that program at 125 bombers, and we wound up with only 20. 
So we need another stealth bomber, which can reach around the world as 
we have seen the B-2 do just recently.
  This is a very high priority of the Air Force. I mean, next to 
tankers, the replacement of the bomber and along with the Joint Strike 
Fighter, are going to be the top priorities for the Air Force. So this 
would be a catastrophic blow to terminate this program.
  And though I have the greatest respect for the gentleman from 
Vermont, I would say that I would stay with the committee, which 
unanimously supported this program, has always supported modernization 
of our strategic bombers and our strategic modernization of our 
submarines, which are two of the major issues that our committee is 
dealing with.
  So, again, I urge a ``no'' vote on this amendment.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in very strong opposition 
to this amendment.
  I have suggested so many times that I would not do anything, produce 
any bill or support any bill, that negatively affects our soldiers or 
that negatively our affects readiness.
  Well, this bomber is a long time from production because it takes 
time to develop a new bomber due to the nature of that vehicle. But by 
the time it gets online, we are going to need the new bomber because 
the old bombers are going to be old.
  Now, without going into all the details that Mr. Dicks did, and he 
did a very good job of explaining in detail why this new bomber is 
needed, just let me relate a story that happened to me as a freshman 
and a member of the Armed Services Committee after a lengthy hearing 
with the United States Marine Corps.
  This very, very distinguished, very powerful-looking marine came to 
me after the hearing and he said, listen, son--he called me son back in 
those days--he said, listen, son, we marines will go anywhere to fight 
any war our country sends us to. We will fight on the beach, we will 
fight on the sea, we will fight in the hills, we will fight in the 
jungle. Just promise me that as a Member of Congress you will do 
everything in your power to make sure that any airplane that flies over 
the battlefield is an American airplane. You can certainly understand 
why the troops on the battlefield would want that to be the case, why 
he would want that bomber flying overhead to be an American, why he 
would want that fighter flying overhead to be an American, why he would 
want that strike fighter flying over the battlefield to be an American. 
It just makes good common sense that if you are going to send troops to 
war, make sure that the aircraft that fly over the battlefield belong 
to us and not to the enemy.
  And, having said that, I again say I strongly oppose this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Vermont (Mr. Welch).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. WELCH. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Vermont will 
be postponed.

                              {time}  1550


            Amendment No. 22 Offered by Mr. Broun of Georgia

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

       Page 31, line 6, after the dollar amount insert ``(reduced 
     by $4,424,00)''.
       Page 31, line 17, after the dollar amount insert 
     ``(increased by $4,424,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, this amendment is nearly 
identical to the amendment that transfers NATO research to U.S.-Israeli 
missile defense. This one simply takes the $4.4 million in the Air 
Force's NATO R program and places those funds in the Israeli 
Cooperative Program for Israel and the United States, who are 
cooperating to develop a missile defense system that will help them 
and, as well, help us.
  We must stand by Israel now and always. My amendment makes a positive 
step towards growing our relationship and solidifying security in the 
Middle East. It will help Israel, but it will help the United States 
also.
  I urge my colleagues to support my amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. NATO funding in this bill should not be curtailed because 
the United States and the NATO nations are one another's closest 
partners, and the NATO alliance has been a vital and successful part of 
U.S. foreign policy dating back to the formation in 1949 during the 
Truman administration. While the alliance must evolve in light of 
changing world events, there is no other practical option to structure 
U.S. strategic and security cooperation with our European allies.
  For all NATO nations, the alliance allows for security capabilities 
and a structure to control operations that the allies on their own 
could not afford or maintain. Active participation in NATO also allows 
the U.S. to pursue defenses against emerging threats such as 
implementation of improved missile defense capabilities.
  To maintain its commitment to NATO, the United States must continue 
its contribution to all aspects of the NATO program, including research 
and development activities.
  I urge my colleagues to vote ``no'' on this amendment.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.

[[Page H4607]]

  Mr. FRELINGHUYSEN. I associate my remarks with the ranking member 
from Washington State in opposing this amendment.
  NATO is a strong ally. We have a multiple-year generational 
commitment to NATO. We do a lot of joint projects, a lot of research 
and development that is jointly developed, and we need their support 
and they need our support.
  I rise in opposition to Mr. Broun's amendment.
  I yield back the balance of my time.
  Mr. NADLER. I move to strike the last word, Mr. Chairman.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. NADLER. Mr. Chairman, I rise in support of this amendment. I 
think it is a very good amendment offered by the gentleman from 
Georgia.
  And while I certainly concur with the words of the distinguished 
ranking member of the committee and the earlier words of the chairman 
for how important NATO is, the fact of the matter is that, as Defense 
Secretary Gates told us a couple of weeks ago, the European members of 
NATO are not pulling their weight. They're not spending the kind of 
money that we are spending. They're not spending the kind of money that 
Israel is spending on their own defense. They're not putting in very 
much effort at all. We're carrying the burden.
  And the fact of the matter is, as we're seeing in Libya where they're 
running out of ammunition after a couple weeks' fighting with a nothing 
power, NATO, or at least the European allies, simply aren't spending 
money. They're relying on us to do it. They ought to get used to 
spending a little of their own money on this.
  The fact of the matter is that Israel is spending 7\1/2\ percent of 
its GDP on the military. She has to because she is the object of the 
Iranians and others who want to destroy her. And we are getting our 
money's worth because Israel's technical expertise in antimissile 
defenses in the Iron Dome, which we are helping with, is feeding back 
to us.
  So switching these funds from NATO to Israel will benefit the United 
States in terms of antimissile technology; will benefit Israel, which 
is putting in 7\1/2\ percent of GDP; and may give a little more weight 
to Secretary Gates' words when he says to the European members of NATO 
that if they want to pull their weight, they ought to start pulling 
their weight and spending a little more money instead of--I think 
they're spending under 2 percent of GDP for defense now. And if they 
want to be allies of the United States, which we need them to be and 
which they should be, it can't be a one-way alliance.
  This amendment will help Israel, will help us, will help the cause of 
opposing terrorism generally, and send a little message to the European 
allies: Maybe you ought to start thinking, if you're going to pull your 
weight in NATO, pull your weight in NATO.
  Mr. BROUN of Georgia. Will the gentleman yield?
  Mr. NADLER. I yield to the gentleman from Georgia.
  Mr. BROUN of Georgia. I thank the gentleman for yielding. I 
appreciate his support of this amendment.
  And I will remind Members that Iran is developing short-range, 
medium-range as well as long-range missile technology, as well as it is 
developing a nuclear weapon. We have never needed this kind of joint 
research with the Israelis to help prevent not only a missile attack or 
further missile attacks on Israel, which they get every day, but we 
need, for our own defense, to put more money into this instead of 
supporting NATO.
  I think this is extremely important that we plus up this missile 
defense research for Israel, for our own selves, and I thank the 
gentleman for supporting the amendment.
  Mr. NADLER. Reclaiming my time, to sum up, this helps the Israelis; 
it helps the United States; it helps the general security; and it sends 
the message to the European allies they should start looking into maybe 
putting some real effort into NATO, which they haven't been doing in 
recent years, as our Secretary of Defense Gates said recently.
  Let's support Secretary of the Department of Defense Gates and let's 
get them to start making a little effort and send them a little message 
here.
  So I support the gentleman's amendment.
  Mr. BROUN of Georgia. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $19,324,865,000, to 
     remain available for obligation until September 30, 2013.


                    Amendment Offered by Mr. Stearns

  Mr. STEARNS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 17, after the dollar amount, insert 
     ``(reduced by $16,000,000)''.
       Page 33, line 18, after the dollar amount, insert 
     ``(increased by $16,000,000)''.
       Page 34, line 1, after the dollar amount, insert 
     ``(increased by $16,000,000)''.

  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. STEARNS. Mr. Chairman, this is a very simple amendment. 
Basically, I am taking 16 million, not billion, $16 million from a part 
of the Department of Defense budget, which is called defense-wide 
appropriations, where there's almost 20 billion. So I'm asking to take 
roughly .0008, or .08 percent, from this defense-wide appropriations 
which is used for other than military departments. So it is not even 
applicable to the Army, Navy, and Air Force, not the military 
departments, but it is used by the Secretary of Defense for the 
maintenance, lease, and operation of facilities and equipment. And what 
I'm doing is taking this $16 million and I'm transferring it to the 
Peer-Reviewed Prostate Cancer Research Program.
  Funding levels, my colleagues, for this program, has gone down 
dramatically since 2001. Right now, it's funded at $64 million. It was 
funded in 2001 at 100. It has continually come down and down and down. 
So I'm not asking to take it up to the 2001 level; I'm just asking to 
take it up to perhaps what it was in 2005.

                              {time}  1600

  I think, without going into all of the details, this is a very wise 
move because funding levels for this program have continually 
decreased, yet prostate cancer is the second-leading cause of male 
cancer-related death in the United States, with an estimated 27,360 
casualties just last year. There are no noticeable symptoms in early 
stages. The use of widespread testing, however, has led to 9 out of 10 
cases of early detection. That is why this very paltry amount of $16 
million in funding would be better spent for prostate cancer research 
for our military than abroad.
  According to the Prostate Cancer Research Program, the PCRP, active 
duty males are twice as likely to develop prostate cancer than their 
civilian counterparts. Research funded by the PCRP advances treatment 
and procedures for warfighters exposed to chemical weapons, soldiers 
exposed to chemical agents such as Agent Orange, and those exposed to 
depleted uranium. Congress has consistently supported funding levels of 
over $80 million annually for this important cause, yet it is only 
funded at $64 million.
  The PCRP funds innovative high-risk, high-reward research projects 
supporting basic and clinical research in both the individual and 
multidisciplinary collaborative group setting. Funding for the PCRP 
enables research to advance faster and to be better prepared to apply 
for future funding from the National Institute of Health or to advance 
clinical trials. Unlike any

[[Page H4608]]

other Federal cancer research programs, any other, the PCRP award 
review panels are made up of the country's top researchers and prostate 
cancer survivors, together making sure that innovative ideas rapidly 
benefit all men and families burdened by this disease.
  In 2010, the PCRP, along with the Clinical Consortium, helped 
shepherd two new drugs through clinical trials. Both drugs are designed 
to prolong a man's life with prostate cancer. These drugs moved through 
the clinical trials process and have made their way to the bedside of 
men dying from prostate cancer to extend their lives. This public-
private partnership is an incredible way to maximize productivity of 
government funded and privately funded medical research.
  So I ask my colleagues to support my simple amendment to transfer $16 
million from defense-wide appropriation, which is other than military 
which they use presently for maintenance, lease, operational facilities 
and equipment, and it represents a 0.08 percent reduction of this other 
military-wide funding.
  With that, Mr. Chairman, I include the letter to me regarding the 
Department of Defense Prostate Cancer Research Program from the 
Prostate Cancer Foundation for the Record.


