June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4253 materials/packages in the field, neutralize bio- Defense Appropriations bill. In H.R. 5631, tax- into one by rewriting it in a Microsoft Windows logical/chemical agents when discovered, de- payer money is appropriated as a so-called environment. contaminate areas where bio/chem agents ‘‘bridge fund’’ for the first six months of war This program—the Army Legacy Logistics may have been released, and detect explo- operations during fiscal year 2007. But our Systems Modernization (SAMS–E)—modern- sives and contraband in a variety of chal- troops should be brought home immediately. izes computer logistics systems that are crit- lenging circumstances. The IAC and the ISU The bill’s billions are, in reality, a bridge to ical to the operation of the Army making them academic community, in collaboration with sci- more death and destruction. The United more efficient. entists and engineers from the private sector States’ continued occupation encourages Iraqi This effort will link the STAMIS modules and national laboratories, has been involved in civil war and feeds the insurgency, providing through the web, allowing for a sharing of in- developing technology for the remote detec- terrorists with refuge and recruits. formation and a flexible supply chain that can tion of hazardous materials and contraband for Once upon a time, Congress took its over- be redirected seamlessly on the battlefield. more than 15 years. Through these associa- sight role seriously. Not today. Despite a re- The result will be more efficient field logistics tions the IAC has devised non-intrusive means cent Pentagon report that found significant management that will save money and provide to identify the contents of containers of various cost overruns in 36 major weapons systems, soldiers with more dependable and reliable kinds that may contain Fissionable material, this bill increases defense spending by a management systems. I applaud the Subcommittee and Committee Radioactive material, Explosives, Hazardous whopping $19.1 billion. As a result, defense for putting forward this balanced bill and urge spending will now total more than half of the material (biological or chemical), and my colleagues to join me in supporting it. Contraband (FREHC) for homeland and na- entire federal discretionary budget! Mr. PAUL. Mr. Chairman, I rise in opposition tional security applications. Instead, we should provide quality education to this legislation. This bill is unfortunately very This project was requested by Idaho State and health care to all Americans. I urge my short on real defense spending and very gen- University in Pocatello, Idaho. colleagues to join me in voting no to additional erous with spending enormous amounts on The report contains $1 million for a program spending on ineffective missile systems and a expensive military equipment that is ultimately entitled Systematic Hierarchical Approach to counterproductive war. of very little use to defend our country. This Radiation Hardened Electronics (SHARE). As Mr. GENE GREEN of Texas. Mr. Chairman, bill will not do much to help our military troops. many of us know, consistent, reliable perform- thank you for recognizing me for some com- In fact, it gives the troops a pay raise lower ance of integrated circuits (IC) used in space ments on H.R. 5631 and I urge my colleagues than civilian federal employees. It short- communication, surveillance, and guidance to join me in supporting this balanced bill that changes them. systems continues to be a potentially debili- supports our troops and addresses critical The bill is very generous with spending on tating problem for the military services. The issues to our Nation’s safety and security. grossly over-budget acquisition of military problem has been aggravated by the rapid This bill provides $500 million in funding equipment of questionable value in our current and unsettling contraction of the industrial above the President’s request for the equip- times. Over the past 5 years, the Defense De- base needed to design and produce the spe- ment needs of the Army National Guard to partment has doubled spending on new weap- cialized electronics that must perform in appli- provide items needed for homeland defense ons systems from about $700 billion to nearly cations requiring high reliability in a chal- and disaster response. This funding is impor- $1.4 trillion. However a recent Pentagon report lenging radiation-charged environment. As one tant to our district in Houston because it is found significant cost overruns—50 percent of the principal users of radiation-hardened susceptible to flooding—as we are seeing right over original cost projections—in 36 major (RadHard) electronics, the U.S. Air Force is now—and the National Guard has played a weapons systems. These programs benefit pursuing technologies that will ensure a ready critical role in responding to past tropical well-connected defense contractors, but they and economical domestic capability for pro- storms and hurricanes in our district and along do not benefit the taxpayer and they do not ducing radiation hardened microelectronics the Gulf Coast. benefit the soldiers who risk their lives. using advanced commercial processes. Many Guard units are leaving equipment in The bill manages to spend hundreds of mil- SHARE has been identified by the Air Force Iraq when they finish their tour for future lions of dollars on foreign aid—$372 million to as a critical capability that will enable collabo- troops to use. This cuts down on transpor- Russia, for example—and the failed drug war, ration among circuit designers, simulation soft- tation costs, but it also leaves units here in the but it fails to address the real problems of a ware vendors, and foundries under the direc- U.S under-equipped to respond to a natural military force that has been seriously stretched tion of SEAMS Center AFRL at Kirtland AFB, disaster. The funding in this bill is necessary and challenged by an unprecedented level of NM. to ensure Guard units here at home have the sustained deployment overseas. I urge my col- This project was requested by American equipment to respond to these events. leagues to support a defense spending bill Semiconductor in Boise, Idaho. I also want to speak briefly on two important that really puts defense of the United States I appreciate the opportunity to provide a list projects included in this bill. first. of Congressionally-directed projects in my re- The first is the University of Houston Con- Mr. YOUNG of Florida. I yield back gion and an explanation of my support for sortium for Nanomaterials for Aerospace Com- the balance of my time. them. merce and Technology (CONTACT). For the The Acting CHAIRMAN. The com- Mr. STARK. Mr. Chairman, I rise in opposi- past four years, the University of Houston has mittee will rise informally. tion to yet another bloated Defense Appropria- been partnering with several University of The SPEAKER pro tempore (Mr. tions bill. H.R. 5631 provides billions more for Texas System institutions, Rice University, CHOCOLA) assumed the Chair. missile defense systems that are nothing but and the Air Force Research Laboratory f a pipe dream and a War in Iraq that has (AFRL) in the Strategic Partnership for Re- MESSAGES FROM THE PRESIDENT turned into an international nightmare. search in Nanotechnology (SPRING). Federal Messages in writing from the Presi- Republicans in Congress should wake up funding for SPRING will end in FY06, and dent of the United States were commu- and smell the coffee. Another $9 billion for de- CONTACT will carry on the work started under nicated to the House by Ms. Wanda velopment of ineffective and outdated weap- that partnership. Evans, one of his secretaries. ons systems may boost the bottom lines of CONTACT will have two main goals: to en- The SPEAKER pro tempore. The their well-connected sugar daddies in the de- sure our national air superiority through Committee will resume its sitting. fense industry. But throwing good money after nanomaterials research and development, and bad will do little to make Ronald Reagan’s to commercialize nanomaterials developed by f Cold War fantasy a reality. Despite nearly scientists from Texas universities. This funding DEPARTMENT OF DEFENSE $100 billion in research, these systems have will make use of existing infrastructure and en- APPROPRIATIONS ACT, 2007 yet to demonstrate even a basic ability to able research, development and technology The Committee resumed its sitting. intercept incoming missiles. Even if they could, transfer that address three critical capabilities The Acting CHAIRMAN. All time for they’d do little to make us secure from the of the Air Force: power on demand, general debate has expired. much more likely and contemporary threat of reconfigurable full-spectrum detectors, and Pursuant to the rule, the bill shall be a weapon delivered by suitcase or cargo con- interdisciplinary fundamental nanoscience and considered for amendment under the 5- tainer. engineering. minute rule. Republicans have irresponsibly funded the The second project will modernize the During consideration of the bill for majority of their misguided Iraqi adventure Standard Army Retail Supply Systems amendment, the Chair may accord pri- through supplementals. But they couldn’t resist (SARSS) and Standard Army Ammunition ority in recognition to a Member offer- also including tens of billions more in today’s System (SAAS) and combine the two systems ing an amendment that he has printed

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.043 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4254 CONGRESSIONAL RECORD — HOUSE June 20, 2006 in the designated place in the CONGRES- fornia I agree, we certainly should not enlisted individuals earn less than SIONAL RECORD. Those amendments overthrow a democratically elected $2,000 per month even if they have com- will be considered read. government. I appreciate the gentle- pleted ROTC courses or 2-year or 4-year The Clerk will read. woman’s long concern and attention to college programs. Mr. Chairman, I The Clerk read as follows: raising this issue. And I want to assure know we can do better. H.R. 5631 her that as this bill moves forward we I want to thank both Mr. MURTHA Be it enacted by the Senate and House of Rep- will be mindful to work with her and and Mr. YOUNG of Florida for being resentatives of the United States of America in her staff to do everything we can to steadfast warriors on the battlefield of Congress assembled, That the following sums help. benefits for our military and for in- are appropriated, out of any money in the Ms. LEE. Mr. Chairman, let me just creasing the benefits to their families Treasury not otherwise appropriated, for the say, thank you, again, to the gen- and to them. I would hope with the in- fiscal year ending September 30, 2007, for tleman for his attention to this issue military functions administered by the De- creases in experience and education partment of Defense and for other purposes, and to so many issues that are impor- and commission that we are seeing in namely: tant to our Nation. He is truly a coura- our young military that we will close TITLE I geous hero to many of our minds and the civilian gap so that our young mili- many of our views, and we look for- MILITARY PERSONNEL tary, our reservists, National Guard, ward to continuing to work with him MILITARY PERSONNEL, ARMY and others will not suffer this, if you and the entire House in standing up for For pay, allowances, individual clothing, will, incompatibility with their needs. democracy throughout the world. Finally, a May 2004 survey of reserv- subsistence, interest on deposits, gratuities, Mr. MURTHA. Mr. Chairman, I yield permanent change of station travel (includ- ists from the Department of Defense ing all expenses thereof for organizational to the gentlewoman from Texas for a found that 51 percent reported an earn- movements), and expenses of temporary duty colloquy. She has an amendment, but I ing loss, including 44 percent who re- travel between permanent duty stations, for hope we can discuss this. ported a drop of 10 percent or more, members of the Army on active duty, (except Ms. JACKSON-LEE of Texas. Mr. and 21 percent reported an income loss members of reserve components provided for Chairman, I rise for the purpose of en- of 20 percent or more. Although this elsewhere), cadets, and aviation cadets; for tering into a colloquy with the gen- members of the Reserve Officers’ Training may be due to differences in taxes and tleman from Florida (Mr. YOUNG) and other factors, we need to make sure Corps; and for payments pursuant to section Mr. MURTHA from Pennsylvania. that those in Active Duty are not pun- 156 of Public Law 97–377, as amended (42 As indicated, I have an amendment ished for serving. I hope, as we move U.S.C. 402 note), and to the Department of that I was prepared to offer that asks Defense Military Retirement Fund, through this process, the voices that $25,259,649,000. for the same increase, 2.7 percent, that the Federal employees were getting for will be heard will be Members like the Mr. MURTHA. Mr. Chairman, I move military personnel, which is now at 2.2 chairman and ranking member of this to strike the last word. I yield to the percent for the military. subcommittee, that we must do more gentlewoman from California (Ms. for our young men and women on the LEE). b 1445 frontlines, our reservists, and our Na- Ms. LEE. Mr. Chairman, let me One of the few issues on which all tional Guard. thank the gentleman for yielding and Members of Congress agree is that our I ask the gentlemen here today with for his leadership and for the very hard military personnel are cherished de- me do they share my concerns to in- work that he consistently does for the fenders of our Nation, that we value crease the salaries? And as well, I security of our Nation. them highly, that we are proud of would hope that they would work with I appreciate this opportunity to dis- them. Every day they stand between all of us to find a way to properly com- cuss an issue that is of great impor- the status quo and an ideal for a better pensate and reward our brave men and tance, and that is ensuring that our future and put their lives on the line to women in uniform wherever they Federal dollars are not used to support realize this goal. might be. groups or individuals engaged in efforts The current pay increase for military Mr. MURTHA. Mr. Chairman, I want to overthrow democratically elected personnel in this appropriations bill is to assure the gentlewoman from Texas governments. 2.2 percent. This is a total of $84.9 bil- that both the chairman and I have Mr. Chairman, in an ideal world, we lion for military personnel accounts, done everything we can to make sure would not need to have to explicitly which is $1.9 billion greater than in fis- that the pay is comparable with the ci- stipulate this, but events in Haiti in cal year 2006, but it is $1.2 billion less vilian sector. In the past it was usually 2004 and in Venezuela have led me to than necessary, I believe, to help us get opposite. believe that we need to codify this to 2.7 percent. And what we are concerned about in straightforward nonpartisan position. We just passed the Transportation- the amendment you were going to offer As we know, the administration has Treasury-HUD appropriation bill, was where it came from. So we are committed its second term to spread- which provided a 2.7 percent pay in- going to work something out. If there ing democracy around the world, and crease for civilian Federal workers, as is an increase in the civilian pay, you this should not be a partisan issue. It is well as targeted pay increases for a va- can be assured that the Defense De- at the core of our Nation’s values; and riety of enlisted personnel and officer partment will get the same increase. quite simply put, it is fundamental to grades. We need to make the strong Mr. YOUNG of Florida. Mr. Chair- who we are as a people and what we statement that we value our Armed man, I move to strike the last word. stand for as a Nation. Forces just as much as we do our civil- I yield to the gentlewoman from However, Mr. Chairman, we need to ian public servants. My amendment Texas for her question. be sure that this administration, or simply increases military personnel Ms. JACKSON-LEE of Texas. Mr. equally any future administration, pay by 2.7 percent over fiscal year 2006. Chairman, I thank the gentleman for that if they do not agree with certain Every day we are reminded of the yielding. democratically elected governments, sacrifice our children and our neigh- This is an amendment that I would that it does not use the Department of bors are making. Over 2,500 soldiers have offered, and I am delighted to not Defense funds to overthrow those have died in Iraq, and over 19,000 have have to be able to offer it. And I thank democratically elected governments. been injured. Several years ago mili- the gentleman from Pennsylvania and Such actions fly in the face of our own tary personnel were paid 13 percent less thank the gentleman from Florida. fundamental democratic principles. So than comparable civilian pay. This gap, And in noting all of their work, we I would just like to ask the gentleman however, has narrowed within the past have worked together, and I am very from Pennsylvania (Mr. MURTHA) if he few years to 6.5 percent in fiscal year appreciative and hopeful that we will could comment on this and what his 2005. And it is my goal to ensure that be able to work together on this in- views are with regard to the ideas that we will continue to narrow even more crease in salaries and compensation for we are presenting today. in the coming years. our brave men and women. Mr. MURTHA. Mr. Chairman, I want According to the fiscal year 2006 pay Mr. LEWIS of California. Mr. Chair- to assure the gentlewoman from Cali- charts, after 4 months of service, newly man, will the gentleman yield?