                                   Prostate Cancer Foundation,

                                   Santa Monica, CA, July 6, 2011.
     Hon. Cliff Stearns,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Congressman Stearns: Founded in 1993, the Prostate 
     Cancer Foundation (PCF) has raised more than $450 million to 
     fund more than 1,500 prostate cancer research programs at 
     nearly 200 research centers in 12 countries. Our research 
     enterprise aims to improve prostate cancer prevention, 
     diagnosis, and treatment for the more than 16 million men and 
     their families battling prostate cancer worldwide. PCF also 
     serves as a primary source for new standard-of-care and 
     research information.
       Prostate cancer poses a substantial public health burden in 
     America. A total of 240,890 new cases of prostate cancer and 
     33,720 deaths from the disease are anticipated in the United 
     States in 2011, making it the most frequent nondermatologic 
     cancer among U.S. males. A man's lifetime risk of prostate 
     cancer is one in six. Prostate cancer is the second leading 
     cause of cancer death in men, exceeded only by lung cancer.
       At this time, the Prostate Cancer Foundation would like to 
     express our strong support for increasing the $64 million 
     provided for the Department of Defense's Prostate Cancer 
     Research Program (DoD PCRP) by the fiscal year 2012 Defense 
     Appropriations Act, H.R. 2219 by an additional $16 million. 
     Without this addition, the 20% decrease from the fiscal year 
     2011 $80 million appropriation would effectively return the 
     DoD PCRP funding level to what it was ten years ago. This 
     decrease will mean that we lose hundreds of thousands of 
     American lives to lethal prostate cancer in the next few 
     years.
       In a unique public-private partnership with the Prostate 
     Cancer Foundation, the Department of Defense Prostate Cancer 
     Research Program co-sponsors the Prostate Cancer Clinical 
     Trials Network (PCCTC), which is the world's most 
     comprehensive ``first in man'' phase I/II clinical trials 
     group for prostate cancer composed of 13 Centers of 
     Excellence in genitourinary oncology. The Consortium has 
     helped to bring to market 2 new medicines for men with 
     advanced prostate cancer that were approved by the FDA in 
     2010-11: namely, XGEVATM (denosumab)--Amgen Inc. 
     and ZYTIGATM (abiraterone acetate)--Johnson & 
     Johnson. More than 2,700 patients have had access to 83 
     clinical trials since 2005 through the Department of 
     Defense's sponsorship of this Consortium.
       Since 1997, when the DoD PCRP was initiated, about $1.1 
     billion has been appropriated by Congress and used to fund 
     more than 2,000 prostate cancer research studies across the 
     U.S. Since 2006, this program has been funded at $80 million 
     per year. The Department of Defense Prostate Cancer Research 
     Program is America's leading undiluted support to find and 
     fund the best prostate cancer research. The research funded 
     by DoD PCRP has led to many dramatic improvements in our 
     Nation's prostate health, from decreases in deaths due to 
     prostate cancer to increased life expectancy for men facing 
     terminal diagnoses.
       Today, continued life-saving progress for prostate cancer 
     patients is threatened because of the possibility of 
     decreased funding through the Department of Defense Prostate 
     Cancer Research Program. The funding for the Department of 
     Defense Prostate Cancer Research Program is not duplicative 
     with funding at the National Cancer Institute. While PCF 
     understands and appreciates the budgetary constraints 
     currently facing our Nation, PCF also believes that advances 
     in prostate cancer research must remain a very high national 
     priority.
       Critical funding is needed in order to maintain clinical 
     and translational research that will lead to the development 
     of new cancer therapies and technologies that will help 
     prostate cancer patients. On behalf the Prostate Cancer 
     Foundation, our Board of Directors, and the two million men 
     and their families battling prostate cancer in America, I 
     urge you to restore funding for the Department of Defense 
     Prostate Cancer Research Program at $80 million per year in 
     fiscal year 2012.
       Thank you for your careful consideration of this important 
     request.
           Sincerely,
     Jonathan W. Simons, MD,
       President and Chief Executive Officer.
     David H. Koch,
       Chair.
                                  ____

                                      The Prostate Cancer Clinical


                                            Trials Consortium,

                                       New York, NY, July 5, 2011.
     Prostate Cancer Foundation Board of Directors,
     Fourth Street,
     Santa Monica, CA.
       Ladies and Gentlemen of the Board: The Prostate Cancer 
     Clinical Trials Consortium (PCCTC) is the nation's premier 
     prostate cancer clinical research group, established in 2005 
     in response to unmet needs identified by physician 
     investigators and prostate cancer advocates. Our 
     infrastructure, jointly supported by the Prostate Cancer 
     Foundation (PCF) and appropriations to the U.S. Department of 
     Defense (DOD) budget via the Congressionally Directed Medical 
     Research Program (CDMRP), enables the 13 member institutions 
     to capitalize on their scientific and clinical expertise in 
     order to fulfill our singular mission: to design, implement 
     and complete hypothesis-driven early-phase trials of novel 
     agents and combinations that could prolong the lives of men 
     with prostate cancer. Crucial to our capacity to turn 
     scientific discoveries into improved standards of care is the 
     continued sponsorship of the PCCTC's unique approach to 
     multi-institutional clinical research.
       A model for successful drug co-development, the PCCTC 
     established an organizational structure that accelerates and 
     streamlines the clinical research process by facilitating 
     collaboration between key stakeholders while centralizing 
     scientific, logistical, and regulatory components of trial 
     management. To keep the pipeline primed with promising novel 
     agents, we select and prioritize clinical development 
     opportunities based on the strength of the science and design 
     highly informative trials incorporating biomarkers to measure 
     medically significant results. Moreover, the diverse array of 
     our expertise including genomics, cancer biology, trial 
     design and biomarker development, uniquely qualifies PCCTC 
     investigators to translate discoveries made from highly 
     innovative prostate cancer research funded by the PCF 
     beginning in the early 1990s into robust clinical programs.
       By addressing the barriers to efficient trial activation 
     and completion our centralized management of research 
     activities has affected the progress in prostate cancer 
     research beyond PCCTC member institutions. Notable 
     accomplishments include: since inception, the PCCTC has 
     enrolled over 2700 men--greater than 10% from 
     disproportionately affected populations--to 90 clinical 
     trials, evaluating more than 50 therapeutic strategies; PCCTC 
     designated as the clinical trials group for the NCI-sponsored 
     Specialized Programs of Research Excellence (SPORE) in 
     prostate; nearly 25% of early-phase interventional prostate 
     cancer trials conducted in the U.S. are led by PCCTC 
     investigators; over 85% of PCCTC trials are activated within 
     1 year; consortium investigators integral to the development 
     of the prostate cancer clinical states model, standard 
     clinical trial endpoints (PCWG2) and Bone Scan Tool for 
     uniform interpreting and reporting of bone scintigraphy data; 
     consortium programs have directly led to phase III testing of 
     eight drugs including MDV3100, tasquinimod, ipilimumab and 
     the FDA-approved drug abiraterone (Zytiga).
       Despite the PCCTC's substantial advances, the threat of 
     CDMRP funding cutbacks is of great concern to the consortium 
     and prostate cancer community. With no known substitutes for 
     the public-private partnership between PCF and DOD, early 
     withdrawal of funding will drastically compromise our 
     continued progress. The PCCTC depends on these funds to 
     execute an expanding portfolio of services which foster the 
     unprecedented collaboration between investigators and 
     industry sponsors, strategically positioning us to lead 
     exciting new programs (e.g., XL184 and ARN-509). Before we 
     can implement a business model that would allow us to 
     function independently, these vital resources remain 
     necessary if we are to attract potential sponsors with our 
     built-in advisory boards, expedited regulatory processes, 
     unified contracting and budgeting and our track record of 
     quickly accruing patients to trials at diverse and reputable 
     institutions. However, the most significant impact will be on 
     our ability to impact the lives of men with prostate cancer 
     without the infrastructure to support the high-risk, high-
     reward projects that have become the hallmark of PCCTC 
     research.
       Critical unmet needs in prostate cancer remain. Preserving 
     the PCCTC's distinctive drug development paradigm allows the 
     nation's most talented clinical investigators to fulfill our 
     mission of delivering needed therapies to men with prostate 
     cancer faster by designing and executing hypothesis-driven 
     phase I and phase II trials. Your foresight to strategically 
     support the PCCTC and its investigators from inception of the 
     organization is commendable. These investments

[[Page H4609]]

     originate in many forms and our gratitude for your confidence 
     and continued support is immense.
           Sincerely,
         Howard I. Scher, MD; Robert DiPaola, MD; Elisabeth Heath, 
           MD; Michael A. Carducci, MD; George Wilding, MD; Maha 
           H. Hussain, MD, FACP; Daniel George, MD; Celestia 
           Higano, MD, FACP; Walter M. Stadler, MD; Christopher J. 
           Logothetis, MD; Charles Ryan, MD; Tomasz M. Beer, MD; 
           Mary-Ellen Taplin, MD.
                                  ____


          10 Things Everyone Should Know About Prostate Cancer

       1. 1 in every 6 men will get prostate cancer sometime in 
     his life. It was projected that over 192,000 cases were 
     diagnosed in 2009.
       2. The chances of getting prostate cancer are 1 in 3 if you 
     have just one close relative (father, brother) with the 
     disease. The risk is 83% with two close relatives. With 
     three, it's almost a certainty (97%).
       3. African-American men are at special risk for the 
     disease, with the highest rate of prostate cancer in the 
     world: 1 in 4 men. African American men are 2.5 times more 
     likely to die from the disease.
       4. Prostate cancer is the second-leading cause of male 
     cancer-related death in the United States. An estimated 
     27,360 men died from prostate cancer last year.
       5. There are no noticeable symptoms of prostate cancer 
     while it is still in the early stages. This is why getting 
     tested is so critical.
       6. Every man age 45 or over should resolve to be tested 
     annually. African-American men or those with a family history 
     of the disease should start annual testing at 40.
       7. Before early detection through PSA testing, only 1 in 4 
     prostate cancer cases were found while still in the early 
     stages. With the widespread use of testing, about 9 out of 10 
     cases are now found early--giving men a fighting chance.
       8. Nearly 100% of men diagnosed with prostate cancer while 
     it is still in the early stages are still alive 5 years from 
     diagnosis*. Of men diagnosed in the late stages of the 
     disease, 33.4% survive 5 years*.
       9. Testing for prostate cancer involves a simple blood test 
     and a physical exam. It takes about 10 minutes and is covered 
     by health insurance in many states.
       10. Obesity is a significant predictor of prostate cancer 
     severity. Men with a body mass index over 32.5 have about \1/
     3\ greater risk of dying from prostate cancer. Research shows 
     high cholesterol levels are strongly associated with advanced 
     prostate cancer.
       *Does not include those who died from causes other than 
     prostate cancer.
       All prostate cancer statistics are 2009 estimates reported 
     by the American Cancer Society.
                                  ____


                     Understanding Prostate Cancer


                         What is the Prostate?

       The prostate gland is part of the male reproductive system; 
     it produces fluid for semen. The prostate is about the same 
     size and shape as a walnut, and sits in front of the rectum 
     and below the bladder, where it surrounds the urethra that 
     carries urine out from the bladder.


                        What is Prostate Cancer?

       Normally, cells grow and divide in an orderly way. 
     Sometimes this normal process can go wrong. If abnormal cells 
     continue to divide, they can form cancer tumors. Prostate 
     cancer tends to occur in the cells lining the prostate. Its 
     growth is usually slow and supported by male hormones. 
     Prostate cancer cells can spread to other parts of the body.
       There are no noticeable symptoms of prostate cancer while 
     it is still in the early stages, which is why testing is so 
     critical. In more advanced stages, symptoms may include 
     difficult or frequent urination, blood in the urine or bone 
     pain.


                            WHO IS AT RISK?

       45 is often considered the age to begin annual prostate 
     cancer testing. Men at higher risk, such as African-American 
     men and those with a family history of prostate cancer, 
     should begin getting tested no later than age 40. All men 
     should start discussing early detection with their doctors at 
     age 40.*


                       TOOLS FOR EARLY DETECTION

       The goal of early detection is to find the disease in its 
     early stages when treatment is most likely to be effective. 
     There are two widely used tests to aid in the early detection 
     of prostate cancer.
       Blood Test--PSA. This simple blood test measures the level 
     of protein called prostate-specific antigen (PSA). Normally, 
     PSA is found in the blood at very low levels. Elevated PSA 
     readings can be a sign of prostate cancer; however, PSA 
     levels can be elevated for reasons other than cancer.
       Physical Exam--DRE. The digital rectal exam (DRE) is a 
     simple, safe and only slightly uncomfortable physical exam 
     performed by your physician.
       These exams are usually done together to increase the 
     accuracy of diagnosis. Although PSA will detect most high-
     risk cancers, there can be cancers that will be missed by 
     this test and can be detected by the physical exam.
       * According to the National Comprehensive Cancer Network.
                                  ____

                                          Zero, The Project to End


                                              Prostate Cancer,

                                                   Washington, DC.
       To Whom it May Concern: ZERO--The Project to End Prostate 
     Cancer is the nation's leading prostate cancer organization 
     providing advocacy for increased federal funds for life-
     saving research, education and free testing. Our goal at ZERO 
     is to create ``Generation ZERO'' the first generation of men 
     free from prostate cancer.
       One of the government initiatives that we strongly support 
     is the Congressionally Directed Medical Research Program and 
     the Prostate Cancer Research Program. The PCRP strives to 
     conquer prostate cancer by funding medical research that will 
     eliminate death and suffering from the disease. The PCRP 
     labors to reach this goal by funding innovative research with 
     near-term impact, sponsoring multidisciplinary synergistic 
     research, funding translational studies, investing in 
     research on patient survivorship and improving quality of 
     life.
       An example of the innovative nature of the PCRP is the 
     Clinical Trials Consortium. To address the significant 
     logistical challenges of multicenter clinical research, the 
     PCRP began support of a clinical trials consortium for rapid 
     Phase I and Phase II clinical trials of promising new 
     treatments for prostate cancer.
       Since their first PCRP award in 2005, each site has 
     fulfilled key responsibilities to clinical trails and design 
     and recruitment. Nearly 70 trials with more than 1,800 
     patients have taken place, leading to potential treatments 
     that will soon be at patients' bedsides. Two recently 
     approved drugs (XGEVA and ZYTIGA) benefited from PCRP funding 
     and the consortium accelerating their approval time by more 
     than 2 years.
       The Department of Defense Appropriations Act for FY2012 
     contains a 20 percent cut to the funding of the PCRP. If 
     enacted, the funding for the PCRP will be cut from $80 to $64 
     million. This amount would be the lowest amount of funding 
     the program has received since 1999 when Congress allocated 
     $50 million to the PCRP.
       ZERO requests that the PCRP funding levels for FY2012 be 
     restored to 2011 levels. Continuing our commitment to 
     prostate cancer research is crucial to the more than 240,800 
     men that will be diagnosed and the 33,720 who will die from 
     prostate cancer in 2011.
           With Sincere Appreciation,

                                             Kevin S. Johnson,

                                          SVP Government Relations
                                                     and Advocacy.

  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise to speak in favor of the 
amendment.
  I have been very much involved in peer-reviewed prostate cancer 
research in my home State. I have certainly made a commitment to that 
community to support additional funds. We are willing to accept the 
gentleman's amendment.
  Mr. DICKS. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
  Mr. DICKS. I am so thrilled that the gentleman from Florida has an 
amendment that I can support. I join with you, and I urge everyone to 
support the gentleman's amendment.
  Mr. STEARNS. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentleman from Florida.
  Mr. STEARNS. I thank the gentleman from Washington.
  Oftentimes, I give him an amendment which he has very little time to 
look at. Again this happened, but I am very pleased he is supporting my 
amendment.
  With that, obviously I will not call for a vote. I appreciate the 
appropriators supporting my amendment.
  Mr. FRELINGHUYSEN. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Stearns).
  The amendment was agreed to.


                   Amendment Offered by Mr. Sessions

  Mr. SESSIONS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 17, after the dollar amount, insert 
     ``(reduced by $10,000,000)''.
       Page 33, line 18, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 34, line 1, after the dollar amount, insert 
     ``(increased by $10,000,000)''.

  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. SESSIONS. Mr. Chairman, first, I would like to recognize the 
gentleman, C.W. ``Bill'' Young, who is a stalwart not only to this 
Congress but also to the men and women of the United States military, 
for his hard work in support of not only making

[[Page H4610]]

sure our men and women have what they need, but making sure that he 
stands behind that, making sure that they get money well spent on 
behalf of the taxpayers.
  Also, I would like to thank Chairman Hal Rogers and certainly the 
gentleman from Washington (Norm Dicks) for their hard work and 
dedication and trying to work on traumatic brain injury, known as TBI, 
and also posttraumatic stress disorder, PTSD, and to thank all three of 
them, and others in this Congress, for their continued support by 
increasing funding for TBI and PTSD in this overall bill by $125 
million.
  While I understand the long-standing practice of the committee for 
not designating specific TBI funds, my amendment confirms the House's 
support for this amendment which I have offered many times, and 
certainly related to TBI in May of this year to the National Defense 
Authorization Act of 2011.
  Mr. DICKS. Would the gentleman yield?
  Mr. SESSIONS. I would yield to the gentleman.
  Mr. DICKS. The gentleman explained to me that the $10 million would 
not be part of the government program, that this would give people with 
traumatic brain injury, posttraumatic stress disorder, an option to go 
to the private sector?
  Mr. SESSIONS. In fact, that is correct. What has previously been in 
the Defense Armed Services Committee, the policy that would allow men 
and women of the military who have TBI to be able to take these funds 
and be able to use them outside of the Department of Defense to what I 
would call private sector.
  Mr. DICKS. What about TRICARE, which is a private company?
  Mr. SESSIONS. They could take it where they choose to, not where they 
are designated to go by the Department of Defense; that would be 
correct.
  Mr. DICKS. I thank the gentleman for yielding.
  Mr. SESSIONS. On May 26, 2011, during the NDAA debate, the House 
unanimously adopted an amendment to create a pilot program administered 
by the Department of Defense that would begin treating our troops 
coming back home from theater with TBI and PTSD. Today, Congress has 
the opportunity to appropriate funds that would be used to treat our 
active duty and veterans suffering from TBI and PTSD.
  My amendment specifically moves $10 million from the more than $19 
billion in the Research, Development, Test and Evaluation Defense 
Program to increase the defense health program by $10 million. Once 
again, this money will assist directly these soldiers and others in the 
military who have TBI-related injuries to be able to go to private 
sector facilities with the utilization of taxpayer dollars for them to 
get leading-edge treatments on these issues.
  In April 2007, the Department of Veterans Affairs screened veterans 
who were serving in Iraq and Afghanistan since 2001 for symptoms 
associated with TBI. More than 19 percent of these veterans screened 
positive for TBI symptoms. This is a big issue.
  According to the U.S. Army, the number of soldiers leaving active 
duty service has increased by 64 percent from 2005 to 2009 due to brain 
health, whether it was TBI, PTSD, or a mental illness. A 2009 Rand 
study estimates that costs related to depression, PTSD, and TBI in our 
soldiers ranges from $4 billion to $6.2 billion over a 2-year period of 
time.
  Today, health care providers all over this country are treating brain 
injury patients with new and innovative treatments with remarkable 
results. Unfortunately, many of these treatments are not available 
within military or veteran medical facilities for our heroes that I 
have previously discussed who are suffering from TBI.
  Our troops put themselves on the line every day, and I think they 
deserve every opportunity to receive this treatment that is available 
for their recovery. This pilot program created in NDAA will provide for 
that treatment and recovery.
  As has been talked about here on the floor of the House of 
Representatives, $10 million out of $19 billion should be allocated to 
this. I appreciate all of my colleagues not only learning more about 
this issue, also wanting to be a part of how we can help these men and 
women making groundbreaking treatments for our Nation's veterans and 
active duty soldiers.
  I yield back the balance of my time.

                              {time}  1610

  Mr. FRELINGHUYSEN. I move to strike the last word.
  The Acting CHAIR (Mrs. Miller of Michigan). The gentleman from New 
Jersey is recognized for 5 minutes.
  Mr. FRELINGHUYSEN. We accept the gentleman's amendment.
  Mr. DICKS. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
  Mr. DICKS. We accept the amendment too.
  Mr. FRELINGHUYSEN. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Sessions).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $191,292,000, to remain available for obligation 
     until September 30, 2013.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,575,010,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $1,100,519,000, to remain available until 
     expended:  Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (engines, reduction 
     gears, and propellers); shipboard cranes; and spreaders for 
     shipboard cranes:  Provided further, That the exercise of an 
     option in a contract awarded through the obligation of 
     previously appropriated funds shall not be considered to be 
     the award of a new contract:  Provided further, That the 
     Secretary of the military department responsible for such 
     procurement may waive the restrictions in the first proviso 
     on a case-by-case basis by certifying in writing to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that adequate domestic supplies are not 
     available to meet Department of Defense requirements on a 
     timely basis and that such an acquisition must be made in 
     order to acquire capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense as 
     authorized by law, $32,317,459,000; of which $30,497,735,000 
     shall be for operation and maintenance, of which not to 
     exceed 1 percent shall remain available until September 30, 
     2013, and of which up to $16,092,272,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $632,518,000, to remain available for obligation until 
     September 30, 2014, shall be for procurement; and of which 
     $1,187,206,000, to remain available for obligation until 
     September 30, 2013, shall be for research, development, test 
     and evaluation:  Provided, That, notwithstanding any other 
     provision of law, of the amount made available under this 
     heading for research, development, test and evaluation, not 
     less than $8,000,000 shall be available for HIV prevention 
     educational activities undertaken in connection with United 
     States military training, exercises, and humanitarian 
     assistance activities conducted primarily in African nations.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,554,422,000, of which $1,147,691,000 
     shall be for operation and maintenance, of which no less than 
     $103,097,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $30,615,000, for 
     activities on military installations and $72,482,000, to 
     remain

[[Page H4611]]

     available until September 30, 2013, to assist state and local 
     governments; and $406,731,000 to remain available until 
     September 30, 2013, shall be for research, development, test 
     and evaluation, of which $401,768,000 shall be only for the 
     Assembled Chemical Weapons Alternatives (ACWA) Program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for operation and 
     maintenance; for procurement; and for research, development, 
     test and evaluation, $1,208,147,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act: Provided further, That $23,000,000 may not be obligated 
     or expended until the Secretary of Defense submits an 
     implementation plan for the expansion of prescription drug 
     testing to the congressional defense committees.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

       For the ``Joint Improvised Explosive Device Defeat Fund'', 
     $220,634,000, to remain available until September 30, 2014, 
     for Staff and Infrastructure: Provided, That such funds shall 
     be available to the Secretary of Defense, notwithstanding any 
     other provision of law, for the purpose of allowing the 
     Director of the Joint Improvised Explosive Device Defeat 
     Organization to investigate, develop and provide equipment, 
     supplies, services, training, facilities, personnel and funds 
     to assist United States forces in the defeat of improvised 
     explosive devices: Provided further, That not later than 60 
     days of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a plan 
     for the intended management and use of the amounts provided 
     under this heading: Provided further, That the Secretary of 
     Defense shall submit a report not later than 60 days after 
     the end of each fiscal quarter to the congressional defense 
     committees providing assessments of the evolving threats, 
     individual service requirements to counter the threats, the 
     current strategy for predeployment training of members of the 
     Armed Forces on improvised explosive devices, and details on 
     the execution of the Fund: Provided further, That the 
     Secretary of Defense may transfer funds provided herein to 
     appropriations for operation and maintenance; procurement; 
     research, development, test and evaluation; and defense 
     working capital funds to accomplish the purpose provided 
     herein: Provided further, That amounts transferred shall be 
     merged with and available for the same purposes and time 
     period as the appropriations to which transferred: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That the Secretary of Defense 
     shall, not fewer than 15 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $346,919,000, of which 
     $286,919,000 shall be for operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; of which $1,000,000, to 
     remain available until September 30, 2014, shall be for 
     procurement; and of which $1,600,000, to remain available 
     until September 30, 2013, shall be for research, development, 
     testing, and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $513,700,000.