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.070 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4255 Mr. YOUNG of Florida. I yield to the on active duty under section 12301(d) of title title 10, United States Code, or while under- gentleman from California. 10, United States Code, in connection with going training, or while performing drills or Mr. LEWIS of California. The reason performing duty specified in section 12310(a) equivalent duty or other duty, and expenses I asked you to yield, Mr. Chairman, is of title 10, United States Code, or while un- authorized by section 16131 of title 10, United dergoing reserve training, or while per- States Code; and for payments to the Depart- that it strikes me that the entire mem- forming drills or equivalent duty or other ment of Defense Military Retirement Fund, bership should know that already Mr. duty, and expenses authorized by section $2,038,097,000. MURTHA and you together have lost out 16131 of title 10, United States Code; and for TITLE II to the legislative branch sub- payments to the Department of Defense Mili- OPERATION AND MAINTENANCE committee. It is a very unusual thing. tary Retirement Fund, $3,034,500,000. OPERATION AND MAINTENANCE, ARMY I think maybe Mr. MURTHA has lost RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, control. For pay, allowances, clothing, subsistence, necessary for the operation and maintenance Mr. YOUNG of Florida. Mr. Chair- gratuities, travel, and related expenses for of the Army, as authorized by law; and not man, reclaiming my time, in response personnel of the Navy Reserve on active duty to exceed $11,478,000 can be used for emer- under section 10211 of title 10, United States to the gentlewoman’s question, as Mr. gencies and extraordinary expenses, to be ex- Code, or while serving on active duty under MURTHA suggested, we look for every pended on the approval or authority of the section 12301(d) of title 10, United States way that we can to enhance the quality Secretary of the Army, and payments may Code, in connection with performing duty be made on his certificate of necessity for of life for the members of our military, specified in section12310(a) of title 10, United confidential military purposes, to get as many pay increases and as States Code, or while undergoing reserve $22,292,965,000: Provided, That of funds made many benefits as we can, because we training, or while performing drills or equiv- available under this heading, $2,499,000 shall recognize how important that these he- alent duty, and expenses authorized by sec- be available for Fort Baker, in accordance roes are, these warriors are, to the se- tion 16131 of title 10, United States Code; and with the terms and conditions as provided for payments to the Department of Defense curity of our Nation. under the heading ‘‘Operation and Mainte- Military Retirement Fund, $1,485,548,000. I thank the gentlewoman for bring- nance, Army’’, in Public Law 107–117. RESERVE PERSONNEL, MARINE CORPS ing up this issue, but I would say Mr. OPERATION AND MAINTENANCE, NAVY MURTHA and I have looked for every op- For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, portunity we can to make things better gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on ac- necessary for the operation and maintenance for those who serve in our military. of the Navy and the Marine Corps, as author- The Acting CHAIRMAN. The Clerk tive duty under section 10211 of title 10, United States Code, or while serving on ac- ized by law; and not to exceed $6,129,000 can will read. tive duty under section 12301(d) of title 10, be used for emergencies and extraordinary The Clerk read as follows: United States Code, in connection with per- expenses, to be expended on the approval or MILITARY PERSONNEL, NAVY forming duty specified in section 12310(a) of authority of the Secretary of the Navy, and payments may be made on his certificate of For pay, allowances, individual clothing, title 10, United States Code, or while under- necessity for confidential military purposes, subsistence, interest on deposits, gratuities, going reserve training, or while performing $29,853,676,000. permanent change of station travel (includ- drills or equivalent duty, and for members of ing all expenses thereof for organizational the Marine Corps platoon leaders class, and OPERATION AND MAINTENANCE, MARINE CORPS movements), and expenses of temporary duty expenses authorized by section 16131 of title For expenses, not otherwise provided for, travel between permanent duty stations, for 10, United States Code; and for payments to necessary for the operation and maintenance members of the Navy on active duty (except the Department of Defense Military Retire- of the Marine Corps, as authorized by law, members of the Reserve provided for else- ment Fund, $498,556,000. $3,351,121,000. where), midshipmen, and aviation cadets; for RESERVE PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, AIR FORCE members of the Reserve Officers’ Training For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, Corps; and for payments pursuant to section gratuities, travel, and related expenses for necessary for the operation and maintenance 156 of Public Law 97–377, as amended (42 personnel of the Air Force Reserve on active of the Air Force, as authorized by law; and U.S.C. 402 note), and to the Department of duty under sections 10211, 10305, and 8038 of not to exceed $7,699,000 can be used for emer- Defense Military Retirement Fund, title 10, United States Code, or while serving gencies and extraordinary expenses, to be ex- $19,049,454,000. on active duty under section 12301(d) of title pended on the approval or authority of the MILITARY PERSONNEL, MARINE CORPS 10, United States Code, in connection with Secretary of the Air Force, and payments For pay, allowances, individual clothing, performing duty specified in section 12310(a) may be made on his certificate of necessity subsistence, interest on deposits, gratuities, of title 10, United States Code, or while un- for confidential military purposes, permanent change of station travel (includ- dergoing reserve training, or while per- $29,089,688,000. forming drills or equivalent duty or other ing all expenses thereof for organizational OPERATION AND MAINTENANCE, DEFENSE-WIDE movements), and expenses of temporary duty duty, and expenses authorized by section travel between permanent duty stations, for 16131 of title 10, United States Code; and for (INCLUDING TRANSFER OF FUNDS) members of the Marine Corps on active duty payments to the Department of Defense Mili- For expenses, not otherwise provided for, (except members of the Reserve provided for tary Retirement Fund, $1,246,320,000. necessary for the operation and maintenance elsewhere); and for payments pursuant to NATIONAL GUARD PERSONNEL, ARMY of activities and agencies of the Department of Defense (other than the military depart- section 156 of Public Law 97–377, as amended For pay, allowances, clothing, subsistence, ments), as authorized by law, $19,883,790,000: (42 U.S.C. 402 note), and to the Department of gratuities, travel, and related expenses for Provided, That not more than $25,000,000 may Defense Military Retirement Fund, personnel of the Army National Guard while be used for the Combatant Commander Ini- $7,932,749,000. on duty under section 10211, 10302, or 12402 of tiative Fund authorized under section 166a of MILITARY PERSONNEL, AIR FORCE title 10 or section 708 of title 32, United title 10, United States Code: Provided further, States Code, or while serving on duty under For pay, allowances, individual clothing, That not to exceed $40,000,000 can be used for section 12301(d) of title 10 or section 502(f) of subsistence, interest on deposits, gratuities, emergencies and extraordinary expenses, to title 32, United States Code, in connection permanent change of station travel (includ- be expended on the approval or authority of with performing duty specified in section ing all expenses thereof for organizational the Secretary of Defense, and payments may 12310(a) of title 10, United States Code, or movements), and expenses of temporary duty be made on his certificate of necessity for while undergoing training, or while per- travel between permanent duty stations, for confidential military purposes: Provided fur- forming drills or equivalent duty or other members of the Air Force on active duty (ex- ther, That of the funds made available under duty, and expenses authorized by section cept members of reserve components pro- this heading, $6,300,000 is available for con- 16131 of title 10, United States Code; and for vided for elsewhere), cadets, and aviation ca- tractor support to coordinate a wind test payments to the Department of Defense Mili- dets; for members of the Reserve Officers’ demonstration project on an Air Force in- tary Retirement Fund, $4,693,595,000. Training Corps; and for payments pursuant stallation using wind turbines manufactured to section 156 of Public Law 97–377, as NATIONAL GUARD PERSONNEL, AIR FORCE in the United States that are new to the amended (42 U.S.C. 402 note), and to the De- For pay, allowances, clothing, subsistence, United States market and to execute the re- partment of Defense Military Retirement gratuities, travel, and related expenses for newable energy purchasing plan: Provided Fund, $19,676,481,000. personnel of the Air National Guard on duty further, That none of the funds appropriated RESERVE PERSONNEL, ARMY under section 10211, 10305, or 12402 of title 10 or otherwise made available by this Act may For pay, allowances, clothing, subsistence, or section 708 of title 32, United States Code, be used to plan or implement the consolida- gratuities, travel, and related expenses for or while serving on duty under section tion of a budget or appropriations liaison of- personnel of the Army Reserve on active 12301(d) of title 10 or section 502(f) of title 32, fice of the Office of the Secretary of Defense, duty under sections 10211, 10302, and 3038 of United States Code, in connection with per- the office of the Secretary of a military de- title 10, United States Code, or while serving forming duty specified in section 12310(a) of partment, or the service headquarters of one

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of the Armed Forces into a legislative affairs OPERATION AND MAINTENANCE, AIR NATIONAL MISSILE PROCUREMENT, ARMY or legislative liaison office: Provided further, GUARD For construction, procurement, produc- That $4,000,000, to remain available until ex- For expenses of training, organizing, and tion, modification, and modernization of pended, is available only for expenses relat- administering the Air National Guard, in- missiles, equipment, including ordnance, ing to certain classified activities, and may cluding medical and hospital treatment and ground handling equipment, spare parts, and be transferred as necessary by the Secretary related expenses in non-Federal hospitals; accessories therefor; specialized equipment to operation and maintenance appropriations maintenance, operation, and repairs to and training devices; expansion of public and or research, development, test and evalua- structures and facilities; transportation of private plants, including the land necessary tion appropriations, to be merged with and things, hire of passenger motor vehicles; sup- therefor, for the foregoing purposes, and to be available for the same time period as plying and equipping the Air National such lands and interests therein, may be ac- the appropriations to which transferred: Pro- Guard, as authorized by law; expenses for re- quired, and construction prosecuted thereon vided further, That any ceiling on the invest- pair, modification, maintenance, and issue of prior to approval of title; and procurement ment item unit cost of items that may be supplies and equipment, including those fur- and installation of equipment, appliances, purchased with operation and maintenance nished from stocks under the control of and machine tools in public and private funds shall not apply to the funds described agencies of the Department of Defense; trav- plants; reserve plant and Government and in the preceding proviso: Provided further, el expenses (other than mileage) on the same contractor-owned equipment layaway; and That the transfer authority provided under basis as authorized by law for Air National other expenses necessary for the foregoing this heading is in addition to any other Guard personnel on active Federal duty, for purposes, $1,350,898,000, to remain available transfer authority provided elsewhere in this Air National Guard commanders while in- for obligation until September 30, 2009, of Act. specting units in compliance with National which $110,000,000 shall be available for the OPERATION AND MAINTENANCE, ARMY Guard Bureau regulations when specifically Army National Guard and Army Reserve. RESERVE authorized by the Chief, National Guard Bu- PROCUREMENT OF WEAPONS AND TRACKED For expenses, not otherwise provided for, reau, $5,035,310,000. COMBAT VEHICLES, ARMY necessary for the operation and mainte- UNITED STATES COURT OF APPEALS FOR THE For construction, procurement, produc- nance, including training, organization, and ARMED FORCES tion, and modification of weapons and administration, of the Army Reserve; repair For salaries and expenses necessary for the tracked combat vehicles, equipment, includ- of facilities and equipment; hire of passenger United States Court of Appeals for the ing ordnance, spare parts, and accessories motor vehicles; travel and transportation; Armed Forces, $11,721,000, of which not to ex- therefor; specialized equipment and training care of the dead; recruiting; procurement of ceed $5,000 may be used for official represen- devices; expansion of public and private services, supplies, and equipment; and com- tation purposes. plants, including the land necessary there- munications, $2,064,512,000. OVERSEAS HUMANITARIAN, DISASTER, AND for, for the foregoing purposes, and such OPERATION AND MAINTENANCE, NAVY RESERVE CIVIC AID lands and interests therein, may be acquired, and construction prosecuted thereon prior to For expenses, not otherwise provided for, For expenses relating to the Overseas Hu- approval of title; and procurement and in- necessary for the operation and mainte- manitarian, Disaster, and Civic Aid pro- stallation of equipment, appliances, and ma- nance, including training, organization, and grams of the Department of Defense (con- chine tools in public and private plants; re- administration, of the Navy Reserve; repair sisting of the programs provided under sec- serve plant and Government and contractor- of facilities and equipment; hire of passenger tions 401, 402, 404, 2557, and 2561 of title 10, owned equipment layaway; and other ex- motor vehicles; travel and transportation; United States Code), $63,204,000, to remain penses necessary for the foregoing purposes, care of the dead; recruiting; procurement of available until September 30, 2008. $2,047,804,000, to remain available for obliga- services, supplies, and equipment; and com- FORMER SOVIET UNION THREAT REDUCTION munications, $1,223,628,000. tion until September 30, 2009, of which ACCOUNT $218,481,000 shall be available for the Army OPERATION AND MAINTENANCE, MARINE CORPS For assistance to the republics of the National Guard and Army Reserve. RESERVE former Soviet Union, including assistance PROCUREMENT OF AMMUNITION, ARMY For expenses, not otherwise provided for, provided by contract or by grants, for facili- For construction, procurement, produc- necessary for the operation and mainte- tating the elimination and the safe and se- tion, and modification of ammunition, and nance, including training, organization, and cure transportation and storage of nuclear, accessories therefor; specialized equipment administration, of the Marine Corps Reserve; chemical and other weapons; for establishing and training devices; expansion of public and repair of facilities and equipment; hire of programs to prevent the proliferation of private plants, including ammunition facili- passenger motor vehicles; travel and trans- weapons, weapons components, and weapon- ties, authorized by section 2854 of title 10, portation; care of the dead; recruiting; pro- related technology and expertise; for pro- United States Code, and the land necessary curement of services, supplies, and equip- grams relating to the training and support of therefor, for the foregoing purposes, and ment; and communications, $202,732,000. defense and military personnel for demili- such lands and interests therein, may be ac- tarization and protection of weapons, weap- OPERATION AND MAINTENANCE, AIR FORCE quired, and construction prosecuted thereon ons components and weapons technology and RESERVE prior to approval of title; and procurement expertise, and for defense and military con- For expenses, not otherwise provided for, and installation of equipment, appliances, tacts, $372,128,000, to remain available until necessary for the operation and mainte- and machine tools in public and private September 30, 2009. nance, including training, organization, and plants; reserve plant and Government and administration, of the Air Force Reserve; re- TITLE III contractor-owned equipment layaway; and pair of facilities and equipment; hire of pas- PROCUREMENT other expenses necessary for the foregoing senger motor vehicles; travel and transpor- AIRCRAFT PROCUREMENT, ARMY purposes, $1,710,475,000, to remain available tation; care of the dead; recruiting; procure- For construction, procurement, produc- for obligation until September 30, 2009, of ment of services, supplies, and equipment; tion, modification, and modernization of air- which $197,181,000 shall be available for the and communications, $2,659,951,000. craft, equipment, including ordnance, ground Army National Guard and Army Reserve. OPERATION AND MAINTENANCE, ARMY handling equipment, spare parts, and acces- OTHER PROCUREMENT, ARMY NATIONAL GUARD sories therefor; specialized equipment and For construction, procurement, produc- For expenses of training, organizing, and training devices; expansion of public and pri- tion, and modification of vehicles, including administering the Army National Guard, in- vate plants, including the land necessary tactical, support, and non-tracked combat cluding medical and hospital treatment and therefor, for the foregoing purposes, and vehicles; the purchase of passenger motor ve- related expenses in non-Federal hospitals; such lands and interests therein, may be ac- hicles for replacement only; communications maintenance, operation, and repairs to quired, and construction prosecuted thereon and electronic equipment; other support structures and facilities; hire of passenger prior to approval of title; and procurement equipment; spare parts, ordnance, and acces- motor vehicles; personnel services in the Na- and installation of equipment, appliances, sories therefor; specialized equipment and tional Guard Bureau; travel expenses (other and machine tools in public and private training devices; expansion of public and pri- than mileage), as authorized by law for plants; reserve plant and Government and vate plants, including the land necessary Army personnel on active duty, for Army contractor-owned equipment layaway; and therefor, for the foregoing purposes, and National Guard division, regimental, and other expenses necessary for the foregoing such lands and interests therein, may be ac- battalion commanders while inspecting units purposes, $3,529,983,000, to remain available quired, and construction prosecuted thereon in compliance with National Guard Bureau for obligation until September 30, 2009, of prior to approval of title; and procurement regulations when specifically authorized by which $27,375,000 shall be available for the and installation of equipment, appliances, the Chief, National Guard Bureau; supplying Army National Guard and Army Reserve: and machine tools in public and private and equipping the Army National Guard as Provided, That $19,200,000 of the funds pro- plants; reserve plant and Government and authorized by law; and expenses of repair, vided in this paragraph are available only for contractor-owned equipment layaway; and modification, maintenance, and issue of sup- the purpose of acquiring one (1) HH–60L med- other expenses necessary for the foregoing plies and equipment (including aircraft), ical evacuation Variant Blackhawk heli- purposes, $7,005,338,000, to remain available $4,436,839,000. copter only for the Army Reserve. for obligation until September 30, 2009, of

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4257 which $534,360,000 shall be available for the One DD(X) Destroyer, $2,568,111,000; away; and other expenses necessary for the Army National Guard and Army Reserve. DDG–51 Destroyer, $355,849,000; foregoing purposes including rents and trans- AIRCRAFT PROCUREMENT, NAVY DDG–51 Destroyer Modernization, portation of things, $11,852,467,000, to remain For construction, procurement, produc- $50,000,000; available for obligation until September 30, tion, modification, and modernization of air- Littoral Combat Ship, $520,670,000; 2009, of which $470,300,000 shall be available craft, equipment, including ordnance, spare LPD–17 (AP), $297,492,000; for the Air National Guard and Air Force Re- parts, and accessories therefor; specialized LHA–R, $1,135,917,000; serve. equipment; expansion of public and private Special Purpose Craft, $4,500,000; MISSILE PROCUREMENT, AIR FORCE plants, including the land necessary there- Service Craft, $45,245,000; For construction, procurement, and modi- for, and such lands and interests therein, LCAC Service Life Extension Program, fication of missiles, spacecraft, rockets, and may be acquired, and construction pros- $110,692,000; related equipment, including spare parts and ecuted thereon prior to approval of title; and Prior year shipbuilding costs, $436,449,000; accessories therefor, ground handling equip- procurement and installation of equipment, and ment, and training devices; expansion of pub- appliances, and machine tools in public and For outfitting, post delivery, conversions, lic and private plants, Government-owned private plants; reserve plant and Govern- and first destination transportation, equipment and installation thereof in such ment and contractor-owned equipment lay- $410,643,000. plants, erection of structures, and acquisi- away, $10,590,934,000, to remain available for In all: $10,491,653,000, to remain available tion of land, for the foregoing purposes, and obligation until September 30, 2009, of which for obligation until September 30, 2011: Pro- such lands and interests therein, may be ac- $154,800,000 shall be available for the Navy vided, That additional obligations may be in- quired, and construction prosecuted thereon Reserve and Marine Corps Reserve. curred after September 30, 2011, for engineer- prior to approval of title; reserve plant and ing services, tests, evaluations, and other WEAPONS PROCUREMENT, NAVY Government and contractor-owned equip- such budgeted work that must be performed ment layaway; and other expenses necessary For construction, procurement, produc- in the final stage of ship construction: Pro- tion, modification, and modernization of for the foregoing purposes including rents vided further, That none of the funds provided and transportation of things, $3,746,636,000, to missiles, torpedoes, other weapons, and re- under this heading for the construction or lated support equipment including spare remain available for obligation until Sep- conversion of any naval vessel to be con- tember 30, 2009. parts, and accessories therefor; expansion of structed in shipyards in the United States PROCUREMENT OF AMMUNITION, AIR FORCE public and private plants, including the land shall be expended in foreign facilities for the necessary therefor, and such lands and inter- construction of major components of such For construction, procurement, produc- ests therein, may be acquired, and construc- vessel: Provided further, That none of the tion, and modification of ammunition, and tion prosecuted thereon prior to approval of funds provided under this heading shall be accessories therefor; specialized equipment title; and procurement and installation of used for the construction of any naval vessel and training devices; expansion of public and equipment, appliances, and machine tools in in foreign shipyards. private plants, including ammunition facili- public and private plants; reserve plant and ties, authorized by section 2854 of title 10, Government and contractor-owned equip- OTHER PROCUREMENT, NAVY United States Code, and the land necessary ment layaway, $2,533,920,000, to remain avail- For procurement, production, and mod- therefor, for the foregoing purposes, and able for obligation until September 30, 2009. ernization of support equipment and mate- such lands and interests therein, may be ac- rials not otherwise provided for, Navy ord- PROCUREMENT OF AMMUNITION, NAVY AND quired, and construction prosecuted thereon nance (except ordnance for new aircraft, new MARINE CORPS prior to approval of title; and procurement ships, and ships authorized for conversion); For construction, procurement, produc- and installation of equipment, appliances, the purchase of passenger motor vehicles for tion, and modification of ammunition, and and machine tools in public and private replacement only; expansion of public and accessories therefor; specialized equipment plants; reserve plant and Government and private plants, including the land necessary and training devices; expansion of public and contractor-owned equipment layaway; and therefor, and such lands and interests there- private plants, including ammunition facili- other expenses necessary for the foregoing in, may be acquired, and construction pros- ties, authorized by section 2854 of title 10, purposes, $1,079,249,000, to remain available ecuted thereon prior to approval of title; and United States Code, and the land necessary for obligation until September 30, 2009, of procurement and installation of equipment, therefor, for the foregoing purposes, and which $163,800,000 shall be available for the appliances, and machine tools in public and such lands and interests therein, may be ac- Air National Guard and Air Force Reserve. private plants; reserve plant and Govern- quired, and construction prosecuted thereon OTHER PROCUREMENT, AIR FORCE ment and contractor-owned equipment lay- prior to approval of title; and procurement For procurement and modification of away, $5,022,005,000, to remain available for and installation of equipment, appliances, equipment (including ground guidance and obligation until September 30, 2009, of which and machine tools in public and private electronic control equipment, and ground $23,000,000 shall be available for the Navy Re- plants; reserve plant and Government and electronic and communication equipment), serve and Marine Corps Reserve. contractor-owned equipment layaway; and and supplies, materials, and spare parts other expenses necessary for the foregoing PROCUREMENT, MARINE CORPS therefor, not otherwise provided for; the pur- purposes, $775,893,000, to remain available for For expenses necessary for the procure- chase of passenger motor vehicles for re- obligation until September 30, 2009, of which ment, manufacture, and modification of mis- placement only; lease of passenger motor ve- $19,600,000 shall be available for the Navy Re- siles, armament, military equipment, spare hicles; and expansion of public and private serve and Marine Corps Reserve. parts, and accessories therefor; plant equip- plants, Government-owned equipment and SHIPBUILDING AND CONVERSION, NAVY ment, appliances, and machine tools, and in- installation thereof in such plants, erection For expenses necessary for the construc- stallation thereof in public and private of structures, and acquisition of land, for the tion, acquisition, or conversion of vessels as plants; reserve plant and Government and foregoing purposes, and such lands and inter- authorized by law, including armor and ar- contractor-owned equipment layaway; vehi- ests therein, may be acquired, and construc- mament thereof, plant equipment, appli- cles for the Marine Corps, including the pur- tion prosecuted thereon, prior to approval of ances, and machine tools and installation chase of passenger motor vehicles for re- title; reserve plant and Government and con- thereof in public and private plants; reserve placement only; and expansion of public and tractor-owned equipment layaway, plant and Government and contractor-owned private plants, including land necessary $15,423,536,000, to remain available for obliga- equipment layaway; procurement of critical, therefor, and such lands and interests there- tion until September 30, 2009, of which long leadtime components and designs for in, may be acquired, and construction pros- $145,600,000 shall be available for the Air Na- vessels to be constructed or converted in the ecuted thereon prior to approval of title, tional Guard and Air Force Reserve. future; and expansion of public and private $1,191,113,000, to remain available for obliga- PROCUREMENT, DEFENSE-WIDE plants, including land necessary therefor, tion until September 30, 2009. For expenses of activities and agencies of and such lands and interests therein, may be AIRCRAFT PROCUREMENT, AIR FORCE the Department of Defense (other than the acquired, and construction prosecuted there- For construction, procurement, and modi- military departments) necessary for procure- on prior to approval of title, as follows: fication of aircraft and equipment, including ment, production, and modification of equip- Carrier Replacement Program (AP), armor and armament, specialized ground ment, supplies, materials, and spare parts $784,143,000; handling equipment, and training devices, therefor, not otherwise provided for; the pur- NSSN, $1,775,472,000; spare parts, and accessories therefor; special- chase of passenger motor vehicles for re- NSSN (AP), $676,582,000; ized equipment; expansion of public and pri- placement only; expansion of public and pri- CVN Refuelings, $954,495,000; vate plants, Government-owned equipment vate plants, equipment, and installation CVN Refuelings (AP), $117,139,000; and installation thereof in such plants, erec- thereof in such plants, erection of struc- SSN Engineered Refueling Overhauls (AP), tion of structures, and acquisition of land, tures, and acquisition of land for the fore- $22,078,000; for the foregoing purposes, and such lands going purposes, and such lands and interests SSBN Engineered Refueling Overhauls, and interests therein, may be acquired, and therein, may be acquired, and construction $189,022,000; construction prosecuted thereon prior to ap- prosecuted thereon prior to approval of title; SSBN Engineered Refueling Overhauls proval of title; reserve plant and Govern- reserve plant and Government and con- (AP), $37,154,000; ment and contractor-owned equipment lay- tractor-owned equipment layaway,

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4258 CONGRESSIONAL RECORD — HOUSE June 20, 2006 $2,890,531,000, to remain available for obliga- 2008: Provided, That funds appropriated in This idea of funding more prosthetics tion until September 30, 2009. this paragraph which are available for the V– research is recognizing the cherished NATIONAL GUARD AND RESERVE EQUIPMENT 22 may be used to meet unique operational defenders of our Nation. It is giving requirements of the Special Operations For procurement of aircraft, missiles, Forces: Provided further, That funds appro- them a second chance at life. This tracked combat vehicles, ammunition, other priated in this paragraph shall be available amendment would add additional fund- weapons, and other procurement for the re- for the Cobra Judy program. ing of $4 million in that area. We know serve components of the Armed Forces, RESEARCH, DEVELOPMENT, TEST AND that every day they stand between the $500,000,000, to remain available for obliga- status quo and an ideal for a better fu- tion until September 30, 2009: Provided, That EVALUATION, AIR FORCE the Chiefs of the Reserve and National Guard For expenses necessary for basic and ap- ture. components shall, not later than 30 days plied scientific research, development, test Might I just say that we have seen after the enactment of this Act, individually and evaluation, including maintenance, re- some of the more heinous injuries com- submit to the congressional defense commit- habilitation, lease, and operation of facili- ing from the IEDs in Afghanistan and tees the modernization priority assessment ties and equipment, $24,457,062,000, to remain Iraq. U.S. troops injured in Iraq have for their respective Reserve or National available for obligation until September 30, required limb amputations at twice the 2008. Guard component. rate of past wars. Bulletproof Kevlar RESEARCH, DEVELOPMENT, TEST AND DEFENSE PRODUCTION ACT PURCHASES EVALUATION, DEFENSE-WIDE vests protect soldiers’ bodies, but not For activities by the Department of De- For expenses of activities and agencies of their limbs. fense pursuant to sections 108, 301, 302, and the Department of Defense (other than the I am exhilarated that the rate of 303 of the Defense Production Act of 1950 (50 military departments), necessary for basic death is the lowest of any war we have U.S.C. App. 2078, 2091, 2092, and 2093), and applied scientific research, development, fought in our history, and I am sure $39,384,000, to remain available until ex- test and evaluation; advanced research that my colleagues join me in that. Yet pended. projects as may be designated and deter- we must continue the responsibility of TITLE IV mined by the Secretary of Defense, pursuant rehabilitation. RESEARCH, DEVELOPMENT, TEST AND to law; maintenance, rehabilitation, lease, The good news is that prosthetic re- and operation of facilities and equipment, EVALUATION search by the military has generated RESEARCH, DEVELOPMENT, TEST AND $21,208,264,000, to remain available for obliga- tion until September 30, 2008. their finest quality of prosthetic limbs, EVALUATION, ARMY and we have seen and I have seen For expenses necessary for basic and ap- b 1500 young men and women experience the plied scientific research, development, test AMENDMENT OFFERED BY MS. JACKSON-LEE OF joy of being able to walk again or to and evaluation, including maintenance, re- TEXAS use their arms again. They, of course, habilitation, lease, and operation of facili- Ms. JACKSON-LEE of Texas. Mr. ties and equipment, $11,834,882,000, to remain must now readjust to life at home, available for obligation until September 30, Chairman, I offer an amendment. they must relearn how to move, how to 2008. The Clerk read as follows: eat, how to walk, how to go grocery Amendment offered by Ms. JACKSON-LEE of AMENDMENT OFFERED BY MR. MURTHA shopping, how to cook and how to Texas. adapt to the rest of their lives. Mr. MURTHA. Mr. Chairman, I offer Page 28, line 23, before the period, insert an amendment. the following: ‘‘: Provided, That not less than The importance of prosthetic re- The Clerk read as follows: $10,000,000 of the funds appropriated in this search is increasing in light of the on- going hostilities in Iraq and the grow- Amendment offered by Mr. MURTHA: paragraph shall be used for prosthetic re- On page 27, line 17, insert after the first search’’. ing sophistication of the improvised dollar amount, the following: ‘‘(reduced by Mr. YOUNG of Florida. Mr. Chair- explosive devices used against our $5,000,000) (increased by $5,000,000)’’. man, I reserve a point of order on the troops. Mr. MURTHA (during the reading). gentlewoman’s amendment. I recently visited Walter Reed Hos- Mr. Chairman, I ask unanimous con- The Acting CHAIRMAN. The gen- pital, we met a number of wounded sol- sent that the amendment be considered tleman reserves a point of order. diers, many of whom were badly as read and printed in the RECORD. Ms. JACKSON-LEE of Texas. In the scarred physically, and needed to have The Acting CHAIRMAN. Is there ob- best of all worlds, Mr. Chairman, I the knowledge that the prosthetic de- jection to the request of the gentleman would hope that the point of order vices would be available for them. from Pennsylvania? could be waived; but at the same time So this amendment is simple. It at- There was no objection. as I discuss this amendment, I will ac- tempts to place special emphasis on Mr. MURTHA. Mr. Chairman, I offer knowledge the leadership of the rank- work that is ongoing and the impor- an amendment to restore funding for ing member and the chairman of this tance of continuing both the research an important national program known subcommittee. and the funding regarding prosthetic as PASIS, Perpetually Available and Living near a veterans hospital, hav- research. This will help the encreased Secure Information Systems program. ing the pleasure of having represented utilization of prosthetics for our sol- Mr. YOUNG of Florida. Mr. Chair- the veterans hospital in Houston, diers. Someone out there is listening, I man, I would like to say to the gen- Texas, and living in the State of Texas hope, in order to know that we are con- tleman that, as he knows, this is some- and recognizing the facilities that we cerned about the many issues that im- thing we had intended to do in the have dealing with the rehabilitation of pacts these soldiers’ lives; and one of committee, and it is important that we injured persons including injured sol- those issues is to have the opportunity do it at this point; so we accept this diers, I would say that this is one of to walk again. amendment. the more important funding areas that POINT OF ORDER Mr. MURTHA. I appreciate it. this bill has an ability to address. The Acting CHAIRMAN. Does the The Acting CHAIRMAN. The ques- Why? Because we realize that some gentleman from Florida insist upon his tion is on the amendment offered by 19,000 of the U.S. military and the num- point of order? the gentleman from Pennsylvania (Mr. ber is growing have been injured. Mr. YOUNG of Florida. Mr. Chair- As we know, both Mr. YOUNG and Mr. MURTHA). man, I make the point of order, reluc- The amendment was agreed to. MURTHA have steadily provided insight tantly, I might say, against the amend- The Acting CHAIRMAN. The Clerk as they visited the troops in many of ment because it provides an appropria- will read. our military hospitals, including Be- tion for an unauthorized program and The Clerk read as follows: thesda and Walter Reed; and as I have therefore violates clause 2 of rule XXI. had the opportunity to visit those hos- Clause 2 of rule XXI states in perti- RESEARCH, DEVELOPMENT, TEST AND pitals, as well as the veterans hospital nent part: ‘‘An appropriation may not EVALUATION, NAVY in Houston, the Michael DeBakey Hos- be in order as an amendment for an ex- For expenses necessary for basic and ap- pital, which I had the pleasure of nam- plied scientific research, development, test penditure not previously authorized by and evaluation, including maintenance, re- ing in honor of Dr. Michael DeBakey, law.’’ habilitation, lease, and operation of facili- one of the world’s renowned heart sur- Mr. Chairman, the amendment pro- ties and equipment, $17,654,518,000, to remain geons, but also a veteran of World War poses to appropriate funds for an ear- available for obligation until September 30, II. mark that is not authorized. The