               Intelligence Community Management Account

       For necessary expenses of the Intelligence Community 
     Management Account, $458,225,000.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year: Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                     (including transfer of funds)

       Sec. 8005.  Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $4,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section shall be made prior to 
     June 30, 2012: Provided further, That transfers among 
     military personnel appropriations shall not be taken into 
     account for purposes of the limitation on the amount of funds 
     that may be transferred under this section.
       Sec. 8006. (a) With regard to the list of specific 
     programs, projects, and activities (and the dollar amounts 
     and adjustments to budget activities corresponding to such 
     programs, projects, and activities) contained in the tables 
     titled ``Explanation of Project Level Adjustments'' in the 
     explanatory statement regarding this Act, the obligation and 
     expenditure of amounts appropriated or otherwise made 
     available in this Act for those programs, projects, and 
     activities for which the amounts appropriated exceed the 
     amounts requested are hereby required by law to be carried 
     out in the manner provided by such tables to the same extent 
     as if the tables were included in the text of this Act.
       (b) Amounts specified in the referenced tables described in 
     subsection (a) shall not be treated as subdivisions of 
     appropriations for purposes of section 8005 of this Act: 
     Provided, That section 8005 shall apply when transfers of the 
     amounts described in subsection (a) occur between 
     appropriation accounts.
       Sec. 8007. (a) Not later than 60 days after enactment of 
     this Act, the Department of Defense shall submit a report to 
     the congressional defense committees to establish the 
     baseline for application of reprogramming and transfer 
     authorities for fiscal year 2012: Provided, That the report 
     shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by budget activity and program, project, and activity as 
     detailed in the Budget Appendix; and
       (3) an identification of items of special congressional 
     interest.
       (b) Notwithstanding section 8005 of this Act, none of the 
     funds provided in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional defense 
     committees, unless the Secretary of Defense certifies in 
     writing to the congressional defense committees that such 
     reprogramming or transfer is necessary as an emergency 
     requirement.

[[Page H4612]]

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award: Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advanced procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
        Funds appropriated in title III of this Act may be used 
     for a multiyear procurement contract as follows:
        UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and 
     MH-60R/S Mission Avionics and Common Cockpits.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8012. (a) During fiscal year 2012, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2013.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987: Provided further, 
     That this section applies only to active components of the 
     Army.
       Sec. 8015. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.


                 Amendment No. 62 Offered by Mr. Amash

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

       Strike Section 8015.

  The Acting CHAIR. The gentleman from Michigan is recognized for 5 
minutes.
  Mr. AMASH. Madam Chair, within the last month, the House has voted to 
strike problematic and anticompetitive A-76 language from H.R. 2017, 
the Department of Homeland Security appropriations bill, and from H.R. 
2112, the

[[Page H4613]]

Agriculture appropriations bill. The same change and reversal of bad 
policy should be adopted in this legislation by striking section 8015.
  My amendment does just that. As drafted, section 8015 prohibits the 
Department of Defense from contracting out any function unless it will 
save a minimum of $10 million or 10 percent of the department's 
performance costs even if the contractor is less costly overall and can 
perform the work more efficiently.
  Independent studies have found that public-private competitions lower 
costs by between 10 and 40 percent regardless of whether the 
competition is won by a private contractor or the government. Rather 
than stand in the way of public-private competitions, Congress should 
cut the redtape and make the use of this cost-saving process easier, 
not harder.
  The requirements in section 8015 are largely codified in existing 
statute. Retaining section 8015 will obstruct and potentially nullify 
any current efforts to reform the system in ways that improve public-
private competitions and bring much needed consistency and reliability 
to the process.
  Instead of complicating the use of competitions that improve service 
and lower costs, we should be encouraging agencies to find the most 
efficient way to deliver services. This amendment will send that 
message by reducing restrictions on the Department of Defense and by 
making it easier to achieve reforms that will increase the availability 
of cost-saving competitions throughout the department.
  I urge my colleagues to support this commonsense, taxpayer-first 
amendment to H.R. 2219.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. This amendment would repeal section 8015 of the bill, 
which in various forms has been included in the bill for the past 14 
years.
  This section requires that, before work is contracted out, the 
Department of Defense must conduct a formal cost comparison to 
determine whether privatization would actually save money. The section 
also provides an exemption to ease contracting with businesses owned by 
disadvantaged persons, qualified nonprofit entities for disadvantaged 
persons, or businesses owned by Native Americans. In cases where 
outsourcing is appropriate, one of the fundamental reasons would be to 
lower government operating costs.
  Requiring the DOD to actually conduct this analysis under the A-76 
review is reasonable and should be included in this bill, so I urge my 
colleagues to reject this amendment. I must say we have done these A-76 
reviews across the country, and many times we find that the government 
entity reorganizes itself and can actually do the work at a lesser cost 
than the private sector.

                              {time}  1620

  And the other problem with this whole thing is, once the private 
sector gets it, the costs go right through the roof.
  So you need to have an analysis done after contracting out is done to 
make sure that you're not getting ripped off. So I strongly oppose the 
gentleman's amendment.
  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Amash).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. DICKS. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Michigan 
will be postponed.
  The Clerk will read.
  The Clerk read as follows:


                          (transfer of funds)

       Sec. 8016.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8017.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process): Provided 
     further, That for the purpose of this section, substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8018.  None of the funds available to the Department 
     of Defense, herein and hereafter, may be used to demilitarize 
     or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, 
     .22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or 
     to demilitarize or destroy small arms ammunition or 
     ammunition components that are not otherwise prohibited from 
     commercial sale under Federal law, unless the small arms 
     ammunition or ammunition components are certified by the 
     Secretary of the Army or designee as unserviceable or unsafe 
     for further use.
       Sec. 8019.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8020.  In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 1906 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8021.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8022.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8023. (a) Of the funds made available in this Act, not 
     less than $30,945,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,838,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counter-
     drug activities, and drug demand reduction activities 
     involving youth programs;
       (2) $2,190,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $917,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8024. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development

[[Page H4614]]

     center (FFRDC), either as a new entity, or as a separate 
     entity administrated by an organization managing another 
     FFRDC, or as a nonprofit membership corporation consisting of 
     a consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2012 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2012, 
     not more than 5,750 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs:  Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2013 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $125,000,000.
       Sec. 8025.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada: Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate: Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8026.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8027.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8028. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.


                    Amendment Offered by Ms. Sutton

  Ms. SUTTON. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 60, line 9, insert after the period the following: 
     ``Such report shall also indicate whether such items or parts 
     of such items are available for purchase in the United 
     States.''
  Mr. YOUNG of Florida. Madam Chairman, I reserve a point of order on 
the gentlewoman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The gentlewoman from Ohio is recognized for 5 minutes.
  Ms. SUTTON. Madam Chair, I rise today to shine a light on how America 
is spending defense dollars.
  This week, we will vote on a $530 billion Defense budget. Some of 
that money will go towards pay for our soldiers; some of that money 
will go towards ensuring our military families are cared for. But when 
it comes to buying everything from building materials to fighter jets, 
as much of that money as possible should go towards buying American. 
Every dollar we spend on a part or a piece of equipment manufactured 
overseas when we can easily build it at home is doing our men and women 
in uniform and our manufacturing base a disservice.
  This is a clarifying amendment that will increase transparency within 
the Department of Defense by having the Department indicate whether 
parts purchased overseas are available here in the United States.
  Taxpayers deserve to know where the Defense dollars are going. They 
want to see their taxpayer dollars used to purchase quality products 
and materials produced right here in the United States by American 
workers; and when that doesn't happen, they want and deserve to know 
why.
  Currently, the Department of Defense is granting tens of thousands of 
waivers to allow for taxpayer dollars to buy equipment made overseas. 
If our tax dollars are going to buy a part made overseas, taxpayers 
deserve to know if that part is available in Michigan or Ohio or 
anywhere else in the United States. My amendment simply uses the 
current Department of Defense data and the requirements set forth in 
this section and adds more transparency by highlighting areas where our 
government is sending money overseas instead of keeping it at home.
  If we are truly to put Americans back to work, we must make sure that 
Congress is doing everything it can towards that end. This amendment is 
one small step that we can take right now. This clarifying amendment 
will only serve to shine a light on taxpayer dollars being invested in 
the wrong place and show where those funds can be diverted in a way 
that can make a difference for jobs here at home.
  I encourage my colleagues to pass this commonsense clarifying 
amendment to ensure increased transparency for American taxpayers and 
encourage our Department of Defense to buy American, because that is 
what taxpayers want and that is what American workers deserve.
  Madam Chair, I yield back the balance of my time.


                             Point of Order

  Mr. YOUNG of Florida. Madam Chairman, I make a point of order against 
the amendment because it proposes to change existing law and 
constitutes legislation in an appropriations bill and therefore 
violates clause 2 of rule XXI.
  The rule states in pertinent part: ``An amendment to a general 
appropriation bill shall not be in order if changing existing law.'' 
This amendment imposes additional duties.
  I ask for a ruling from the Chair.
  The Acting CHAIR. Does any other Member wish to speak to the point of 
order?
  Ms. SUTTON. Madam Chair, I rise in opposition to the point of order. 
This is simply a clarifying amendment. It clarifies information that is 
already being gathered in this section.
  Since 2007, Congress has mandated that the Department of Defense 
begin tracking waivers that allow the Department to buy products from 
overseas. Currently, to qualify for a waiver from the Buy America 
requirements, the Department of Defense has to comply with one of eight 
criteria. One of those criteria is proving that there is

[[Page H4615]]

no domestic product available. This section of the bill already 
requires the Department of Defense to report back to Congress on the 
amount of their purchases from foreign entities and the dollar value of 
items for which the Buy American Act was waived.
  My amendment simply uses the current Department of Defense data and 
the requirements set forth in this section and adds more transparency 
by highlighting areas where our government is sending money overseas 
instead of keeping it at home.

                              {time}  1630

  As I said, if we are truly to put Americans back to work, we must 
make sure that Congress is doing everything it can towards that end. It 
would seem ashamed for this objection to stand to an amendment that 
just ensures transparency in a section that is already being used to 
gather information.
  The Acting CHAIR. Does any other Member wish to speak to the point of 
order? If not, the Chair is prepared to rule.
  The gentleman from Florida makes a point of order that the amendment 
constitutes legislation in violation of clause 2 of rule XXI.
  Section 8028 of the bill constitutes legislation. It has been 
permitted to remain in the bill by way of a waiver of that point of 
order. Under the precedents, it may be modified by a germane amendment, 
as long as the amendment does not contain additional legislation.
  The amendment modifies the terms of a report required by section 
8028(b) of the bill. It requires the inclusion in the report of certain 
information regarding domestic availability of certain products.
  By requiring additional detail in the report, the amendment is not 
``merely perfecting'' but, rather, proposes additional legislation. It 
therefore violates clause 2 of rule XXI.
  The point of order is sustained.
  Mr. YOUNG of Florida. Madam Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. I do so to make this announcement: that there 
are a number of points of order lying on amendments that we will be 
considering shortly. It will be my hope that we can reserve the point 
of order so that the Member propounding the amendment can also have 
their 5 minutes to explain the amendment. As long as that courtesy is 
not abused, I will continue to allow that, but if it does appear to be 
abused, then we will raise the point of order immediately.
  I yield back the balance of my time.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2012. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8029.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8030. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
       Sec. 8031.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8032. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2013 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8033.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2013: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2013.
       Sec. 8034.  Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8035.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8036. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8037.  None of the funds appropriated by this Act 
     shall be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;

[[Page H4616]]

       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to ensure that a new product or idea of 
     a specific concern is given financial support: Provided, That 
     this limitation shall not apply to contracts in an amount of 
     less than $25,000, contracts related to improvements of 
     equipment that is in development or production, or contracts 
     as to which a civilian official of the Department of Defense, 
     who has been confirmed by the Senate, determines that the 
     award of such contract is in the interest of the national 
     defense.
       Sec. 8038. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats.
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense.
       Sec. 8039.  The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement regarding this Act.

                             (rescissions)

       Sec. 8040. Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``National Defense Sealift Fund'', 2002/XXXX, $20,444,000;
       ``National Defense Sealift Fund'', 2003/XXXX, $8,500,000;
       ``National Defense Sealift Fund'', 2004/XXXX, $6,500,000;
       ``Aircraft Procurement, Navy'', 2010/2012, $90,000,000;
       ``Aircraft Procurement, Navy'', 2011/2013, $55,000,000;
       ``Weapons Procurement, Navy'', 2011/2013, $35,427,000;
       ``Procurement of Ammunition, Navy and Marine Corps'', 2011/
     2013, $8,612,000;
       ``Shipbuilding and Conversion, Navy'', 2011/2015, 
     $110,351,000;
       ``Aircraft Procurement, Air Force'', 2011/2013, 
     $30,000,000;
       ``Missile Procurement, Air Force'', 2011/2013, 
     $122,500,000;
       ``Other Procurement, Air Force'', 2011/2013, $90,000,000;
       ``Procurement, Defense-Wide'', 2011/2013, $45,000,000;
       ``Research, Development, Test and Evaluation, Navy'', 2011/
     2012, $34,771,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     2011/2012, $105,000,000;
       ``Research, Development, Test and Evaluation, Defense-
     Wide'' , 2011/2012, $318,000,000.

     Notwithstanding any other provision of law, none of the funds 
     provided may be used for the construction of additional 
     sealift capacity, as described under the heading ``National 
     Defense Sealift Fund'' in Public Law 107-117, Public Law 107-
     248, and Public Law 108-87, or for the purposes described in 
     section 115 of division H of Public Law 108-199, as amended 
     by section 1017 of division A of Public Law 109-13.
       Sec. 8041.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8042.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8043.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program: Provided, That nothing 
     in this section authorizes deviation from established Reserve 
     and National Guard personnel and training procedures.
       Sec. 8044.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8045. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8046.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin:  Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 103 of title 41, United States Code, 
     except that the restriction shall apply to ball or roller 
     bearings purchased as end items.
       Sec. 8047.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8048.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8049. (a) Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Foreign Relations of the Senate are 
     notified 15 days in advance of such transfer.
       (b) This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) A notice under subsection (a) shall include the 
     following--
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8050.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--

[[Page H4617]]

       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8051.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8052.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note):  
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account:  Provided further, That the 
     total amount charged to a current appropriation under this 
     section may not exceed an amount equal to 1 percent of the 
     total appropriation for that account.
       Sec. 8053. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8054.  Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany:  Provided, That 
     in the City of Kaiserslautern and at the Rhine Ordnance 
     Barracks area, such agreements will include the use of United 
     States anthracite as the base load energy for municipal 
     district heat to the United States Defense installations:  
     Provided further, That at Landstuhl Army Regional Medical 
     Center and Ramstein Air Base, furnished heat may be obtained 
     from private, regional or municipal services, if provisions 
     are included for the consideration of United States coal as 
     an energy source.
       Sec. 8055.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Intelligence 
     Program: Provided further, That the Secretary of Defense may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8056.  None of the funds made available in this Act 
     may be used to approve or license the sale of the F-22A 
     advanced tactical fighter to any foreign government:  
     Provided, That the Department of Defense may conduct or 
     participate in studies, research, design and other activities 
     to define and develop a future export version of the F-22A 
     that protects classified and sensitive information, 
     technologies and U.S. warfighting capabilities.
       Sec. 8057. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8058. (a) None of the funds made available by this Act 
     may be used to support any training program involving a unit 
     of the security forces or police of a foreign country if the 
     Secretary of Defense has received credible information from 
     the Department of State that the unit has committed a gross 
     violation of human rights, unless all necessary corrective 
     steps have been taken.
       (b) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     conduct any training program referred to in subsection (a), 
     full consideration is given to all credible information 
     available to the Department of State relating to human rights 
     violations by foreign security forces.
       (c) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition in subsection 
     (a) if he determines that such waiver is required by 
     extraordinary circumstances.
       (d) Not more than 15 days after the exercise of any waiver 
     under subsection (c), the Secretary of Defense shall submit a 
     report to the congressional defense committees describing the 
     extraordinary circumstances, the purpose and duration of the 
     training program, the United States forces and the foreign 
     security forces involved in the training program, and the 
     information relating to human rights violations that 
     necessitates the waiver.
       Sec. 8059.  None of the funds appropriated or otherwise 
     made available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8060.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     30 days after a report, including a description of the 
     project, the planned acquisition and transition strategy, and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees: Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8061.  The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8062.  During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis:  Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority:  Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8063.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8064.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an

[[Page H4618]]

     entity performing demilitarization services for the 
     Department of Defense under a contract that requires the 
     entity to demonstrate to the satisfaction of the Department 
     of Defense that armor piercing projectiles are either: (1) 
     rendered incapable of reuse by the demilitarization process; 
     or (2) used to manufacture ammunition pursuant to a contract 
     with the Department of Defense or the manufacture of 
     ammunition for export pursuant to a License for Permanent 
     Export of Unclassified Military Articles issued by the 
     Department of State.
       Sec. 8065.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8066.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located:  Provided, That in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located:  
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous with another State:  Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.

                     (including transfer of funds)

       Sec. 8067.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $124,493,000 
     shall remain available until expended: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government: Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section: Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary: Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8068.  Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2012.
       Sec. 8069.  In addition to amounts provided elsewhere in 
     this Act, $4,000,000 is hereby appropriated to the Department 
     of Defense, to remain available for obligation until 
     expended:  Provided, That notwithstanding any other provision 
     of law, that upon the determination of the Secretary of 
     Defense that it shall serve the national interest, these 
     funds shall be available only for a grant to the Fisher House 
     Foundation, Inc., only for the construction and furnishing of 
     additional Fisher Houses to meet the needs of military family 
     members when confronted with the illness or hospitalization 
     of an eligible military beneficiary.

                     (including transfer of funds)

       Sec. 8070.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $235,700,000 shall be for the Israeli Cooperative Programs: 
     Provided, That of this amount, $110,500,000 shall be for the 
     Short Range Ballistic Missile Defense (SRBMD) program, 
     including cruise missile defense research and development 
     under the SRBMD program, of which $15,000,000 shall be for 
     production activities of David Sling Weapon System missiles 
     in the United States and in Israel to meet Israel's defense 
     requirements, consistent with each nation's laws, 
     regulations, and procedures, $66,200,000 shall be available 
     for an upper-tier component to the Israeli Missile Defense 
     architecture, and $59,000,000 shall be for the Arrow System 
     Improvement Program including development of a long range, 
     ground and airborne, detection suite:  Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred:  Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.
       Sec. 8071.  None of the funds available to the Department 
     of Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet:  Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.

                     (including transfer of funds)

       Sec. 8072.  Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $73,992,000 shall be available until September 30, 2012, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer funds to the following appropriations in the amounts 
     specified: Provided further, That the amounts transferred 
     shall be merged with and be available for the same purposes 
     as the appropriations to which transferred:
       To:
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2005/2012'': LPD-17 Amphibious Transport Dock Program 
     $18,627,000.
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2006/2012'': LPD-17 Amphibious Transport Dock Program 
     $23,437,000.
       Under the heading ``Shipbuilding and Conversion, Navy, 
     2008/2012'': LPD-17 Amphibious Transport Dock Program 
     $31,928,000.
       Sec. 8073.  Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States 
     Code, for occupations listed in section 7403(a)(2) of title 
     38, United States Code, as well as the following:
       Pharmacists, Audiologists, Psychologists, Social Workers, 
     Othotists/Prosthetists, Occupational Therapists, Physical 
     Therapists, Rehabilitation Therapists, Respiratory 
     Therapists, Speech Pathologists, Dietitian/Nutritionists, 
     Industrial Hygienists, Psychology Technicians, Social Service 
     Assistants, Practical Nurses, Nursing Assistants, and Dental 
     Hygienists:
       (1) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code, shall apply.
       (2) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code, shall not apply.
       Sec. 8074.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2012.
       Sec. 8075.  None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8076.  The budget of the President for fiscal year 
     2013 submitted to the Congress pursuant to section 1105 of 
     title 31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts:  Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account:  Provided further, That 
     these documents shall include estimated costs for each 
     element of expense or object class, a reconciliation of 
     increases and decreases for each contingency operation, and 
     programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency:  Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8077.  None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.

                     (including transfer of funds)

       Sec. 8078.  In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $44,000,000 
     is hereby appropriated to the Department of Defense:  
     Provided, That upon the determination of the Secretary of 
     Defense that it shall serve the national interest, he shall 
     make grants in the amounts specified as follows: $20,000,000 
     to the United Service Organizations and $24,000,000 to the 
     Red Cross.
       Sec. 8079.  None of the funds appropriated or made 
     available in this Act shall be used to reduce or disestablish 
     the operation of the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act:

[[Page H4619]]

      Provided, That the Air Force shall allow the 53rd Weather 
     Reconnaissance Squadron to perform other missions in support 
     of national defense requirements during the non-hurricane 
     season.
       Sec. 8080.  None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities:  Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8081. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.

                     (including transfer of funds)

       Sec. 8082.  The Secretary of Defense may transfer funds 
     from any available Department of the Navy appropriation to 
     any available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law: Provided, That 
     the Secretary may transfer not to exceed $100,000,000 under 
     the authority provided by this section: Provided further, 
     That the Secretary may not transfer any funds until 30 days 
     after the proposed transfer has been reported to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate unless a response from the Committees is 
     received sooner:  Provided further, That any funds 
     transferred pursuant to this section shall retain the same 
     period of availability as when originally appropriated: 
     Provided further, That the transfer authority provided by 
     this section is in addition to any other transfer authority 
     contained elsewhere in this Act.
       Sec. 8083.  For purposes of section 7108 of title 41, 
     United States Code, any subdivision of appropriations made 
     under the heading ``Shipbuilding and Conversion, Navy'' that 
     is not closed at the time reimbursement is made shall be 
     available to reimburse the Judgment Fund and shall be 
     considered for the same purposes as any subdivision under the 
     heading ``Shipbuilding and Conversion, Navy'' appropriations 
     in the current fiscal year or any prior fiscal year.
       Sec. 8084. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Sky Warrior Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       Sec. 8085.  Up to $15,000,000 of the funds appropriated 
     under the heading ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the Pacific Command to 
     execute Theater Security Cooperation activities such as 
     humanitarian assistance, and payment of incremental and 
     personnel costs of training and exercising with foreign 
     security forces:  Provided, That funds made available for 
     this purpose may be used, notwithstanding any other funding 
     authorities for humanitarian assistance, security assistance 
     or combined exercise expenses:  Provided further, That funds 
     may not be obligated to provide assistance to any foreign 
     country that is otherwise prohibited from receiving such type 
     of assistance under any other provision of law.
       Sec. 8086.  None of the funds appropriated by this Act for 
     programs of the Office of the Director of National 
     Intelligence shall remain available for obligation beyond the 
     current fiscal year, except for funds appropriated for 
     research and technology, which shall remain available until 
     September 30, 2013.
       Sec. 8087.  For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8088.  Notwithstanding any other provision of law, not 
     more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8089.  The Director of National Intelligence shall 
     include the budget exhibits identified in paragraphs (1) and 
     (2) as described in the Department of Defense Financial 
     Management Regulation with the congressional budget 
     justification books.
       (1) For procurement programs requesting more than 
     $10,000,000 in any fiscal year, the P-1, Procurement Program; 
     P-5, Cost Analysis; P-5a, Procurement History and Planning; 
     P-21, Production Schedule; and P-40, Budget Item 
     Justification.
       (2) For research, development, test and evaluation projects 
     requesting more than $5,000,000 in any fiscal year, the R-1, 
     RDT Program; R-2, RDT Budget Item Justification; R-3, 
     RDT Project Cost Analysis; and R-4, RDT Program Schedule 
     Profile.
       Sec. 8090.  The Secretary of Defense shall create a major 
     force program category for space for each future-years 
     defense program of the Department of Defense submitted to 
     Congress under section 221 of title 10, United States Code, 
     during fiscal year 2012. The Secretary of Defense shall 
     designate an official in the Office of the Secretary of 
     Defense to provide overall supervision of the preparation and 
     justification of program recommendations and budget proposals 
     to be included in such major force program category.
       Sec. 8091. (a) Not later than 60 days after enactment of 
     this Act, the Director of National Intelligence shall submit 
     a report to the congressional intelligence committees to 
     establish the baseline for application of reprogramming and 
     transfer authorities pursuant to section 8092 of this Act for 
     fiscal year 2012:  Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center, project, and subproject; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer pursuant to section 8092 of this 
     Act until the report identified in subsection (a) is 
     submitted to the congressional intelligence committees, 
     unless the Director of National Intelligence certifies in 
     writing 15 days in advance to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8092. (a) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) that--
       (1) creates a new program, project, or subproject,
       (2) eliminates a program, project, or subproject,
       (3) increases funds or personnel by any means for any 
     program, project, or subproject,
       (4) for which funds have been denied or restricted,
       (5) relocates an office or employees, or
       (6) reorganizes or renames an office;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming of funds.
       (b) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) in excess of $1,000,000 or 10 percent, whichever is 
     less, that--
       (1) augments existing programs, projects, or subprojects,
       (2) reduces by 10 percent funding for any existing program, 
     project, or subproject or the number of personnel by 10 
     percent as approved by Congress, or
       (3) results from any general savings, including savings 
     from a reduction in personnel costs, which would result in a 
     change in existing programs, projects, or subprojects as 
     approved by Congress;

     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming of funds.
       Sec. 8093.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8094.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.
       Sec. 8095.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     New Dawn and Operation Enduring Freedom on a monthly basis in 
     the Cost of War Execution Report as prescribed in the 
     Department of Defense Financial Management Regulation

[[Page H4620]]

     Department of Defense Instruction 7000.14, Volume 12, Chapter 
     23 ``Contingency Operations'', Annex 1, dated September 2005.