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4259 amendment therefore violates clause 2 tion, in the direction and supervision of transfer to appropriations available to the of rule XXI. operational test and evaluation, including Department of Defense for military per- I ask for the ruling of the Chair. initial operational test and evaluation which sonnel of the reserve components serving The Acting CHAIRMAN. Do any is conducted prior to, and in support of, pro- under the provisions of title 10 and title 32, duction decisions; joint operational testing United States Code; for Operation and main- Members wish to speak on the point of and evaluation; and administrative expenses tenance; for Procurement; and for Research, order? in connection therewith, $181,520,000, to re- development, test and evaluation, Ms. JACKSON-LEE of Texas. I would. main available for obligation until Sep- $936,990,000: Provided, That the funds appro- I would like to yield to the distin- tember 30, 2008. priated under this heading shall be available guished ranking member to ask about TITLE V for obligation for the same time period and his belief and concern about the impor- REVOLVING AND MANAGEMENT FUNDS for the same purpose as the appropriation to tance of prosthetic research funding DEFENSE WORKING CAPITAL FUNDS which transferred: Provided further, That and continue to have the opportunity For the Defense Working Capital Funds, upon a determination that all or part of the $1,345,998,000. funds transferred from this appropriation are to work with him and Mr. YOUNG on not necessary for the purposes provided here- NATIONAL DEFENSE SEALIFT FUND this issue. in, such amounts may be transferred back to The Acting CHAIRMAN. The gentle- For National Defense Sealift Fund pro- this appropriation: Provided further, That the woman may not yield, but the Chair grams, projects, and activities, and for ex- transfer authority provided under this head- will hear the gentleman from Pennsyl- penses of the National Defense Reserve ing is in addition to any other transfer au- Fleet, as established by section 11 of the thority contained elsewhere in this Act. vania. Merchant Ship Sales Act of 1946 (50 U.S.C. Mr. MURTHA. Mr. Chairman, nobody App. 1744), and for the necessary expenses to OFFICE OF THE INSPECTOR GENERAL has worked harder than BILL YOUNG, maintain and preserve a U.S.-flag merchant For expenses and activities of the Office of his wife and myself in taking care of fleet to serve the national security needs of the Inspector General in carrying out the these troops at all the hospitals, all the United States, $1,071,932,000, to remain provisions of the Inspector General Act of over the country. Just last year we put available until expended: Provided, That 1978, as amended, $216,297,000, of which in money to start a new center for re- none of the funds provided in this paragraph $214,897,000 shall be for Operation and main- tenance, of which not to exceed $700,000 is habilitation of people that had lost shall be used to award a new contract that provides for the acquisition of any of the fol- available for emergencies and extraordinary their limbs and so forth. lowing major components unless such com- expenses to be expended on the approval or We appreciate your recommendation. ponents are manufactured in the United authority of the Inspector General, and pay- We hope you withdraw the amendment, States: auxiliary equipment, including ments may be made on the Inspector Gen- and we will continue to work toward pumps, for all shipboard services; propulsion eral’s certificate of necessity for confidential full funding, as much as we think is ab- system components (that is; engines, reduc- military purposes; and of which $1,400,000, to solutely necessary for all these hos- tion gears, and propellers); shipboard cranes; remain available until September 30, 2009, pitals. and spreaders for shipboard cranes: Provided shall be for Procurement. further, That the exercise of an option in a The Acting CHAIRMAN. Does any TITLE VII contract awarded through the obligation of RELATED AGENCIES other Member wish to be heard on the previously appropriated funds shall not be point of order? considered to be the award of a new contract: CENTRAL INTELLIGENCE AGENCY RETIREMENT Ms. JACKSON-LEE of Texas. Mr. Provided further, That the Secretary of the AND DISABILITY SYSTEM FUND Chairman, I will take the time to dis- military department responsible for such For payment to the Central Intelligence cuss the point of order and not discuss procurement may waive the restrictions in Agency Retirement and Disability System Fund, to maintain the proper funding level it, simply to say this amendment’s in- the first proviso on a case-by-case basis by certifying in writing to the Committees on for continuing the operation of the Central tention was to further highlight both Appropriations of the House of Representa- Intelligence Agency Retirement and Dis- the work already done by the ranking tives and the Senate that adequate domestic ability System, $256,400,000. member and the subcommittee Chair, supplies are not available to meet Depart- INTELLIGENCE COMMUNITY MANAGEMENT but also to express the need in my par- ment of Defense requirements on a timely ACCOUNT ticular locality in Houston, Texas, basis and that such an acquisition must be (INCLUDING TRANSFER OF FUNDS) made in order to acquire capability for na- where a number of these veterans are For necessary expenses of the Intelligence tional security purposes. coming back needing prosthetics. Community Management Account, Let me thank the ranking member PENTAGON RESERVATION MAINTENANCE $597,111,000, of which $27,454,000 for the Ad- and the chairman for the work already REVOLVING FUND vanced Research and Development Com- done and ask at this time, as the mon- For the Pentagon Reservation Mainte- mittee shall remain available until Sep- nance Revolving Fund, $18,500,000, to remain tember 30, 2008: Provided, That of the funds eys will be continue to be emphasized available until September 30, 2011. and the need already known, I will look appropriated under this heading, $39,000,000 TITLE VI shall be transferred to the Department of forward to working with both of them OTHER DEPARTMENT OF DEFENSE Justice for the National Drug Intelligence as these funds continue to increase to PROGRAMS Center to support the Department of De- help the need that is existing for those CHEMICAL AGENTS AND MUNITIONS fense’s counter-drug intelligence responsibil- needing prosthetics coming back from DESTRUCTION, ARMY ities, and of the said amount, $1,500,000 for the front line. For expenses, not otherwise provided for, Procurement shall remain available until Mr. Chairman, I ask unanimous con- necessary for the destruction of the United September 30, 2009 and $1,000,000 for Re- sent to withdraw the amendment. States stockpile of lethal chemical agents search, development, test and evaluation The Acting CHAIRMAN. Without ob- and munitions, to include construction of fa- shall remain available until September 30, jection, the amendment is withdrawn. cilities, in accordance with the provisions of 2008: Provided further, That the National section 1412 of the Department of Defense Drug Intelligence Center shall maintain the There was no objection. personnel and technical resources to provide Mr. YOUNG of Florida. Mr. Chair- Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare timely support to law enforcement authori- man, I ask unanimous consent that the materials that are not in the chemical weap- ties and the intelligence community by con- remainder of the bill through page 73, on stockpile, $1,277,304,000, of which ducting document and computer exploitation line 5 be considered as read, printed in $1,046,290,000 shall be for Operation and main- of materials collected in Federal, State, and the RECORD, and open to amendment at tenance; $231,014,000 shall be for Research, local law enforcement activity associated any point. development, test and evaluation, of which with counter-drug, counter-terrorism, and The Acting CHAIRMAN. Is there ob- $215,944,000 shall only be for the Assembled national security investigations and oper- ations. jection to the request of the gentleman Chemical Weapons Alternatives (ACWA) pro- gram, to remain available until September from Florida? TITLE VIII 30, 2008; and no less than $111,283,000 shall be GENERAL PROVISIONS There was no objection. for the Chemical Stockpile Emergency Pre- SEC. 8001. No part of any appropriation The text of the bill through page 73, paredness Program to remain available until contained in this Act shall be used for pub- line 5 is as follows: September 30, 2008. licity or propaganda purposes not authorized OPERATIONAL TEST AND EVALUATION, DRUG INTERDICTION AND COUNTER-DRUG by the Congress. DEFENSE ACTIVITIES, DEFENSE SEC. 8002. During the current fiscal year, For expenses, not otherwise provided for, (INCLUDING TRANSFER OF FUNDS) provisions of law prohibiting the payment of necessary for the independent activities of For drug interdiction and counter-drug ac- compensation to, or employment of, any per- the Director, Operational Test and Evalua- tivities of the Department of Defense, for son not a citizen of the United States shall

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.080 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4260 CONGRESSIONAL RECORD — HOUSE June 20, 2006 not apply to personnel of the Department of funds: Provided, That transfers may be made C–17 Globemaster; MH–60R Helicopters; Defense: Provided, That salary increases between such funds: Provided further, That MH–60R Helicopter mission equipment; and granted to direct and indirect hire foreign transfers may be made between working cap- V–22 Osprey. national employees of the Department of De- ital funds and the ‘‘Foreign Currency Fluc- SEC. 8009. Within the funds appropriated fense funded by this Act shall not be at a tuations, Defense’’ appropriation and the for the operation and maintenance of the rate in excess of the percentage increase au- ‘‘Operation and Maintenance’’ appropriation Armed Forces, funds are hereby appropriated thorized by law for civilian employees of the accounts in such amounts as may be deter- pursuant to section 401 of title 10, United Department of Defense whose pay is com- mined by the Secretary of Defense, with the States Code, for humanitarian and civic as- puted under the provisions of section 5332 of approval of the Office of Management and sistance costs under chapter 20 of title 10, title 5, United States Code, or at a rate in ex- Budget, except that such transfers may not United States Code. Such funds may also be cess of the percentage increase provided by be made unless the Secretary of Defense has obligated for humanitarian and civic assist- the appropriate host nation to its own em- notified the Congress of the proposed trans- ance costs incidental to authorized oper- ployees, whichever is higher: Provided fur- fer. Except in amounts equal to the amounts ations and pursuant to authority granted in ther, That this section shall not apply to De- appropriated to working capital funds in this section 401 of chapter 20 of title 10, United partment of Defense foreign service national Act, no obligations may be made against a States Code, and these obligations shall be employees serving at United States diplo- working capital fund to procure or increase reported as required by section 401(d) of title the value of war reserve material inventory, matic missions whose pay is set by the De- 10, United States Code: Provided, That funds unless the Secretary of Defense has notified partment of State under the Foreign Service available for operation and maintenance the Congress prior to any such obligation. Act of 1980: Provided further, That the limita- shall be available for providing humani- SEC. 8007. Funds appropriated by this Act tions of this provision shall not apply to for- tarian and similar assistance by using Civic eign national employees of the Department may not be used to initiate a special access program without prior notification 30 cal- Action Teams in the Trust Territories of the of Defense in the Republic of Turkey. endar days in advance to the congressional Pacific Islands and freely associated states SEC. 8003. No part of any appropriation of Micronesia, pursuant to the Compact of contained in this Act shall remain available defense committees. SEC. 8008. None of the funds provided in Free Association as authorized by Public for obligation beyond the current fiscal year, this Act shall be available to initiate: (1) a Law 99–239: Provided further, That upon a de- unless expressly so provided herein. multiyear contract that employs economic termination by the Secretary of the Army SEC. 8004. No more than 20 percent of the order quantity procurement in excess of that such action is beneficial for graduate appropriations in this Act which are limited $20,000,000 in any 1 year of the contract or medical education programs conducted at for obligation during the current fiscal year that includes an unfunded contingent liabil- Army medical facilities located in Hawaii, shall be obligated during the last 2 months of ity in excess of $20,000,000; or (2) a contract the Secretary of the Army may authorize the fiscal year: Provided, That this section for advance procurement leading to a the provision of medical services at such fa- shall not apply to obligations for support of multiyear contract that employs economic cilities and transportation to such facilities, active duty training of reserve components order quantity procurement in excess of on a nonreimbursable basis, for civilian pa- or summer camp training of the Reserve Of- $20,000,000 in any 1 year, unless the congres- tients from American Samoa, the Common- ficers’ Training Corps. sional defense committees have been notified wealth of the Northern Mariana Islands, the (TRANSFER OF FUNDS) at least 30 days in advance of the proposed Marshall Islands, the Federated States of Mi- SEC. 8005. Upon determination by the Sec- contract award: Provided, That no part of cronesia, Palau, and Guam. retary of Defense that such action is nec- any appropriation contained in this Act shall SEC. 8010. (a) During fiscal year 2007, the ci- essary in the national interest, he may, with be available to initiate a multiyear contract vilian personnel of the Department of De- the approval of the Office of Management for which the economic order quantity ad- fense may not be managed on the basis of and Budget, transfer not to exceed vance procurement is not funded at least to any end-strength, and the management of $4,750,000,000 of working capital funds of the the limits of the Government’s liability: Pro- such personnel during that fiscal year shall Department of Defense or funds made avail- vided further, That no part of any appropria- not be subject to any constraint or limita- able in this Act to the Department of De- tion contained in this Act shall be available tion (known as an end-strength) on the num- fense for military functions (except military to initiate multiyear procurement contracts ber of such personnel who may be employed construction) between such appropriations for any systems or component thereof if the on the last day of such fiscal year. or funds or any subdivision thereof, to be value of the multiyear contract would ex- (b) The fiscal year 2008 budget request for ceed $500,000,000 unless specifically provided merged with and to be available for the same the Department of Defense as well as all jus- in this Act: Provided further, That no purposes, and for the same time period, as tification material and other documentation multiyear procurement contract can be ter- the appropriation or fund to which trans- supporting the fiscal year 2008 Department of minated without 10-day prior notification to ferred: Provided, That such authority to Defense budget request shall be prepared and the congressional defense committees: Pro- transfer may not be used unless for higher submitted to the Congress as if subsections priority items, based on unforeseen military vided further, That the execution of multiyear authority shall require the use of (a) and (b) of this provision were effective requirements, than those for which origi- a present value analysis to determine lowest with regard to fiscal year 2007. nally appropriated and in no case where the cost compared to an annual procurement: (c) Nothing in this section shall be con- item for which funds are requested has been Provided further, That none of the funds pro- strued to apply to military (civilian) techni- denied by the Congress: Provided further, vided in this Act may be used for a cians. That the Secretary of Defense shall notify multiyear contract executed after the date SEC. 8011. None of the funds made available the Congress promptly of all transfers made of the enactment of this Act unless in the by this Act shall be used in any way, directly pursuant to this authority or any other au- case of any such contract— or indirectly, to influence congressional ac- thority in this Act: Provided further, That no (1) the Secretary of Defense has submitted tion on any legislation or appropriation mat- part of the funds in this Act shall be avail- to Congress a budget request for full funding ters pending before the Congress. able to prepare or present a request to the of units to be procured through the contract SEC. 8012. None of the funds appropriated Committees on Appropriations for re- and, in the case of a contract for procure- by this Act shall be available for the basic programming of funds, unless for higher pri- ment of aircraft, that includes, for any air- pay and allowances of any member of the ority items, based on unforeseen military re- craft unit to be procured through the con- Army participating as a full-time student quirements, than those for which originally tract for which procurement funds are re- and receiving benefits paid by the Secretary appropriated and in no case where the item quested in that budget request for produc- of Veterans Affairs from the Department of for which reprogramming is requested has tion beyond advance procurement activities Defense Education Benefits Fund when time been denied by the Congress: Provided fur- in the fiscal year covered by the budget, full spent as a full-time student is credited to- ther, That a request for multiple funding of procurement of such unit in that ward completion of a service commitment: reprogrammings of funds using authority fiscal year; Provided, That this section shall not apply to provided in this section must be made prior (2) cancellation provisions in the contract those members who have reenlisted with this to June 30, 2007: Provided further, That trans- do not include consideration of recurring option prior to October 1, 1987: Provided fur- fers among military personnel appropria- manufacturing costs of the contractor asso- ther, That this section applies only to active tions shall not be taken into account for pur- ciated with the production of unfunded units components of the Army. poses of the limitation on the amount of to be delivered under the contract; SEC. 8013. (a) LIMITATION ON CONVERSION TO funds that may be transferred under this sec- (3) the contract provides that payments to CONTRACTOR PERFORMANCE.—None of the tion. the contractor under the contract shall not funds appropriated by this Act shall be avail- (TRANSFER OF FUNDS) be made in advance of incurred costs on able to convert to contractor performance an SEC. 8006. During the current fiscal year, funded units; and activity or function of the Department of cash balances in working capital funds of the (4) the contract does not provide for a price Defense that, on or after the date of the en- Department of Defense established pursuant adjustment based on a failure to award a fol- actment of this Act, is performed by more to section 2208 of title 10, United States low-on contract. than 10 Department of Defense civilian em- Code, may be maintained in only such Funds appropriated in title III of this Act ployees unless— amounts as are necessary at any time for may be used for a multiyear procurement (1) the conversion is based on the result of cash disbursements to be made from such contract as follows: a public-private competition that includes a

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most efficient and cost effective organiza- SEC. 8015. None of the funds in this Act 602 of Public Law 100–656, 102 Stat. 3825 (Busi- tion plan developed by such activity or func- may be available for the purchase by the De- ness Opportunity Development Reform Act tion; partment of Defense (and its departments of 1988) for purposes of contracting with (2) the Competitive Sourcing Official deter- and agencies) of welded shipboard anchor and agencies of the Department of Defense. mines that, over all performance periods mooring chain 4 inches in diameter and SEC. 8019. None of the funds appropriated stated in the solicitation of offers for per- under unless the anchor and mooring chain by this Act shall be available to perform any formance of the activity or function, the are manufactured in the United States from cost study pursuant to the provisions of OMB cost of performance of the activity or func- components which are substantially manu- Circular A–76 if the study being performed tion by a contractor would be less costly to factured in the United States: Provided, That exceeds a period of 24 months after initiation the Department of Defense by an amount for the purpose of this section manufactured of such study with respect to a single func- that equals or exceeds the lesser of— will include cutting, heat treating, quality tion activity or 30 months after initiation of (A) 10 percent of the most efficient organi- control, testing of chain and welding (includ- such study for a multi-function activity. zation’s personnel-related costs for perform- ing the forging and shot blasting process): SEC. 8020. Funds appropriated by this Act ance of that activity or function by Federal Provided further, That for the purpose of this for the American Forces Information Service employees; or section substantially all of the components shall not be used for any national or inter- (B) $10,000,000; and of anchor and mooring chain shall be consid- national political or psychological activities. (3) the contractor does not receive an ad- ered to be produced or manufactured in the SEC. 8021. During the current fiscal year, vantage for a proposal that would reduce United States if the aggregate cost of the the Department of Defense is authorized to costs for the Department of Defense by— components produced or manufactured in the incur obligations of not to exceed $350,000,000 (A) not making an employer-sponsored United States exceeds the aggregate cost of for purposes specified in section 2350j(c) of health insurance plan available to the work- the components produced or manufactured title 10, United States Code, in anticipation ers who are to be employed in the perform- outside the United States: Provided further, of receipt of contributions, only from the ance of that activity or function under the That when adequate domestic supplies are Government of Kuwait, under that section: contract; or not available to meet Department of Defense Provided, That upon receipt, such contribu- (B) offering to such workers an employer- requirements on a timely basis, the Sec- tions from the Government of Kuwait shall sponsored health benefits plan that requires retary of the service responsible for the pro- be credited to the appropriations or fund the employer to contribute less towards the curement may waive this restriction on a which incurred such obligations. premium or subscription share than the case-by-case basis by certifying in writing to SEC. 8022. (a) Of the funds made available amount that is paid by the Department of the Committees on Appropriations that such in this Act, not less than $36,188,000 shall be Defense for health benefits for civilian em- an acquisition must be made in order to ac- available for the Civil Air Patrol Corpora- ployees under chapter 89 of title 5, United quire capability for national security pur- tion, of which— States Code. poses. (1) $25,087,000 shall be available from ‘‘Op- (b) EXCEPTIONS.— SEC. 8016. None of the funds available to eration and Maintenance, Air Force’’ to sup- (1) The Department of Defense, without re- the Department of Defense may be used to port Civil Air Patrol Corporation operation gard to subsection (a) of this section or sub- demilitarize or dispose of M–1 Carbines, M–1 and maintenance, readiness, counterdrug ac- sections (a), (b), or (c) of section 2461 of title Garand rifles, M–14 rifles, .22 caliber rifles, tivities, and drug demand reduction activi- 10, United States Code, and notwithstanding .30 caliber rifles, or M–1911 pistols. ties involving youth programs; any administrative regulation, requirement, SEC. 8017. No more than $500,000 of the (2) $10,193,000 shall be available from ‘‘Air- or policy to the contrary shall have full au- funds appropriated or made available in this craft Procurement, Air Force’’; and thority to enter into a contract for the per- Act shall be used during a single fiscal year (3) $908,000 shall be available from ‘‘Other formance of any commercial or industrial for any single relocation of an organization, Procurement, Air Force’’ for vehicle pro- type function of the Department of Defense unit, activity or function of the Department curement. that— of Defense into or within the National Cap- (b) The Secretary of the Air Force should (A) is included on the procurement list es- ital Region: Provided, That the Secretary of waive reimbursement for any funds used by tablished pursuant to section 2 of the Javits- Defense may waive this restriction on a case- the Civil Air Patrol for counter-drug activi- Wagner-O’Day Act (41 U.S.C. 47); by-case basis by certifying in writing to the ties in support of Federal, State, and local (B) is planned to be converted to perform- congressional defense committees that such government agencies. ance by a qualified nonprofit agency for the a relocation is required in the best interest SEC. 8023. (a) None of the funds appro- blind or by a qualified nonprofit agency for of the Government. priated in this Act are available to establish other severely handicapped individuals in ac- SEC. 8018. In addition to the funds provided a new Department of Defense (department) cordance with that Act; or elsewhere in this Act, $8,000,000 is appro- federally funded research and development (C) is planned to be converted to perform- priated only for incentive payments author- center (FFRDC), either as a new entity, or as ance by a qualified firm under at least 51 per- ized by section 504 of the Indian Financing a separate entity administrated by an orga- cent ownership by an Indian tribe, as defined Act of 1974 (25 U.S.C. 1544): Provided, That a nization managing another FFRDC, or as a in section 4(e) of the Indian Self-Determina- prime contractor or a subcontractor at any nonprofit membership corporation con- tion and Education Assistance Act (25 U.S.C. tier that makes a subcontract award to any sisting of a consortium of other FFRDCs and 450b(e)), or a Native Hawaiian Organization, subcontractor or supplier as defined in sec- other non-profit entities. as defined in section 8(a)(15) of the Small tion 1544 of title 25, United States Code or a (b) No member of a Board of Directors, Business Act (15 U.S.C. 637(a)(15)). small business owned and controlled by an Trustees, Overseers, Advisory Group, Special (2) This section shall not apply to depot individual or individuals defined under sec- Issues Panel, Visiting Committee, or any contracts or contracts for depot mainte- tion 4221(9) of title 25, United States Code similar entity of a defense FFRDC, and no nance as provided in sections 2469 and 2474 of shall be considered a contractor for the pur- paid consultant to any defense FFRDC, ex- title 10, United States Code. poses of being allowed additional compensa- cept when acting in a technical advisory ca- (c) TREATMENT OF CONVERSION.—The con- tion under section 504 of the Indian Financ- pacity, may be compensated for his or her version of any activity or function of the De- ing Act of 1974 (25 U.S.C. 1544) whenever the services as a member of such entity, or as a partment of Defense under the authority prime contract or subcontract amount is paid consultant by more than one FFRDC in provided by this section shall be credited to- over $500,000 and involves the expenditure of a fiscal year: Provided, That a member of any ward any competitive or outsourcing goal, funds appropriated by an Act making Appro- such entity referred to previously in this target, or measurement that may be estab- priations for the Department of Defense with subsection shall be allowed travel expenses lished by statute, regulation, or policy and is respect to any fiscal year: Provided further, and per diem as authorized under the Federal deemed to be awarded under the authority That notwithstanding section 430 of title 41, Joint Travel Regulations, when engaged in of, and in compliance with, subsection (h) of United States Code, this section shall be ap- the performance of membership duties. section 2304 of title 10, United States Code, plicable to any Department of Defense acqui- (c) Notwithstanding any other provision of for the competition or outsourcing of com- sition of supplies or services, including any law, none of the funds available to the de- mercial activities. contract and any subcontract at any tier for partment from any source during fiscal year (TRANSFER OF FUNDS) acquisition of commercial items produced or 2007 may be used by a defense FFRDC, SEC. 8014. Funds appropriated in title III of manufactured, in whole or in part by any through a fee or other payment mechanism, this Act for the Department of Defense Pilot subcontractor or supplier defined in section for construction of new buildings, for pay- Mentor-Protege Program may be transferred 1544 of title 25, United States Code or a small ment of cost sharing for projects funded by to any other appropriation contained in this business owned and controlled by an indi- Government grants, for absorption of con- Act solely for the purpose of implementing a vidual or individuals defined under section tract overruns, or for certain charitable con- Mentor-Protege Program developmental as- 4221(9) of title 25, United States Code: Pro- tributions, not to include employee partici- sistance agreement pursuant to section 831 vided further, That, during the current fiscal pation in community service and/or develop- of the National Defense Authorization Act year and hereafter, businesses certified as ment. for Fiscal Year 1991 (Public Law 101–510; 10 8(a) by the Small Business Administration (d) Notwithstanding any other provision of U.S.C. 2302 note), as amended, under the au- pursuant to section 8(a)(15) of Public Law 85– law, of the funds available to the department thority of this provision or any other trans- 536, as amended, shall have the same status during fiscal year 2007, not more than 5,417 fer authority contained in this Act. as other program participants under section staff years of technical effort (staff years)

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4262 CONGRESSIONAL RECORD — HOUSE June 20, 2006 may be funded for defense FFRDCs: Provided, (b) The Secretary of Defense shall submit (b) The fiscal year 2008 budget request for That this subsection shall not apply to staff to the Congress a report on the amount of the Department of Defense as well as all jus- years funded in the National Intelligence Department of Defense purchases from for- tification material and other documentation Program (NIP) and the Military Intelligence eign entities in fiscal year 2007. Such report supporting the fiscal year 2008 Department of Program (MIP). shall separately indicate the dollar value of Defense budget shall be prepared and sub- (e) The Secretary of Defense shall, with the items for which the Buy American Act was mitted to the Congress on the basis that any submission of the department’s fiscal year waived pursuant to any agreement described equipment which was classified as an end 2008 budget request, submit a report pre- in subsection (a)(2), the Trade Agreement item and funded in a procurement appropria- senting the specific amounts of staff years of Act of 1979 (19 U.S.C. 2501 et seq.), or any tion contained in this Act shall be budgeted technical effort to be allocated for each de- international agreement to which the United for in a proposed fiscal year 2008 procure- fense FFRDC during that fiscal year. States is a party. ment appropriation and not in the supply (f) Notwithstanding any other provision of (c) For purposes of this section, the term management business area or any other area this Act, the total amount appropriated in ‘‘Buy American Act’’ means title III of the or category of the Department of Defense this Act for FFRDCs is hereby reduced by Act entitled ‘‘An Act making appropriations Working Capital Funds. $25,000,000. for the Treasury and Post Office Depart- SEC. 8033. None of the funds appropriated SEC. 8024. None of the funds appropriated ments for the fiscal year ending June 30, by this Act for programs of the Central In- or made available in this Act shall be used to 1934, and for other purposes’’, approved telligence Agency shall remain available for procure carbon, alloy or armor steel plate for March 3, 1933 (41 U.S.C. 10a et seq.). obligation beyond the current fiscal year, ex- use in any Government-owned facility or SEC. 8028. Notwithstanding any other pro- cept for funds appropriated for the Reserve property under the control of the Depart- vision of law, funds available during the cur- for Contingencies, which shall remain avail- ment of Defense which were not melted and rent fiscal year and hereafter for ‘‘Drug able until September 30, 2008: Provided, That rolled in the United States or Canada: Pro- Interdiction and Counter-Drug Activities, funds appropriated, transferred, or otherwise vided, That these procurement restrictions Defense’’ may be obligated for the Young credited to the Central Intelligence Agency shall apply to any and all Federal Supply Marines program. Central Services Working Capital Fund dur- Class 9515, American Society of Testing and SEC. 8029. During the current fiscal year, ing this or any prior or subsequent fiscal Materials (ASTM) or American Iron and amounts contained in the Department of De- year shall remain available until expended: Steel Institute (AISI) specifications of car- fense Overseas Military Facility Investment Provided further, That any funds appropriated bon, alloy or armor steel plate: Provided fur- Recovery Account established by section or transferred to the Central Intelligence ther, That the Secretary of the military de- 2921(c)(1) of the National Defense Authoriza- Agency for advanced research and develop- partment responsible for the procurement tion Act of 1991 (Public Law 101–510; 10 U.S.C. ment acquisition, for agent operations, and may waive this restriction on a case-by-case 2687 note) shall be available until expended for covert action programs authorized by the basis by certifying in writing to the Commit- for the payments specified by section President under section 503 of the National tees on Appropriations of the House of Rep- 2921(c)(2) of that Act. Security Act of 1947, as amended, shall re- resentatives and the Senate that adequate SEC. 8030. (a) IN GENERAL.—Notwith- main available until September 30, 2008. domestic supplies are not available to meet standing any other provision of law, the Sec- SEC. 8034. Notwithstanding any other pro- Department of Defense requirements on a retary of the Air Force may convey at no vision of law, funds made available in this timely basis and that such an acquisition cost to the Air Force, without consideration, Act for the Defense Intelligence Agency may must be made in order to acquire capability to Indian tribes located in the States of be used for the design, development, and de- for national security purposes: Provided fur- North Dakota, South Dakota, Montana, and ployment of General Defense Intelligence ther, That these restrictions shall not apply Minnesota relocatable military housing Program intelligence communications and to contracts which are in being as of the date units located at Grand Forks Air Force Base intelligence information systems for the of the enactment of this Act. and Minot Air Force Base that are excess to Services, the Unified and Specified Com- SEC. 8025. For the purposes of this Act, the the needs of the Air Force. mands, and the component commands. term ‘‘congressional defense committees’’ (b) PROCESSING OF REQUESTS.—The Sec- SEC. 8035. (a) None of the funds appro- means the Armed Services Committee of the retary of the Air Force shall convey, at no priated in this Act may be expended by an House of Representatives, the Armed Serv- cost to the Air Force, military housing units entity of the Department of Defense unless ices Committee of the Senate, the Sub- under subsection (a) in accordance with the the entity, in expending the funds, complies committee on Defense of the Committee on request for such units that are submitted to with the Buy American Act. For purposes of Appropriations of the Senate, and the Sub- the Secretary by the Operation Walking this subsection, the term ‘‘Buy American committee on Defense of the Committee on Shield Program on behalf of Indian tribes lo- Act’’ means title III of the Act entitled ‘‘An Appropriations of the House of Representa- cated in the States of North Dakota, South Act making appropriations for the Treasury tives. Dakota, Montana, and Minnesota. and Post Office Departments for the fiscal SEC. 8026. During the current fiscal year, (c) RESOLUTION OF HOUSING UNIT CON- year ending June 30, 1934, and for other pur- the Department of Defense may acquire the FLICTS.—The Operation Walking Shield Pro- poses’’, approved March 3, 1933 (41 U.S.C. 10a modification, depot maintenance and repair gram shall resolve any conflicts among re- et seq.). of aircraft, vehicles and vessels as well as the quests of Indian tribes for housing units (b) If the Secretary of Defense determines production of components and other Defense- under subsection (a) before submitting re- that a person has been convicted of inten- related articles, through competition be- quests to the Secretary of the Air Force tionally affixing a label bearing a ‘‘Made in tween Department of Defense depot mainte- under subsection (b). America’’ inscription to any product sold in nance activities and private firms: Provided, (d) INDIAN TRIBE DEFINED.—In this section, or shipped to the United States that is not That the Senior Acquisition Executive of the the term ‘‘Indian tribe’’ means any recog- made in America, the Secretary shall deter- military department or Defense Agency con- nized Indian tribe included on the current mine, in accordance with section 2410f of cerned, with power of delegation, shall cer- list published by the Secretary of the Inte- title 10, United States Code, whether the per- tify that successful bids include comparable rior under section 104 of the Federally Rec- son should be debarred from contracting estimates of all direct and indirect costs for ognized Indian Tribe Act of 1994 (Public Law with the Department of Defense. both public and private bids: Provided further, 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). (c) In the case of any equipment or prod- That Office of Management and Budget Cir- SEC. 8031. During the current fiscal year, ucts purchased with appropriations provided cular A–76 shall not apply to competitions appropriations which are available to the De- under this Act, it is the sense of the Congress conducted under this section. partment of Defense for operation and main- that any entity of the Department of De- SEC. 8027. (a)(1) If the Secretary of Defense, tenance may be used to purchase items hav- fense, in expending the appropriation, pur- after consultation with the United States ing an investment item unit cost of not more chase only American-made equipment and Trade Representative, determines that a for- than $250,000. products, provided that American-made eign country which is party to an agreement SEC. 8032. (a) During the current fiscal equipment and products are cost-competi- described in paragraph (2) has violated the year, none of the appropriations or funds tive, quality-competitive, and available in a terms of the agreement by discriminating available to the Department of Defense timely fashion. against certain types of products produced in Working Capital Funds shall be used for the SEC. 8036. None of the funds appropriated the United States that are covered by the purchase of an investment item for the pur- by this Act shall be available for a contract agreement, the Secretary of Defense shall re- pose of acquiring a new inventory item for for studies, analysis, or consulting services scind the Secretary’s blanket waiver of the sale or anticipated sale during the current entered into without competition on the Buy American Act with respect to such fiscal year or a subsequent fiscal year to cus- basis of an unsolicited proposal unless the types of products produced in that foreign tomers of the Department of Defense Work- head of the activity responsible for the pro- country. ing Capital Funds if such an item would not curement determines— (2) An agreement referred to in paragraph have been chargeable to the Department of (1) as a result of thorough technical eval- (1) is any reciprocal defense procurement Defense Business Operations Fund during fis- uation, only one source is found fully quali- memorandum of understanding, between the cal year 1994 and if the purchase of such an fied to perform the proposed work; United States and a foreign country pursu- investment item would be chargeable during (2) the purpose of the contract is to explore ant to which the Secretary of Defense has the current fiscal year to appropriations an unsolicited proposal which offers signifi- prospectively waived the Buy American Act made to the Department of Defense for pro- cant scientific or technological promise, rep- for certain products in that country. curement. resents the product of original thinking, and