                     (including transfer of funds)

       Sec. 8096.  During the current fiscal year, not to exceed 
     $11,000,000 from each of the appropriations made in title II 
     of this Act for ``Operation and Maintenance, Army'', 
     ``Operation and Maintenance, Navy'', and ``Operation and 
     Maintenance, Air Force'' may be transferred by the military 
     department concerned to its central fund established for 
     Fisher Houses and Suites pursuant to section 2493(d) of title 
     10, United States Code.

                     (including transfer of funds)

       Sec. 8097.  Of the funds appropriated in the Intelligence 
     Community Management Account for the Program Manager for the 
     Information Sharing Environment, $22,000,000 is available for 
     transfer by the Director of National Intelligence to other 
     departments and agencies for purposes of Government-wide 
     information sharing activities: Provided, That funds 
     transferred under this provision are to be merged with and 
     available for the same purposes and time period as the 
     appropriation to which transferred: Provided further, That 
     the Office of Management and Budget must approve any 
     transfers made under this section: Provided further, That the 
     Director of National Intelligence shall notify the Committees 
     on Appropriations of the House of Representatives and the 
     Senate of such transfers pursuant to section pursuant to the 
     reprogramming procedures established in sections 8091 and 
     8092.
       Sec. 8098.  Funds appropriated by this Act for operation 
     and maintenance may be available for the purpose of making 
     remittances to the Defense Acquisition Workforce Development 
     Fund in accordance with the requirements of section 1705 of 
     title 10, United States Code.
       Sec. 8099. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8100. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000, unless the 
     contractor agrees not to:
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment, that the employee or independent contractor agree 
     to resolve through arbitration any claim under title VII of 
     the Civil Rights Act of 1964 or any tort related to or 
     arising out of sexual assault or harassment, including 
     assault and battery, intentional infliction of emotional 
     distress, false imprisonment, or negligent hiring, 
     supervision, or retention; or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.
       Sec. 8101. (a) Prohibition on Conversion of Functions 
     Performed by Federal Employees to Contractor Performance.--
     None of the funds appropriated by this Act or otherwise made 
     available to the Department of Defense may be used to begin 
     or announce the competition to award to a contractor or 
     convert to performance by a contractor any functions 
     performed by Federal employees pursuant to a study conducted 
     under Office of Management and Budget (OMB) Circular A-76.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to the award of a function to a contractor or the 
     conversion of a function to performance by a contractor 
     pursuant to a study conducted under Office of Management and 
     Budget (OMB) Circular A-76 once all reporting and 
     certifications required by section 325 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84) have been satisfactorily completed.

                              {time}  1650


                   Amendment Offered by Mr. Sessions

  Mr. SESSIONS. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Strike section 8101.

  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. SESSIONS. Madam Chairman, this month the House has voted twice to 
strike problematic and anti-competitive A-76 language from H.R. 2112, 
the Agriculture appropriations bill, and H.R. 2017, the Department of 
Homeland Security appropriations bill. The same change and reversal of 
bad language should be adopted in legislation today by striking this 
anti-competitive language.
  My amendment would strike section 8101 of this legislation, which as 
drafted prohibits the use of funds in the underlying bill to convert 
any functions performed by Federal employees to private competition 
pursuant to a study conducted under OMB Circular A-76.
  A-76 cost competitions between the public and private sector bring 
the best value to the taxpayer. Lifting the current moratorium will 
reform the way the Department of Defense does business, allowing the 
flexibility to manage the most effective and efficient cost ways in 
supporting the mission of the Department of Defense. The role of 
government should be to govern, not to operate business inside the 
government.
  Currently, the Federal Government employs some 2 million executive 
branch, nonpostal, full-time, and permanent employees; 850,000 of these 
employees hold jobs that are commercial in nature. The underlying 
principle of A-76 is that the government should consider private sector 
performance of commercial services where appropriate. This notion has 
been consistently embraced by administrations of both political parties 
for more than 60 years.
  Over the past 2 years, the Obama administration has pushed for an in-
sourcing campaign within DOD. Secretary Gates put a halt on that 
practice recently due to what Forbes magazine on March 7, 2011, called, 
and I quote, ``a victim of bad planning and disappointing results.'' 
Two years of shutting out private competition resulted in zero taxpayer 
savings.
  According to a Small Business Administration study, 71 percent of A-
76 goes to small business. This work is important, and must be done 
well, but should be done also where the taxpayer sees results and the 
cost benefit. Any time Congress places a restriction on agencies' 
ability to implement A-76, such action denies opportunity for small 
business.
  Our Nation's unemployment rate stands at 9.1 percent. We must allow 
the private sector the ability to create jobs without an unfair 
disadvantage. The A-76 process allows the private sector just this 
opportunity. If competition is deemed fair, it doesn't matter who wins. 
As long as both sides are allowed equal opportunity for the job, the 
taxpayer ultimately wins.
  I urge all my colleagues to support this commonsense, taxpayer-first 
amendment, and to ensure that cost-saving competition is available 
throughout the Department of Defense.
  Madam Chairman, I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.

[[Page H4621]]

  Mr. DICKS. The gentlemen's amendment strikes section 8101 from the 
bill. This section provides that the Defense Department must certify 
compliance with a fiscal year 2008 law which requires DOD to provide an 
inventory of its service contracts, review those contracts, and then 
integrate those results into the budget process before using the OMB 
Circular A-76 privatization process. I rise in opposition to the 
gentleman's amendment.
  This provision is included in the fiscal year 2012 budget request. It 
requires that DOD exercise responsible stewardship over its contractors 
by providing an inventory of such contractors, a review of associated 
contracts, and an explanation of how these contracts are integrated 
into the budget. The provision requires the Department of Defense to 
maintain better accountability of the thousands of contractors 
performing services for the Department every day, and therefore 
maintain better accountability of funds. Striking this section releases 
the Department from this responsibility.
  And I must tell the gentleman from Texas, who is a good friend, that 
we had a terrific problem getting the Department of Defense to even be 
able to tell us how many contractors they have. We had this problem in 
Iraq, we had this problem in Afghanistan, and we are still struggling. 
Now they give us a quarterly report of how many contractors and how 
many contract employees there are.
  I have always believed in the A-76 review process. In fact, I had an 
amendment probably 25 years ago that said after you do A-76, if you 
contract out to the private company--if they win the competition 
between the government unit and the private sector--that you have to 
keep on analyzing what has happened to the cost. And what we found was, 
as soon as the thing was contracted out, the prices started to go up 
until we had an auditing process that looked into it. That process was 
taken out I think in the nineties. So we didn't have this mechanism to 
ensure that we were getting the best deal. And there were problems 
associated with pensions. Could you compare government pensions with 
private sector pensions?
  A lot of this was worked out. But the idea of not being accountable, 
not having these companies, not having the government, the Defense 
Department know how many service contractors it has and how much. And 
if we are going to reduce spending, we have got to know that. We have 
got to understand that. And I hope that we could continue to work on 
this problem, because the idea that Congress doesn't get the 
information that is necessary to know how many people we have 
contracted out to is, I think, ridiculous. And I think Congress has to 
insist that we get this information.
  Mr. SESSIONS. Would the gentleman yield?
  Mr. DICKS. I yield, of course.
  Mr. SESSIONS. I think the gentleman brings up not only very pertinent 
questions that the gentleman has dealt with throughout his career about 
how do we effectively utilize taxpayer dollars, but I would like to 
suggest to you we are talking about commercial activities, mowing 
grass, painting buildings, lots of other things too, but doing things 
which are very essential to the upkeep and operation, but that within 
the Department of Defense the base commander has a good grasp on this.
  Those people that are in the architecture group, those people that 
are in the operations group, they know who they're getting. And they're 
getting regular people who can come in and do the jobs that are 
specified, then leave; not have full-time employees that change oil, 
mow grass, do the painting, do all these things. And not in every 
location is it advantageous, but in some it is. And we're talking about 
where they can use it to their advantage. That's where this would be 
utilized.
  So Norm, I'd like to spend a little time with you, but where it's an 
advantage for the Department, we're giving them the opportunity. That's 
what this amendment's about.
  I thank the gentleman, and I yield back.
  Mr. DICKS. I think the A-76 process has been a worthy one. Sometimes 
the contractor wins, and sometimes the unit of government reorganizes 
itself, and they compete, and it comes out that the government wins. So 
I think the A-76 process has worked. I hate to see us get rid of that.
  Now, the other thing is, I think the Department has to do a better 
job of accountability, of being able to report how many civilian 
employees, how many military employees, how many contractors.
  The Acting CHAIR. The time of the gentleman from Washington has 
expired.
  (By unanimous consent, Mr. Dicks was allowed to proceed for 1 
additional minute.)
  Mr. DICKS. That is what I am trying to get to. I think the idea that 
they can submit their budget but not be able to tell us how many 
contractors there are, how many contract employees there are, is just 
ridiculous.
  Mr. SESSIONS. Would the gentleman yield?
  Mr. DICKS. Yes, I yield.
  Mr. SESSIONS. If you want to get your grass mowed at a big base, 
where you have a lot going on, do you care how many employees, or just 
that you have the guy that's supposed to cut the grass, you hold him 
accountable even if he has 80 people working for him? That's the point 
that we're trying to make. You don't have to know how many employees. 
You have to know that it got done at the right price. We're not doing 
away with the A-76 process. Your points are well made. The gentleman is 
dead on, and I appreciate him yielding.
  Mr. DICKS. I agree with the gentleman. If we can get a better deal, 
let's try to get a better deal. If we can do it less expensively, we 
can do it less expensively.
  I yield back the balance of my time.

                              {time}  1700

  Mr. NADLER. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. NADLER. Madam Chair, I am sort of surprised by this amendment. It 
seems to me that if we want to have control over the contracts in the 
procurement process, if we want Congress to be able to know what is 
going on, if we want to be able to save money, which is what we keep 
talking about, you want the process that we have here.
  Perhaps you want an improved process, but you want an inventory. I 
mean, certainly no one will deny that some, perhaps many, of the 
private contracts that the Pentagon lets have been wasteful. Many have 
not been, but certainly an inventory so that Congress can keep a closer 
eye on it is calculated to reduce the waste, to reduce the wasteful 
expenditures, to enable us to have better oversight.
  So why you would want to change that? And I am given to understand 
that this provision originated with the Republican Congresses during 
the Bush administration, and, frankly, it was a good innovation. 
Congress ought to be able to watch more closely what any government 
agency that is spending the kind of money the Pentagon is spending, 
hundreds of billions of dollars, much of it to private contractors--we 
ought to be able to watch what they're doing, watch what they're doing 
more closely, keep an eye on it, and be able to rein it in and say, 
hey, wait a minute, that contract is being well administered but that 
one isn't; that contract we have a lot of questions about. So why would 
we want to eliminate that provision that has worked well?
  Now, granted, it hasn't worked as well as we have wanted. Granted, we 
ought to improve it. Perhaps some of you can come up with an amendment 
with some language that would improve it.
  But to get rid of it, to say we don't need that oversight, we don't 
need that inventory of contracts, let the Pentagon do that in the dark 
of night, let the Pentagon have their contracts, let their contracts 
and no one look at it? It seems to me rather unfrugal, rather wasteful, 
and not calculated to save the taxpayers money. Why would we want to do 
that? I don't know; so I have to oppose this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Sessions).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.

[[Page H4622]]

  Mr. DICKS. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 8102. (a)(1) No National Intelligence Program funds 
     appropriated in this Act may be used for a mission critical 
     or mission essential business management information 
     technology system that is not registered with the Director of 
     National Intelligence. A system shall be considered to be 
     registered with that officer upon the furnishing notice of 
     the system, together with such information concerning the 
     system as the Director of the Business Transformation Office 
     may prescribe.
       (2) During the fiscal year 2012 no funds may be obligated 
     or expended for a financial management automated information 
     system, a mixed information system supporting financial and 
     non-financial systems, or a business system improvement of 
     more than $3,000,000, within the intelligence community 
     without the approval of the Business Transformation 
     Investment Review Board.
       (b) This section shall not apply to any programmatic or 
     analytic systems or programmatic or analytic system 
     improvements.
       Sec. 8103.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

       Sec. 8104.  Within the funds appropriated for operation and 
     maintenance for the Defense Health Program in this Act, up to 
     $132,200,000, shall be available for transfer to the Joint 
     Department of Defense--Department of Veterans Affairs Medical 
     Facility Demonstration Fund in accordance with the provisions 
     of section 1704 of the National Defense Authorization Act for 
     Fiscal Year 2010, Public Law 111-84: Provided, That for 
     purposes of section 1704(b), the facility operations funded 
     are operations of the integrated Captain James A. Lovell 
     Federal Health Care Center, consisting of the North Chicago 
     Veterans Affairs Medical Center, the Navy Ambulatory Care 
     Center, and supporting facilities designated as a combined 
     Federal medical facility as described by section 706 of 
     Public Law 110-417:  Provided further, That additional funds 
     may be transferred from funds appropriated for operation and 
     maintenance for the Defense Health Program to the Joint 
     Department of Defense-Department of Veterans Affairs Medical 
     Facility Demonstration Fund upon written notification by the 
     Secretary of Defense to the Committees on Appropriations of 
     the House of Representatives and the Senate.
       Sec. 8105.  The Secretaries of the Army, Navy, Air Force, 
     and the Directors of the Defense Agencies and Field 
     Activities (in coordination with the appropriate Principal 
     Staff Assistant), in coordination with the Under Secretary of 
     Defense for Personnel and Readiness, shall report to the 
     congressional defense committees within 60 days of enactment 
     of this Act their plan for documenting the number of full-
     time contractor employees (or its equivalent), as required by 
     United States Code title 10, section 2330a.
       Sec. 8106.  Section 310(b) of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871), 
     as amended by Public Law 112-10, is amended by striking ``2 
     years'' both places it appears and inserting ``3 years''.
       Sec. 8107.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive and 
     General Schedule 15 equivalent employees than are specified 
     in the classified annex: Provided, That, notwithstanding any 
     other provision of law, the Office of the Director of 
     National Intelligence shall select individuals for Senior 
     Executive positions in a manner consistent with all 
     requirements established in statute and all Office of 
     Personnel Management regulations, guidance and procedures 
     governing the appointment of individuals to the Senior 
     Executive Service for other Federal agencies: Provided 
     further, That the Director of National Intelligence shall 
     certify within 90 days of enactment of this Act to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that the Office of the Director of National 
     Intelligence, in consultation with the Director of the Office 
     of Personnel Management, has revised it selection process for 
     Senior Executive positions to conform with Office of 
     Personnel Management regulations, requirements, and 
     procedures: Provided further, That during fiscal year 2012, 
     the Office of the Director of National Intelligence shall not 
     appoint any individual to a Senior Executive position if that 
     person was not serving in a Senior Executive position in 
     fiscal year 2011 until the Director of National Intelligence 
     has submitted its new policies and procedures to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       Sec. 8108.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     pay a retired general or flag officer to serve as a senior 
     mentor advising the Department of Defense unless such retired 
     officer files a Standard Form 278 (or successor form 
     concerning public financial disclosure under part 2634 of 
     title 5, Code of Federal Regulations) to the Office of 
     Government Ethics.
       Sec. 8109.  Appropriations available to the Department of 
     Defense may be used for the purchase of heavy and light 
     armored vehicles for the physical security of personnel or 
     for force protection purposes up to a limit of $250,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.
       Sec. 8110.  Of the amounts appropriated for Military 
     Personnel under title I of the Act, not to exceed 1 percent 
     of each appropriation shall remain available until September 
     30, 2013.
       Sec. 8111.  Of the amounts appropriated for ``Operation and 
     Maintenance, Defense-Wide'', $33,000,000 shall be available 
     to the Secretary of Defense, notwithstanding any other 
     provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, to make grants, 
     conclude cooperative agreements, and supplement other Federal 
     funds, to remain available until expended, to assist the 
     civilian population of Guam in response to the military 
     buildup of Guam, to include addressing the need for vehicles 
     and supplies for civilian student transportation, 
     preservation and repository of artifacts unearthed during 
     military construction, and construction of a mental health 
     and substance abuse facility.
       Sec. 8112.  None of the funds made available by this Act 
     may be used by the Secretary of Defense to operate more than 
     1,000 parking spaces provided by the combination spaces 
     provided by the BRAC 133 project and the lease of spaces in 
     the immediate vicinity of the BRAC 133 project.
       Sec. 8113. (a) None of the funds provided in this title for 
     Operation and Maintenance may be available for obligation or 
     expenditure to relocate Air Force program offices, or 
     acquisition management functions of major weapons systems, to 
     a central location, or to any location other than the Air 
     Force Material Command site where they are currently located 
     until 30 days after the Secretary of the Air Force submits 
     the initial report under subsection (b).
       (b) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report which includes the 
     following: a listing of all Air Force Material Command 
     functions to be transferred and an identification of the 
     locations where these functions will be transferred from and 
     to; a listing of all Air Force Material Command personnel 
     positions to be transferred and an identification of the 
     locations these positions will be transferred from and to; 
     and the cost benefit analysis and the life-cycle cost 
     analysis underpinning the Secretary of the Air Forces 
     decisions to relocate Air Force Material Command functions 
     and personnel.
       Sec. 8114.  Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall resume 
     monthly reporting of the numbers of civilian personnel end 
     strength by appropriation account for each and every 
     appropriation account used to finance federal civilian 
     personnel salaries to the congressional defense committees.
       Sec. 8115.  In addition to amounts provided elsewhere in 
     this Act, $10,000,000 is hereby appropriated, for an 
     additional amount for ``Research, Development, Test and 
     Evaluation, Army'', to remain available until September 30, 
     2013. Such funds may be available for the Secretary of the 
     Army to conduct research on alternative energy resources for 
     deployed forces.
       Sec. 8116. (a) None of the funds appropriated in this Act 
     for the National Intelligence Program or the Military 
     Intelligence Program are available to establish a new 
     federally funded research and development center (FFRDC), 
     either as a new entity, or as a separate entity administrated 
     by an organization managing another FFRDC, or as a nonprofit 
     membership corporation consisting of a consortium of other 
     FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense or intelligence FFRDC, and no 
     paid consultant to any defense or intelligence FFRDC, except 
     when acting in a technical advisory capacity, may be 
     compensated for his or her services as a member of such 
     entity, or as a paid consultant by more than one FFRDC in a 
     fiscal year:  Provided, That a member of any such entity 
     referred to previously in this subsection shall be allowed 
     travel expenses and per diem as authorized under the Federal 
     Joint Travel Regulations, when engaged in the performance of 
     membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to a National Intelligence Program or 
     Military Intelligence Program from any source during fiscal 
     year 2012 may be used by a defense or intelligence FFRDC, 
     through a fee or other payment mechanism, for construction of 
     new buildings, for payment of cost sharing for projects 
     funded by Government grants, for absorption of contract 
     overruns, or for certain charitable contributions, not to 
     include employee participation in community service and/or 
     development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the National Intelligence Program or 
     Military Intelligence Program during fiscal year 2012, the 
     total level of funding and staff years of technical effort 
     (staff years) for FFRDCs shall not exceed the allocation 
     included in the classified annex accompanying this Act.
       (e) The Secretary of Defense and the Director of National 
     Intelligence shall, with the submission of the fiscal year 
     2013 budget request, submit a report presenting the specific 
     amounts of staff years of technical effort to be allocated 
     for each FFRDC during

[[Page H4623]]

     that fiscal year and the associated budget estimates for the 
     National Intelligence Programs and Military Intelligence 
     Programs: Provided, That such information shall be provided 
     in a classified manner.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for National 
     Intelligence Program and Military Intelligence Program FFRDCs 
     is hereby reduced by the amount specified in the classified 
     annex.
       Sec. 8117.  The Secretary of Defense shall study and report 
     to the Congressional Defense Committees the feasibility of 
     using commercially available telecommunications expense 
     management solutions across the Department of Defense by 
     March 1, 2012.
       Sec. 8118.  None of the funds appropriated in this or any 
     other Act may be used to plan, prepare for, or otherwise take 
     any action to undertake or implement the separation of the 
     National Intelligence Program budget from the Department of 
     Defense budget.
       Sec. 8119.  None of the funds appropriated in title II in 
     this Act for ``Operation and Maintenance'' may be used for 
     Information Operations/Military Information Support 
     Operations activities.

                     (including transfer of funds)

       Sec. 8120.  Upon a determination by the Director of 
     National Intelligence that such action is necessary and in 
     the national interest, the Director may, with the approval of 
     the Office of Management and Budget, transfer not to exceed 
     $1,000,000,000 of the funds made available in this Act to the 
     intelligence community and the associated Agencies for 
     intelligence functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen intelligence requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That such transfers shall be made only in 
     accordance with sections 8091 and 8092 of the Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations of the House of Representatives and Senate 
     for reprogramming of funds, unless for higher priority items, 
     based on unforeseen military requirements, than those for 
     which originally appropriated and in no case where the item 
     for which reprogramming is requested has been denied by the 
     Congress: Provided further, That a request for multiple 
     reprogrammings of funds using authority provided in this 
     section shall be made prior to June 30, 2012.
       Sec. 8121.  Notwithstanding any other provision of this 
     Act, to reflect savings from revised economic assumptions, 
     the total amount appropriated in title II of this Act is 
     hereby reduced by $501,800,000, the total amount appropriated 
     in title III of this Act is hereby reduced by $484,800,000, 
     and the total amount appropriated in title IV of this Act is 
     hereby reduced by $323,500,000: Provided, That the Secretary 
     of Defense shall allocate this reduction proportionally to 
     each budget activity, activity group, subactivity group, and 
     each program, project, and activity, within each 
     appropriation account.