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4263 was submitted in confidence by one source; ized positions for military (civilian) techni- in order to acquire capability for national se- or cians of the Army National Guard, the Air curity purposes that is not available from (3) the purpose of the contract is to take National Guard, Army Reserve and Air Force United States manufacturers. advantage of unique and significant indus- Reserve for the purpose of applying any ad- SEC. 8047. Notwithstanding any other pro- trial accomplishment by a specific concern, ministratively imposed civilian personnel vision of law, each contract awarded by the or to insure that a new product or idea of a ceiling, freeze, or reduction on military (ci- Department of Defense during the current specific concern is given financial support: vilian) technicians, unless such reductions fiscal year for construction or service per- Provided, That this limitation shall not are a direct result of a reduction in military formed in whole or in part in a State (as de- apply to contracts in an amount of less than force structure. fined in section 381(d) of title 10, United $25,000, contracts related to improvements of SEC. 8041. None of the funds appropriated States Code) which is not contiguous with equipment that is in development or produc- or otherwise made available in this Act may another State and has an unemployment tion, or contracts as to which a civilian offi- be obligated or expended for assistance to rate in excess of the national average rate of cial of the Department of Defense, who has the Democratic People’s Republic of North unemployment as determined by the Sec- been confirmed by the Senate, determines Korea unless specifically appropriated for retary of Labor, shall include a provision re- that the award of such contract is in the in- that purpose. quiring the contractor to employ, for the purpose of performing that portion of the terest of the national defense. SEC. 8042. Funds appropriated in this Act contract in such State that is not contiguous SEC. 8037. (a) Except as provided in sub- for operation and maintenance of the Mili- with another State, individuals who are resi- section (b) and (c), none of the funds made tary Departments, Combatant Commands dents of such State and who, in the case of available by this Act may be used— and Defense Agencies shall be available for any craft or trade, possess or would be able (1) to establish a field operating agency; or reimbursement of pay, allowances and other expenses which would otherwise be incurred to acquire promptly the necessary skills: (2) to pay the basic pay of a member of the Provided, That the Secretary of Defense may Armed Forces or civilian employee of the de- against appropriations for the National Guard and Reserve when members of the Na- waive the requirements of this section, on a partment who is transferred or reassigned case-by-case basis, in the interest of national from a headquarters activity if the member tional Guard and Reserve provide intel- ligence or counterintelligence support to security. or employee’s place of duty remains at the SEC. 8048. None of the funds made available Combatant Commands, Defense Agencies and location of that headquarters. in this or any other Act may be used to pay (b) The Secretary of Defense or Secretary Joint Intelligence Activities, including the the salary of any officer or employee of the of a military department may waive the lim- activities and programs included within the Department of Defense who approves or im- itations in subsection (a), on a case-by-case National Intelligence Program, and the Mili- plements the transfer of administrative re- basis, if the Secretary determines, and cer- tary Intelligence Program: Provided, That sponsibilities or budgetary resources of any tifies to the Committees on Appropriations nothing in this section authorizes deviation program, project, or activity financed by of the House of Representatives and Senate from established Reserve and National Guard this Act to the jurisdiction of another Fed- that the granting of the waiver will reduce personnel and training procedures. eral agency not financed by this Act without the personnel requirements or the financial SEC. 8043. During the current fiscal year, the express authorization of Congress: Pro- requirements of the department. none of the funds appropriated in this Act vided, That this limitation shall not apply to (c) This section does not apply to— may be used to reduce the civilian medical transfers of funds expressly provided for in (1) field operating agencies funded within and medical support personnel assigned to Defense Appropriations Acts, or provisions of the National Intelligence Program; or military treatment facilities below the Sep- Acts providing supplemental appropriations (2) an Army field operating agency estab- tember 30, 2003, level: Provided, That the for the Department of Defense. lished to eliminate, mitigate, or counter the Service Surgeons General may waive this SEC. 8049. (a) LIMITATION ON TRANSFER OF effects of improvised explosive devices, and, section by certifying to the congressional de- DEFENSE ARTICLES AND SERVICES.—Notwith- as determined by the Secretary of the Army, fense committees that the beneficiary popu- standing any other provision of law, none of other similar threats. lation is declining in some catchment areas the funds available to the Department of De- SEC. 8038. The Secretary of Defense, acting and civilian strength reductions may be con- fense for the current fiscal year may be obli- through the Office of Economic Adjustment sistent with responsible resource steward- gated or expended to transfer to another na- of the Department of Defense, notwith- ship and capitation-based budgeting. tion or an international organization any de- standing any other provision of law, may use SEC. 8044. (a) None of the funds available to fense articles or services (other than intel- funds made available in this Act under the the Department of Defense for any fiscal ligence services) for use in the activities de- heading ‘‘Operation and Maintenance, De- year for drug interdiction or counter-drug scribed in subsection (b) unless the congres- fense-Wide’’ to make grants and supplement activities may be transferred to any other sional defense committees, the Committee other Federal funds in accordance with the department or agency of the United States on International Relations of the House of guidance provided in the House report ac- except as specifically provided in an appro- Representatives, and the Committee on For- companying this Act, and the projects speci- priations law. eign Relations of the Senate are notified 15 (b) None of the funds available to the Cen- fied in such guidance shall be considered to days in advance of such transfer. tral Intelligence Agency for any fiscal year be authorized by law. (b) COVERED ACTIVITIES.—This section ap- for drug interdiction and counter-drug ac- plies to— (RESCISSIONS) tivities may be transferred to any other de- (1) any international peacekeeping or SEC. 8039. Of the funds appropriated in De- partment or agency of the United States ex- peace-enforcement operation under the au- partment of Defense Appropriations Acts, cept as specifically provided in an appropria- thority of chapter VI or chapter VII of the the following funds are hereby rescinded tions law. United Nations Charter under the authority from the following accounts and programs in SEC. 8045. None of the funds appropriated of a United Nations Security Council resolu- the specified amounts: by this Act may be used for the procurement tion; and ‘‘Other Procurement, Army, 2006/2008’’, of ball and roller bearings other than those (2) any other international peacekeeping, $100,200,000; produced by a domestic source and of domes- peace-enforcement, or humanitarian assist- ‘‘Aircraft Procurement, Navy, 2006/2008’’, tic origin: Provided, That the Secretary of ance operation. $76,200,000; the military department responsible for such (c) REQUIRED NOTICE.—A notice under sub- ‘‘Shipbuilding and Conversion, Navy, 2003/ procurement may waive this restriction on a section (a) shall include the following: 2007’’, $15,000,000; case-by-case basis by certifying in writing to (1) A description of the equipment, sup- ‘‘Shipbuilding and Conversion, Navy, 2005/ the Committees on Appropriations of the plies, or services to be transferred. 2009’’, $11,245,000; House of Representatives and the Senate, (2) A statement of the value of the equip- ‘‘Aircraft Procurement, Air Force, 2005/ that adequate domestic supplies are not ment, supplies, or services to be transferred. 2007’’, $108,000,000; available to meet Department of Defense re- (3) In the case of a proposed transfer of ‘‘Aircraft Procurement, Air Force, 2006/ quirements on a timely basis and that such equipment or supplies— 2008’’, $64,000,000; an acquisition must be made in order to ac- (A) a statement of whether the inventory ‘‘Missile Procurement, Air Force, 2005/ quire capability for national security pur- requirements of all elements of the Armed 2007’’, $29,600,000; poses: Provided further, That this restriction Forces (including the reserve components) ‘‘Missile Procurement, Air Force, 2006/ shall not apply to the purchase of ‘‘commer- for the type of equipment or supplies to be 2008’’, $138,000,000; cial items’’, as defined by section 4(12) of the transferred have been met; and ‘‘Research, Development, Test and Evalua- Office of Federal Procurement Policy Act, (B) a statement of whether the items pro- tion, Army, 2006/2007’’, $21,600,000; except that the restriction shall apply to posed to be transferred will have to be re- ‘‘Research, Development, Test and Evalua- ball or roller bearings purchased as end placed and, if so, how the President proposes tion, Navy, 2006/2007’’, $42,577,000; items. to provide funds for such replacement. ‘‘Research, Development, Test and Evalua- SEC. 8046. None of the funds in this Act SEC. 8050. None of the funds available to tion, Air Force, 2006/2007’’, $92,800,000; and may be used to purchase any supercomputer the Department of Defense under this Act ‘‘Research, Development, Test and Evalua- which is not manufactured in the United shall be obligated or expended to pay a con- tion, Defense-Wide, 2006/2007’’, $123,900,000. States, unless the Secretary of Defense cer- tractor under a contract with the Depart- SEC. 8040. None of the funds available in tifies to the congressional defense commit- ment of Defense for costs of any amount paid this Act may be used to reduce the author- tees that such an acquisition must be made by the contractor to an employee when—

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4264 CONGRESSIONAL RECORD — HOUSE June 20, 2006 (1) such costs are for a bonus or otherwise further, That at Landstuhl Army Regional will be very, very positive. This air- in excess of the normal salary paid by the Medical Center and Ramstein Air Base, fur- craft, this weapons system, has a lot of contractor to the employee; and nished heat may be obtained from private, great technology that we have to pro- (2) such bonus is part of restructuring costs regional or municipal services, if provisions tect. So we have to work out the prop- associated with a business combination. are included for the consideration of United er language, and we will do that as we (INCLUDING TRANSFER OF FUNDS) States coal as an energy source. SEC. 8055. None of the funds appropriated in go through the conference. SEC. 8051. During the current fiscal year, title IV of this Act may be used to procure We are willing to accept the amend- no more than $30,000,000 of appropriations end-items for delivery to military forces for ment with that understanding. made in this Act under the heading ‘‘Oper- operational training, operational use or in- Mr. OBEY. Mr. Chairman, I move to ation and Maintenance, Defense-Wide’’ may ventory requirements: Provided, That this re- be transferred to appropriations available for strike the last word. striction does not apply to end-items used in the pay of military personnel, to be merged Mr. Chairman, I think the House development, prototyping, and test activi- with, and to be available for the same time needs to understand the history of this. ties preceding and leading to acceptance for period as the appropriations to which trans- Back in 1997, when the F–22 was first operational use: Provided further, That this ferred, to be used in support of such per- being contemplated, there was a con- restriction does not apply to programs fund- sonnel in connection with support and serv- troversy about whether it should be ed within the National Intelligence Program: ices for eligible organizations and activities Provided further, That the Secretary of De- built, whether it was needed, given the outside the Department of Defense pursuant fense may waive this restriction on a case- capability of our other aircraft. We to section 2012 of title 10, United States by-case basis by certifying in writing to the were told that we had to go ahead and Code. Committees on Appropriations of the House construct the plane because we had SEC. 8052. During the current fiscal year, in the case of an appropriation account of the of Representatives and the Senate that it is given away so much technology by sell- Department of Defense for which the period in the national security interest to do so. ing other high performance aircraft, F– SEC. 8056. Notwithstanding any other pro- of availability for obligation has expired or 15s, F–16s, that we had to regain our vision of law, funds available to the Depart- which has closed under the provisions of sec- technological edge. ment of Defense shall be made available to tion 1552 of title 31, United States Code, and So I said, well, if that is the case, if provide transportation of medical supplies which has a negative unliquidated or unex- and equipment, on a nonreimbursable basis, we are going to build the thing, at pended balance, an obligation or an adjust- to American Samoa, and funds available to least let’s make certain that we hang ment of an obligation may be charged to any the Department of Defense shall be made onto our technology edge this time. current appropriation account for the same available to provide transportation of med- Hence, the language in section 8057. purpose as the expired or closed account if— ical supplies and equipment, on a non- Now, I must confess that times may (1) the obligation would have been properly reimbursable basis, to the Indian Health chargeable (except as to amount) to the ex- have changed, but I don’t know that we Service when it is in conjunction with a pired or closed account before the end of the are yet at the point that would justify civil-military project. period of availability or closing of that ac- removing these limitations. My own count; The Acting CHAIRMAN. Are there preference, given my biases about arms (2) the obligation is not otherwise properly amendments to that portion of the sales around the world, my own pref- chargeable to any current appropriation ac- bill? erence would be to impose the same count of the Department of Defense; and If not, the Clerk will read. kind of limitations on new aircraft (3) in the case of an expired account, the The Clerk will read as follows: that we are developing, such as the F– obligation is not chargeable to a current ap- SEC. 8057. None of the funds made available 35, as we impose now on the F–22. But propriation of the Department of Defense in this Act may be used to approve or license under the provisions of section 1405(b)(8) of I recognize that that is not in the the sale of the F/A–22 advanced tactical cards, given the mindset of the Con- the National Defense Authorization Act for fighter to any foreign government. Fiscal Year 1991, Public Law 101–510, as gress these days. amended (31 U.S.C. 1551 note): Provided, That AMENDMENT OFFERED BY MS. GRANGER So given that fact, I would simply in the case of an expired account, if subse- Ms. GRANGER. Mr. Chairman, I offer say that I have indicated on numerous quent review or investigation discloses that an amendment. occasions that I have an open mind and there was not in fact a negative unliquidated The Clerk read as follows: I would be willing to be persuaded, but or unexpended balance in the account, any Amendment offered by Ms. GRANGER: I am not yet convinced that we are at charge to a current account under the au- Strike section 8057 (page 73, lines 6 through the point where we ought to relinquish thority of this section shall be reversed and 8). the controls on the export of this air- recorded against the expired account: Pro- Ms. GRANGER. Mr. Chairman, my craft. vided further, That the total amount charged amendment simply deletes section 8057 to a current appropriation under this section I recognize what the committee is may not exceed an amount equal to 1 percent of the underlying bill. While there was about to do, but I am significantly un- of the total appropriation for that account. merit in including this provision in comfortable with it, and I am certainly SEC. 8053. (a) Notwithstanding any other 1997 when it was first enacted, the pro- not convinced that we have reached the provision of law, the Chief of the National vision has become unnecessary due to point where we ought to remove these Guard Bureau may permit the use of equip- comprehensive safeguards enacted into restrictions. I would simply ask the ment of the National Guard Distance Learn- permanent law under the Arms Export chairman, I would hope that if the ing Project by any person or entity on a Control Act, which is vigorously en- committee does intend to accept this space-available, reimbursable basis. The Chief of the National Guard Bureau shall es- forced by the Department of Defense. amendment, that it will have an in- tablish the amount of reimbursement for I believe this provision of this bill is depth discussion with the Pentagon to such use on a case-by-case basis. no longer necessary to safeguard our make certain that we know exactly (b) Amounts collected under subsection (a) technology. I have discussed this what we are doing in terms of the kind shall be credited to funds available for the amendment with both sides, and I ask of technology that we might be letting National Guard Distance Learning Project that it be adopted. loose, that it might not be in the inter- and be available to defray the costs associ- Mr. YOUNG of Florida. Mr. Chair- est of this country to do. ated with the use of equipment of the project man, I move to strike the last word. Mr. YOUNG of Florida. Mr. Chair- under that subsection. Such funds shall be Mr. Chairman, the original language man, will the gentleman yield? available for such purposes without fiscal I thought was extremely important at year limitation. Mr. OBEY. I yield to the gentleman SEC. 8054. Using funds available by this Act the time that it was adopted by the from Florida. or any other Act, the Secretary of the Air House. It was adopted as an amend- Mr. YOUNG of Florida. Mr. Chair- Force, pursuant to a determination under ment by Mr. OBEY in 1997. But I believe man, I want to assure the gentleman section 2690 of title 10, United States Code, that probably it has outlived its neces- that protecting this technology is ex- may implement cost-effective agreements sity. tremely important to this chairman. for required heating facility modernization I would say to the gentlewoman that This is a super aircraft. It is just an un- in the Kaiserslautern Military Community we will agree to this amendment. How- believable weapons system. Mr. MUR- in the Federal Republic of Germany: Pro- ever, I would like to advise her and the THA and I have both seen it fly, we have vided, That in the City of Kaiserslautern such agreements will include the use of House that as we move to the con- talked with the pilots who fly it, we United States anthracite as the base load en- ference on this bill, we are going to be have seen the systems that they use, ergy for municipal district heat to the extremely involved in determining and this gives us technology superi- United States Defense installations: Provided that the protection of our technology ority in the air. Anyone that goes into