                     (including transfer of funds)

       Sec. 8122.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated $250,000,000, for an 
     additional amount for ``Operation and Maintenance, Defense-
     Wide'', to be available until expended:  Provided, That such 
     funds shall only be available to the Secretary of Defense, 
     acting through the Office of Economic Adjustment of the 
     Department of Defense, or for transfer to the Secretary of 
     Education, notwithstanding any other provision of law, to 
     make grants, conclude cooperative agreements, or supplement 
     other Federal funds to construct, renovate, repair, or expand 
     elementary and secondary public schools on military 
     installations in order to address capacity or facility 
     condition deficiencies at such schools:  Provided further, 
     That in making such funds available, the Office of Economic 
     Adjustment or the Secretary of Education shall give priority 
     consideration to those military installations with schools 
     having the most serious capacity or facility condition 
     deficiencies as determined by the Secretary of Defense.
       Sec. 8123.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, its territories, or possessions 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 8124. (a)(1) Except as provided in paragraph (2), none 
     of the funds appropriated or otherwise made available in this 
     or any other Act may be used to transfer any individual 
     detained at Guantanamo to the custody or effective control of 
     the individual's country of origin, any other foreign 
     country, or any other foreign entity unless the Secretary of 
     Defense submits to Congress the certification described in 
     subsection (b) by not later than 30 days before the transfer 
     of the individual.
       (2) Paragraph (1) shall not apply to any action taken by 
     the Secretary of Defense to transfer any individual detained 
     at Guantanamo to effectuate an order affecting the 
     disposition of the individual that is issued by a court or 
     competent tribunal of the United States having lawful 
     jurisdiction. The Secretary of Defense shall notify Congress 
     promptly upon issuance of any such order.
       (b) The certification described in this subsection is a 
     written certification made by the Secretary of Defense, with 
     the concurrence of the Secretary of State, that the 
     government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (1) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (2) maintains effective control over each detention 
     facility in which an individual is to be detained if the 
     individual is to be housed in a detention facility;
       (3) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (4) has agreed to take effective steps to ensure that the 
     individual cannot take action to threaten the United States, 
     its citizens, or its allies in the future;
       (5) has taken such steps as the Secretary determines are 
     necessary to ensure that the individual cannot engage or 
     reengage in any terrorist activity; and
       (6) has agreed to share any information with the United 
     States that--
       (A) is related to the individual or any associates of the 
     individual; and
       (B) could affect the security of the United States, its 
     citizens, or its allies.
       (7) has agreed to allow appropriate agencies of the United 
     States to have access to the individual, if requested.
       (c)(1) Except as provided in paragraph (3), none of the 
     funds appropriated or otherwise made available in this or any 
     other Act may be used to transfer any individual detained at 
     Guantanamo to the custody or effective control of the 
     individual's country of origin, any other foreign country, or 
     any other foreign entity if there is a confirmed case of any 
     individual who was detained at United States Naval Station, 
     Guantanamo Bay, Cuba, at any time after September 11, 2001, 
     who was transferred to the foreign country or entity and 
     subsequently engaged in any terrorist activity.
       (2) The Secretary of Defense may waive the prohibition in 
     paragraph (1) if the Secretary determines that such a 
     transfer is in the national security interests of the United 
     States and includes, as part of the certification described 
     in subsection (b) relating to such transfer, the 
     determination of the Secretary under this paragraph.
       (3) Paragraph (1) shall not apply to any action taken by 
     the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction. The 
     Secretary shall notify Congress promptly upon issuance of any 
     such order.
       (d) For the purposes of this section:
       (1) The term ``individual detained at Guantanamo'' means 
     any individual who is located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the effective control of the 
     Department of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (2) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       Sec. 8125. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act may be used to modify 
     any facility in the United States, its territories, or 
     possessions to house any individual described in subsection 
     (c) for the purposes of detention or imprisonment in the 
     custody or under the effective control of the Department of 
     Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 8126. (a) In General.--Of the funds made available to 
     the Department of Defense under ``Operation and Maintenance, 
     Defense-Wide'' in title II, $1,000,000 shall be available to 
     the Department to commission through a competitive, 
     independent, private sector entity that is an organization 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986 and exempt from tax under section 501(a) of such 
     Code, and has recognized credentials and expertise in 
     military affairs, to

[[Page H4624]]

     conduct a forward-looking, independent assessment of the 
     current and prospective situation on the ground in 
     Afghanistan and Pakistan, its impact on the surrounding 
     region, and its consequences for United States interests. The 
     entity shall examine 4 broad topic areas to include the 
     strategic environment in and around Afghanistan and Pakistan, 
     as well as security, political, and economic and 
     reconstruction developments in those 2 countries.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the entity described in subsection (a) 
     shall submit to the President and the Congress a report on 
     the assessment conducted under subsection (a), including 
     relevant policy recommendations relating thereto.
       (c) Sense of Congress.--It is the sense of Congress that 
     the entity described in subsection (a) should be modeled on 
     the Iraq Study Group.
       Sec. 8127.  Not more than $200,000,000 of the funds made 
     available by this Act may be expended for military musical 
     units (as defined in section 974 of title 10, United States 
     Code).

                              {time}  1710


                 Amendment No. 31 Offered by Mr. Carter

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

       Strike section 8127 (page 122, lines 6 through 9), relating 
     to military musical units.

  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. CARTER. Madam Chair, I rise to address an issue that I think is 
very important to the patriotic men and women who fight and defend our 
country.
  Representative McCollum, in good graces, asked that we restrict the 
military band funding by $120 million in an attempt to save money, but 
the Congressional Budget Office has informed us that this reduction, 
this $120 million reduction, will not save the American taxpayers one 
red cent, nor will it reduce the overall DOD spending.
  The facts about our bands are that they are an integral part of the 
patriotism that keeps our soldiers' hearts beating fast. For example, 
over 10,000 funerals are held per year, and these bands attend these 
funerals. And many of us, unfortunately, in this body have had to 
attend military funerals in the past, and they know how much that music 
means to the parents of the loved ones of our lost heroes.
  I have had the real great pleasure of being at welcome home 
celebrations at Fort Hood, which are very dramatic. The buses pull up 
at night across the parade ground in the dark, and then the band 
strikes up military music and out of the dark comes marching our 
soldiers into the parade ground. And the tears flow. And parents and 
children of the soldiers and the loved ones of the soldiers, tears come 
to their eyes. And that music is an integral part of it. The concerts, 
the ceremonies, the funerals, and the welcome home celebrations are all 
part of what makes our military the patriotic body that it is.
  The individual bands performed as many as 1,200 musical missions 
during the 12- to 15-month deployments. Military bands also perform at 
USO and other places. The number of bands right now in the Army is 132 
active duty, 51 National Guard, and 17 Reserve; Air Force, 24; the 
Navy, 14; and the Marines, 14.
  And speaking of the Marines, Friday before last I had the first time 
opportunity to go to the parade at the Marine barracks here in 
Washington, D.C., and everyone, every red-blooded American should 
attend that, and every Member of Congress should attend it. And it was 
my first chance to do it. And that is the most patriotic-striking thing 
you will ever experience. And to lose something like that will be a 
tragedy for this country.
  The total cost for the bands is $320 million, and 282 million of 
those dollars is personnel cost. Now, something that many don't 
understand is these band members that perform, and at least two of the 
services I'm familiar with, the Army and the Marine Corps, have other 
duties. Some of them in the Marine Corps are riflemen, just like every 
marine is a rifleman. In the Army, most of these people work in 
security or military police. And if the bands were not performing, they 
would still be in the military. They would still have personnel costs, 
housing costs, and other things that would be part of the DOD expenses. 
So this is no extra that we are doing here. These people are still 
going to be employed by the military, and they're still going have to 
those costs. So that's why there is no real savings here.
  But we are saving something that's important to this country and that 
is this is what makes patriotic people join the military. This is what 
causes young men and women to have their hearts beat fast on behalf of 
their country. And to lose our military bands would be a tragedy. And 
therefore I am asking that we adopt this amendment and that we replace 
these funds for these military bands so that we are able to continue 
this long tradition that goes back to the beginning of our country, to 
having bands play to celebrate military events.
  I yield back the balance of my time.
  Mr. YOUNG of Florida. Madam Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Madam Chairman, the gentleman's amendment 
supports the position of the subcommittee, and I support the 
gentleman's amendment.
  I yield back the balance of my time.
  Mr. DICKS. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. And I do this very reluctantly, but I'm glad that the 
sponsor of the amendment has arrived, and we will let her talk about 
this.
  Section 8127 limits spending for military bands to $200 million for 
fiscal year 2012. Now, that is a lot of money and I'm a person who 
believes in music, believes in our bands. I have been at Fort Lewis out 
in my part of the country, now Joint Base Lewis-McChord, for many 
ceremonies. And there's no question about it; the music really does add 
to the whole event. But we are in a very tough fiscal period here.
  During the full committee markup, this was agreed to by a voice vote. 
The amendment parallels similar language included in section 599(c) in 
the House-passed National Defense Authorization Act for fiscal year 
2012. So we've had the authorization committee look at it, we've had 
the Appropriations Committee look at it, and I think that we ought to 
support the position that came out of the full committee.
  I yield back the balance of my time.
  Ms. McCOLLUM. I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Minnesota is recognized for 5 
minutes.
  Ms. McCOLLUM. Fellow Members, this amendment was adopted by voice in 
committee, and this amendment was not one that I lightly came up with. 
At a time when we are cutting back on WIC, which is supplements for 
children, at a time when we are cutting back on education and health 
care expenses, I kind of felt I had a duty as an appropriator to look 
at opportunities in which we could cut back on spending. And so I have 
come up with a few ideas, and I know that they, at times, haven't been 
the most popular. But one of them was cutting back on the amount of 
money we spend on military bands.
  And I enjoy military bands. I have listened to a lot of them since 
birth. But the Army alone has over 100 bands, employing 4,600 
professional musicians and support staff. The Air Force and Navy and 
Marines and the National Guard have dozens of bands with professional 
musicians we all take great pride in.
  Congress needs to conduct oversight on this portion of the budget. It 
has grown substantially over the years. And I think we need to figure 
out what is the right note to have with military bands.
  So that's why this amendment that I offer that was adopted in full 
committee did cut, but it also continued to provide $200 million for 
the Pentagon to continue this fine tradition.
  As families and communities across this country see critical services 
being reduced or eliminated, including music in public education 
schools all across this country, I think it is time that we ask the 
Pentagon to make a small sacrifice in its musical budget. And so I 
would ask the committee to support the original language of the bill 
and to reject the Carter amendment.
  With that, I yield back the balance of my time.
  Mr. NADLER. Madam Chair, I move to strike the last word.

[[Page H4625]]

  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. NADLER. I will be brief.
  First of all, I'm told that the amount in the bill here, $200 
million, is essentially the amount that is being spent now; so this is 
not really a reduction.

                              {time}  1720

  Secondly, I just want to add one thing to what the gentlelady from 
Minnesota said. Over the break we just had, I went to a food pantry 
operated by a church on Coney Island. There was a line out the door of 
about 70 or 80 people. They were giving food packets 3 days out of 
every month; 3 days out of every month, and trying to figure out how to 
scrounge enough money to give food packets 4 days out of every month. 
And, of course, we are cutting the budget for Women, Infants and 
Children. We are cutting the budget for food aid. We are cutting the 
budget for food stamps. We can maintain the military bands and not 
expand them. We have to keep this in perspective.
  Yes, I love John Philip Sousa. I love military bands. I love marching 
bands. But people have to eat. And we are being savaged in the budget 
that we are passing and in the negotiations on the debt ceiling. We are 
being savaged on things for people to eat.
  This seems the least we can do.
  Mr. CARTER. Will the gentleman yield?
  Mr. NADLER. I yield to the gentleman from Texas.
  Mr. CARTER. I thank the gentleman for yielding.
  I hear what you're saying about these good programs that are being 
cut and reduced. And if this actually put money in the pockets of those 
programs, it would be one thing. But the facts are that the cuts that 
we do here do not change any amount of spending that the DOD does. 
These people continue to have military jobs, and they continue to get a 
paycheck.
  Mr. NADLER. Reclaiming my time, the limitation in the bill will 
simply make sure that it doesn't expand. The fact is that with all of 
the negotiations going on and the debt ceiling and everything else, 
there is going to be pressure to cut everything. This amendment simply 
says we can expand here even though we are cutting far more important 
things. I think the language in the bill is sufficient. The committee 
did a wise job. I urge opposition to the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Carter).
  The amendment was agreed to.
  Mr. YOUNG of Florida. Madam Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Carter) having assumed the chair, Mrs. Miller of Michigan, Acting Chair 
of the Committee of the Whole House on the state of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2219) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2012, and for other purposes, had come 
to no resolution thereon.

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