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4265 any kind of a battle will tell you that gentleman makes a very good point, Provided, That the Secretary of Defense may they want to make sure that those air- and it has not fallen on deaf ears. waive this restriction on a case-by-case basis craft overhead belong to us and not to The Acting CHAIRMAN. The ques- by certifying in writing to the Committees the other guys. tion is on the amendment offered by on Appropriations of the House of Represent- atives and the Senate that adequate domes- So we are going to be extremely care- the gentlewoman from Texas (Ms. tic supplies are not available to meet De- ful before we allow this to happen, that GRANGER). partment of Defense requirements on a time- the technology will be protected and The amendment was agreed to. ly basis and that such an acquisition must be that it will be available, the aircraft, The Acting CHAIRMAN. The Clerk made in order to acquire capability for na- the sales would only be available to will read. tional security purposes or there exists a sig- those who are unquestionable sup- The Clerk read as follows: nificant cost or quality difference. SEC. 8061. None of the funds appropriated porters, and allies, of the United SEC. 8058. (a) The Secretary of Defense States. or otherwise made available by this or other may, on a case-by-case basis, waive with re- Department of Defense Appropriations Acts Mr. OBEY. Mr. Chairman, I would spect to a foreign country each limitation on may be obligated or expended for the purpose simply say that is useful, but I am still the procurement of defense items from for- of performing repairs or maintenance to concerned about the fact that we will eign sources provided in law if the Secretary military family housing units of the Depart- be allowing a very high-technology air- determines that the application of the limi- ment of Defense, including areas in such craft to wind up in the hands of people tation with respect to that country would in- military family housing units that may be who may be allies today, but God validate cooperative programs entered into used for the purpose of conducting official between the Department of Defense and the knows what they are going to be to- Department of Defense business. foreign country, or would invalidate recip- SEC. 8062. Notwithstanding any other pro- morrow. rocal trade agreements for the procurement Mr. BLUMENAUER. Mr. Chairman, I vision of law, funds appropriated in this Act of defense items entered into under section under the heading ‘‘Research, Development, move to strike the last word. 2531 of title 10, United States Code, and the Test and Evaluation, Defense-Wide’’ for any Mr. Chairman, I find the exchange country does not discriminate against the new start advanced concept technology dem- between the Chair, the ranking mem- same or similar defense items produced in onstration project may only be obligated 30 ber, and the gentlewoman from Texas the United States for that country. days after a report, including a description to be very interesting; I appreciate the (b) Subsection (a) applies with respect to— of the project, the planned acquisition and sensitivity with which it is being ap- (1) contracts and subcontracts entered into transition strategy and its estimated annual proached by the subcommittee as we on or after the date of the enactment of this and total cost, has been provided in writing Act; and move on to conference. I hope that to the congressional defense committees: (2) options for the procurement of items Provided, That the Secretary of Defense may there will be a way, sooner, rather than that are exercised after such date under con- later, that we can have a broader con- waive this restriction on a case-by-case basis tracts that are entered into before such date by certifying to the congressional defense versation about export controls and if the option prices are adjusted for any rea- committees that it is in the national inter- about dual use technology, because I son other than the application of a waiver est to do so. am hearing on a regular basis that we granted under subsection (a). SEC. 8063. The Secretary of Defense shall are not correlating these in ways that (c) Subsection (a) does not apply to a limi- provide a classified quarterly report begin- are in the best interest of our national tation regarding construction of public ves- ning 30 days after enactment of this Act, to security and in terms of the way that sels, ball and roller bearings, food, and cloth- the House and Senate Appropriations Com- ing or textile materials as defined by section mittees, Subcommittees on Defense on cer- we are practicing technology control in 11 (chapters 50–65) of the Harmonized Tariff the ordinary course of business. tain matters as directed in the classified Schedule and products classified under head- annex accompanying this Act. Now, in the International Relations ings 4010, 4202, 4203, 6401 through 6406, 6505, SEC. 8064. During the current fiscal year, Committee we have fallen a little short 7019, 7218 through 7229, 7304.41 through refunds attributable to the use of the Gov- of the mark because we haven’t come 7304.49, 7306.40, 7502 through 7508, 8105, 8108, ernment travel card, refunds attributable to forward with legislation under our ju- 8109, 8211, 8215, and 9404. the use of the Government Purchase Card risdiction dealing with an update of SEC. 8059. (a) PROHIBITION.—None of the and refunds attributable to official Govern- this issue. I would hope that the con- funds made available by this Act may be ment travel arranged by Government Con- versation that the chairman talks used to support any training program involv- tracted Travel Management Centers may be ing a unit of the security forces of a foreign credited to operation and maintenance, and about could be done in a broader con- country if the Secretary of Defense has re- text in terms of what we are doing, to research, development, test and evaluation ceived credible information from the Depart- accounts of the Department of Defense which make sure that we are not driving ment of State that the unit has committed a are current when the refunds are received. other areas of technology overseas and gross violation of human rights, unless all SEC. 8065. (a) REGISTERING FINANCIAL MAN- working to our competitive disadvan- necessary corrective steps have been taken. AGEMENT INFORMATION TECHNOLOGY SYSTEMS tage. (b) MONITORING.—The Secretary of Defense, WITH DOD CHIEF INFORMATION OFFICER.— I have also heard stories that I be- in consultation with the Secretary of State, None of the funds appropriated in this Act lieve to be credible, which I look for- shall ensure that prior to a decision to con- may be used for a mission critical or mission ward to maybe advancing further with duct any training program referred to in sub- essential financial management information the distinguished gentleman, where section (a), full consideration is given to all technology system (including a system fund- credible information available to the Depart- ed by the defense working capital fund) that there have been situations where our ment of State relating to human rights vio- is not registered with the Chief Information allies are using our equipment, but we lations by foreign security forces. Officer of the Department of Defense. A sys- have artificial barriers in place to be (c) WAIVER.—The Secretary of Defense, tem shall be considered to be registered with able to have them use things like spare after consultation with the Secretary of that officer upon the furnishing to that offi- parts and technical manuals to be able State, may waive the prohibition in sub- cer of notice of the system, together with to use them. I’ve heard there are odd section (a) if he determines that such waiver such information concerning the system as sorts of jerry-rigged solutions that is required by extraordinary circumstances. the Secretary of Defense may prescribe. A fi- take place in the theater of battle that (d) REPORT.—Not more than 15 days after nancial management information technology look to be on their face nonsensical the exercise of any waiver under subsection system shall be considered a mission critical (c), the Secretary of Defense shall submit a or mission essential information technology and perhaps driving people to do things report to the congressional defense commit- system as defined by the Under Secretary of that in the long run may provide prob- tees describing the extraordinary cir- Defense (Comptroller). lems for protecting our technology. cumstances, the purpose and duration of the (b) CERTIFICATIONS AS TO COMPLIANCE WITH While I have no objection to this training program, the United States forces FINANCIAL MANAGEMENT MODERNIZATION amendment and I appreciate the words and the foreign security forces involved in PLAN.— of the chairman, I am hopeful that this the training program, and the information (1) During the current fiscal year, a finan- can be done in a broader context to relating to human rights violations that ne- cial management automated information make sure that we are achieving our cessitates the waiver. system, a mixed information system sup- objectives, not freezing things in amber SEC. 8060. None of the funds appropriated porting financial and non-financial systems, or made available in this Act to the Depart- or a system improvement of more than rather working against the long-term ment of the Navy shall be used to develop, $1,000,000 may not receive Milestone A ap- interests of both American business lease or procure the T–AKE class of ships un- proval, Milestone B approval, or full rate and American technology. less the main propulsion diesel engines and production, or their equivalent, within the Mr. YOUNG of Florida. Mr. Chair- propulsors are manufactured in the United Department of Defense until the Under Sec- man, if the gentleman will yield, the States by a domestically operated entity: retary of Defense (Comptroller) certifies,

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with respect to that milestone, that the sys- nomenclature designation of ‘‘armor pene- SEC. 8073. Section 8106 of the Department tem is being developed and managed in ac- trator’’, ‘‘armor piercing (AP)’’, ‘‘armor of Defense Appropriations Act, 1997 (titles I cordance with the Department’s Financial piercing incendiary (API)’’, or ‘‘armor-pierc- through VIII of the matter under subsection Management Modernization Plan. The Under ing incendiary-tracer (API–T)’’, except to an 101(b) of Public Law 104–208; 110 Stat. 3009– Secretary of Defense (Comptroller) may re- entity performing demilitarization services 111; 10 U.S.C. 113 note) shall continue in ef- quire additional certifications, as appro- for the Department of Defense under a con- fect to apply to disbursements that are made priate, with respect to any such system. tract that requires the entity to dem- by the Department of Defense in fiscal year (2) The Chief Information Officer shall pro- onstrate to the satisfaction of the Depart- 2007. vide the congressional defense committees ment of Defense that armor piercing projec- SEC. 8074. In addition to amounts provided timely notification of certifications under tiles are either: (1) rendered incapable of elsewhere in this Act, $2,500,000 is hereby ap- paragraph (1). reuse by the demilitarization process; or (2) propriated to the Department of Defense, to (c) CERTIFICATIONS AS TO COMPLIANCE WITH used to manufacture ammunition pursuant remain available for obligation until ex- CLINGER-COHEN ACT.— to a contract with the Department of De- pended: Provided, That notwithstanding any (1) During the current fiscal year, a major fense or the manufacture of ammunition for other provision of law, these funds shall be automated information system may not re- export pursuant to a License for Permanent available only for a grant to the Fisher ceive Milestone A approval, Milestone B ap- Export of Unclassified Military Articles House Foundation, Inc., only for the con- proval, or full rate production approval, or issued by the Department of State. struction and furnishing of additional Fisher their equivalent, within the Department of SEC. 8069. Notwithstanding any other pro- Houses to meet the needs of military family Defense until the Chief Information Officer vision of law, the Chief of the National members when confronted with the illness or certifies, with respect to that milestone, Guard Bureau, or his designee, may waive hospitalization of an eligible military bene- that the system is being developed in accord- payment of all or part of the consideration ficiary. ance with the Clinger-Cohen Act of 1996 (40 that otherwise would be required under sec- SEC. 8075. Amounts appropriated in title II U.S.C. 1401 et seq.). The Chief Information tion 2667 of title 10, United States Code, in of this Act are hereby reduced by $71,100,000 Officer may require additional certifications, the case of a lease of personal property for a to reflect savings attributable to efficiencies as appropriate, with respect to any such sys- period not in excess of 1 year to any organi- and management improvements in the fund- tem. zation specified in section 508(d) of title 32, ing of miscellaneous or other contracts in (2) The Chief Information Officer shall pro- United States Code, or any other youth, so- the military departments, as follows: vide the congressional defense committees cial, or fraternal non-profit organization as (1) From ‘‘Operation and Maintenance, timely notification of certifications under may be approved by the Chief of the National Army’’, $31,100,000. paragraph (1). Each such notification shall Guard Bureau, or his designee, on a case-by- (2) From ‘‘Operation and Maintenance, include, at a minimum, the funding baseline case basis. Navy’’, $35,000,000. SEC. 8070. None of the funds appropriated and milestone schedule for each system cov- (3) From ‘‘Operation and Maintenance, Ma- by this Act shall be used for the support of ered by such a certification and confirma- rine Corps’’, $5,000,000. any nonappropriated funds activity of the SEC. 8076. The total amount appropriated tion that the following steps have been Department of Defense that procures malt or otherwise made available in this Act is taken with respect to the system: beverages and wine with nonappropriated hereby reduced by $22,000,000 to limit exces- (A) Business process reengineering. funds for resale (including such alcoholic sive growth in the procurement of advisory (B) An analysis of alternatives. beverages sold by the drink) on a military and assistance services, to be distributed as (C) An economic analysis that includes a installation located in the United States un- follows: calculation of the return on investment. less such malt beverages and wine are pro- ‘‘Operation and Maintenance, Army’’, (D) Performance measures. cured within that State, or in the case of the $20,000,000. (E) An information assurance strategy con- District of Columbia, within the District of ‘‘Operation and Maintenance, Marine sistent with the Department’s Global Infor- Columbia, in which the military installation Corps’’, $2,000,000. mation Grid. is located: Provided, That in a case in which (INCLUDING TRANSFER OF FUNDS) (d) DEFINITIONS.—For purposes of this sec- the military installation is located in more tion: SEC. 8077. Of the amounts appropriated in than one State, purchases may be made in (1) The term ‘‘Chief Information Officer’’ this Act under the heading ‘‘Research, Devel- any State in which the installation is lo- means the senior official of the Department opment, Test and Evaluation, Defense- cated: Provided further, That such local pro- of Defense designated by the Secretary of Wide’’, $77,175,000 shall be made available for curement requirements for malt beverages Defense pursuant to section 3506 of title 44, the Arrow missile defense program: Provided, and wine shall apply to all alcoholic bev- United States Code. That of this amount, $13,000,000 shall be erages only for military installations in available for the purpose of producing Arrow (2) The term ‘‘information technology sys- States which are not contiguous with an- missile components in the United States and tem’’ has the meaning given the term ‘‘infor- other State: Provided further, That alcoholic Arrow missile components and missiles in mation technology’’ in section 5002 of the beverages other than wine and malt bev- Israel to meet Israel’s defense requirements, Clinger-Cohen Act of 1996 (40 U.S.C. 1401). erages, in contiguous States and the District consistent with each nation’s laws, regula- SEC. 8066. During the current fiscal year, of Columbia shall be procured from the most none of the funds available to the Depart- tions and procedures: Provided further, That competitive source, price and other factors ment of Defense may be used to provide sup- funds made available under this provision for considered. port to another department or agency of the production of missiles and missile compo- SEC. 8071. Funds available to the Depart- United States if such department or agency nents may be transferred to appropriations ment of Defense for the Global Positioning available for the procurement of weapons is more than 90 days in arrears in making System during the current fiscal year may payment to the Department of Defense for and equipment, to be merged with and to be be used to fund civil requirements associated available for the same time period and the goods or services previously provided to such with the satellite and ground control seg- department or agency on a reimbursable same purposes as the appropriation to which ments of such system’s modernization pro- transferred: Provided further, That the trans- basis: Provided, That this restriction shall gram. not apply if the department is authorized by fer authority provided under this provision is (INCLUDING TRANSFER OF FUNDS) law to provide support to such department or in addition to any other transfer authority agency on a nonreimbursable basis, and is SEC. 8072. Of the amounts appropriated in contained in this Act. providing the requested support pursuant to this Act under the heading ‘‘Operation and (INCLUDING TRANSFER OF FUNDS) such authority: Provided further, That the Maintenance, Army’’, $78,300,000 shall remain SEC. 8078. Of the amounts appropriated in Secretary of Defense may waive this restric- available until expended: Provided, That not- this Act under the heading ‘‘Shipbuilding tion on a case-by-case basis by certifying in withstanding any other provision of law, the and Conversion, Navy’’, $436,449,000 shall be writing to the Committees on Appropria- Secretary of Defense is authorized to trans- available until September 30, 2007, to fund tions of the House of Representatives and fer such funds to other activities of the Fed- prior year shipbuilding cost increases: Pro- the Senate that it is in the national security eral Government: Provided further, That the vided, That upon enactment of this Act, the interest to do so. Secretary of Defense is authorized to enter Secretary of the Navy shall transfer such SEC. 8067. Notwithstanding section 12310(b) into and carry out contracts for the acquisi- funds to the following appropriations in the of title 10, United States Code, a Reservist tion of real property, construction, personal amounts specified: Provided further, That the who is a member of the National Guard serv- services, and operations related to projects amounts transferred shall be merged with ing on full-time National Guard duty under carrying out the purposes of this section: and be available for the same purposes as the section 502(f) of title 32 may perform duties Provided further, That contracts entered into appropriations to which transferred: in support of the ground-based elements of under the authority of this section may pro- To: the National Ballistic Missile Defense Sys- vide for such indemnification as the Sec- Under the heading ‘‘Shipbuilding and Con- tem. retary determines to be necessary: Provided version, Navy, 1999/2007’’: SEC. 8068. None of the funds provided in further, That projects authorized by this sec- New SSN, $15,000,000; this Act may be used to transfer to any non- tion shall comply with applicable Federal, Under the heading ‘‘Shipbuilding and Con- governmental entity ammunition held by State, and local law to the maximum extent version, Navy, 2000/2007’’: the Department of Defense that has a center- consistent with the national security, as de- LPD–17 Amphibious Transport Dock Ship fire cartridge and a United States military termined by the Secretary of Defense. Program, $39,049,000;

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4267 Under the heading ‘‘Shipbuilding and Con- Foundation; $4,000,000 to the Center for Ap- it is necessary to do so to respond to a na- version, Navy, 2001/2007’’: plied Science and Technologies at Jordan tional security emergency or to meet dire New SSN, $31,000,000; Valley Innovation Center; $1,000,000 to the operational requirements of the Armed Carrier Replacement Program, $318,400,000; Women in Military Service for America Me- Forces. Under the heading ‘‘Shipbuilding and Con- morial Foundation; $2,000,000 to The Presidio (INCLUDING TRANSFER OF FUNDS) version, Navy, 2003/2007’’: Trust; and, $1,500,000 to the Red Cross Con- SEC. 8091. The Secretary of Defense may New SSN, $22,000,000; solidated Blood Services Facility. transfer funds from any available Depart- Under the heading ‘‘Shipbuilding and Con- SEC. 8085. The budget of the President for ment of the Navy appropriation to any avail- version, Navy, 2005/2009’’; and fiscal year 2008 submitted to the Congress able Navy ship construction appropriation LPD–17 Amphibious Transport Dock Ship pursuant to section 1105 of title 31, United for the purpose of liquidating necessary Program, $11,000,000. States Code shall include separate budget changes resulting from inflation, market SEC. 8079. The Secretary of the Navy may justification documents for costs of United fluctuations, or rate adjustments for any settle, or compromise, and pay any and all States Armed Forces’ participation in con- ship construction program appropriated in admiralty claims under section 7622 of title tingency operations for the Military Per- law: Provided, That the Secretary may trans- 10, United States Code arising out of the col- sonnel accounts, the Operation and Mainte- fer not to exceed $100,000,000 under the au- lision involving the U.S.S. GREENEVILLE nance accounts, and the Procurement ac- thority provided by this section: Provided and the EHIME MARU, in any amount and counts: Provided, That these documents shall further, That the funding transferred shall be without regard to the monetary limitations include a description of the funding re- available for the same time period as the ap- in subsections (a) and (b) of that section: quested for each contingency operation, for propriation to which transferred: Provided Provided, That such payments shall be made each military service, to include all Active further, That the Secretary may not transfer from funds available to the Department of and Reserve components, and for each appro- any funds until 30 days after the proposed the Navy for operation and maintenance. priations account: Provided further, That transfer has been reported to the Commit- SEC. 8080. Funds appropriated by this Act, these documents shall include estimated tees on Appropriations of the Senate and the or made available by the transfer of funds in costs for each element of expense or object House of Representatives, unless sooner noti- this Act, for intelligence activities are class, a reconciliation of increases and de- fied by the Committees that there is no ob- deemed to be specifically authorized by the creases for each contingency operation, and jection to the proposed transfer: Provided fur- Congress for purposes of section 504 of the programmatic data including, but not lim- ther, That the transfer authority provided by National Security Act of 1947 (50 U.S.C. 414) ited to, troop strength for each Active and this section is in addition to any other trans- during fiscal year 2007 until the enactment of Reserve component, and estimates of the fer authority contained elsewhere in this the Intelligence Authorization Act for fiscal major weapons systems deployed in support Act. year 2007. of each contingency: Provided further, That SEC. 8092. (a) The total amount appro- SEC. 8081. None of the funds in this Act these documents shall include budget exhib- priated or otherwise made available in title may be used to initiate a new start program its OP–5 and OP–32 (as defined in the Depart- II of this Act is hereby reduced by $45,000,000 without prior written notification to the Of- ment of Defense Financial Management Reg- to limit excessive growth in the travel and fice of Secretary of Defense and the congres- ulation) for all contingency operations for transportation of persons. sional defense committees. the budget year and the two preceding fiscal (b) The Secretary of Defense shall allocate SEC. 8082. (a) In addition to the amounts years. this reduction proportionately to each budg- provided elsewhere in this Act, the amount SEC. 8086. None of the funds in this Act et activity, activity group, subactivity of $5,400,000 is hereby appropriated to the De- may be used for research, development, test, group, and each program, project, and activ- partment of Defense for ‘‘Operation and evaluation, procurement or deployment of ity within each applicable appropriation ac- Maintenance, Army National Guard’’. Such nuclear armed interceptors of a missile de- count. amount shall be made available to the Sec- fense system. SEC. 8093. For purposes of section 612 of retary of the Army only to make a grant in SEC. 8087. Of the amounts provided in title title 41, United States Code, any subdivision the amount of $5,400,000 to the entity speci- II of this Act under the heading ‘‘Operation of appropriations made under the heading fied in subsection (b) to facilitate access by and Maintenance, Defense-Wide’’, up to ‘‘Shipbuilding and Conversion, Navy’’ that is veterans to opportunities for skilled employ- $20,000,000 is available for the Regional De- not closed at the time reimbursement is ment in the construction industry. fense Counter-terrorism Fellowship Pro- made shall be available to reimburse the (b) The entity referred to in subsection (a) gram, to fund the education and training of Judgment Fund and shall be considered for is the Center for Military Recruitment, As- foreign military officers, ministry of defense the same purposes as any subdivision under sessment and Veterans Employment, a non- civilians, and other foreign security officials, the heading ‘‘Shipbuilding and Conversion, profit labor-management co-operation com- to include United States military officers Navy’’ appropriations in the current fiscal mittee provided for by section 302(c)(9) of the and civilian officials whose participation di- year or any prior fiscal year. Labor-Management Relations Act, 1947 (29 rectly contributes to the education and SEC. 8094. The Secretary of Defense may U.S.C. 186(c)(9)), for the purposes set forth in training of these foreign students. present promotional materials, including a section 6(b) of the Labor Management Co- SEC. 8088. None of the funds appropriated United States flag, to any member of an Ac- operation Act of 1978 (29 U.S.C. 175a note). or made available in this Act shall be used to tive or Reserve component under the Sec- SEC. 8083. FINANCING AND FIELDING OF KEY reduce or disestablish the operation of the retary’s jurisdiction who, as determined by ARMY CAPABILITIES.—The Department of De- 53rd Weather Reconnaissance Squadron of the Secretary, participates in Operation En- fense and the Department of the Army shall the Air Force Reserve, if such action would during Freedom or Operation Iraqi Freedom, make future budgetary and programming reduce the WC–130 Weather Reconnaissance along with other recognition items in con- plans to fully finance the Non-Line of Sight mission below the levels funded in this Act: junction with any week-long national obser- Future Force cannon (NLOS–C) and a com- Provided, That the Air Force shall allow the vation and day of national celebration, if es- patible large caliber ammunition resupply 53rd Weather Reconnaissance Squadron to tablished by Presidential proclamation, for capability for this system supported by the perform other missions in support of na- any such members returning from such oper- Future Combat Systems (FCS) Brigade Com- tional defense requirements during the non- ations. bat Team (BCT) in order to field this system hurricane season. SEC. 8095. Notwithstanding any other pro- in fiscal year 2010: Provided, That the Army SEC. 8089. None of the funds provided in vision of this Act, to reflect savings from re- shall develop the NLOS–C independent of the this Act shall be available for integration of vised economic assumptions the total broader FCS development timeline to foreign intelligence information unless the amount appropriated in title II of this Act is achieve fielding by fiscal year 2010. In addi- information has been lawfully collected and hereby reduced by $514,800,000, the total tion the Army will deliver eight (8) combat processed during the conduct of authorized amount appropriated in title III of this Act operational pre-production NLOS–C systems foreign intelligence activities: Provided, That is hereby reduced by $93,900,000, the total by the end of calendar year 2008. These sys- information pertaining to United States per- amount appropriated in title IV of this Act tems shall be in addition to those systems sons shall only be handled in accordance is hereby reduced by $315,900,000, the total necessary for developmental and operational with protections provided in the Fourth amount appropriated in title V of this Act is testing: Provided further, That the Army Amendment of the United States Constitu- hereby reduced by $10,400,000, the total shall ensure that budgetary and pro- tion as implemented through Executive amount appropriated in title VI of this Act grammatic plans will provide for no fewer Order No. 12333. is hereby reduced by $10,350,000, and the total than seven (7) Stryker Brigade Combat SEC. 8090. (a) At the time members of re- amount appropriated in title VII of this Act Teams. serve components of the Armed Forces are is hereby reduced by $3,650,000: Provided, SEC. 8084. In addition to the amounts ap- called or ordered to active duty under sec- That the Secretary of Defense shall allocate propriated or otherwise made available else- tion 12302(a) of title 10, United States Code, this reduction proportionally to each budget where in this Act, $13,000,000 is hereby appro- each member shall be notified in writing of activity, activity group, subactivity group, priated to the Department of Defense, to re- the expected period during which the mem- and each program, project, and activity, main available until September 30, 2007: Pro- ber will be mobilized. within each appropriation account: Provided vided, That the Secretary of Defense shall (b) The Secretary of Defense may waive further, That this reduction shall not apply make grants in the amounts specified as fol- the requirements of subsection (a) in any to ‘‘Central Intelligence Agency Retirement lows: $4,500,000 to the Intrepid Sea-Air-Space case in which the Secretary determines that and Disability System Fund’’.

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SEC. 8096. Notwithstanding any other pro- to the global war on terrorism, and other un- used for payments to reimburse Pakistan, vision in this Act, to reflect savings from fa- anticipated defense-related operations, pur- Jordan, and other key cooperating nations, vorable foreign currency fluctuations, the suant to section 402 of H. Con. Res. 376 (109th for logistical, military, and other support total amount appropriated in title I of this Congress), as made applicable to the House provided, or to be provided, to United States Act is hereby reduced by $23,200,000, the total of Representatives by H. Res. 818 (109th Con- military operations, notwithstanding any amount appropriated in title II of this Act is gress). other provision of law: Provided, That such hereby reduced by $32,800,000, the total RESERVE PERSONNEL, NAVY payments may be made in such amounts as amount appropriated in title III of this Act For an additional amount for ‘‘Reserve the Secretary of Defense, with the concur- is hereby reduced by $22,100,000, the total Personnel, Navy’’, $10,000,000: Provided, That rence of the Secretary of State, and in con- amount appropriated in title IV of this Act the amount provided under this heading is sultation with the Director of the Office of is hereby reduced by $20,200,000, the total designated as making appropriations for con- Management and Budget, may determine, in amount appropriated in title V of this Act is tingency operations directly related to the his discretion, based on documentation de- hereby reduced by $700,000, the total amount global war on terrorism, and other unantici- termined by the Secretary of Defense to ade- appropriated in title VI of this Act is hereby pated defense-related operations, pursuant to quately account for the support provided, reduced by $700,000, and the total amount ap- section 402 of H. Con. Res. 376 (109th Con- and such determination is final and conclu- propriated in title VII of this Act is hereby gress), as made applicable to the House of sive upon the accounting officers of the reduced by $300,000: Provided, That the Sec- Representatives by H. Res. 818 (109th Con- United States, and 15 days following notifi- retary of Defense shall allocate this reduc- gress). cation to the appropriate congressional com- tion proportionally to each budget activity, mittees: Provided further, That the Secretary activity group, subactivity group, and each NATIONAL GUARD PERSONNEL, ARMY of Defense shall provide quarterly reports to program, project, and activity, within each For an additional amount for ‘‘National the congressional defense committees on the appropriation account. Guard Personnel, Army’’, $251,000,000: Pro- use of funds provided in this paragraph: Pro- SEC. 8097. The Secretary of Defense shall, vided, That the amount provided under this vided further, That the amount provided not later than 90 days after the enactment of heading is designated as making appropria- under this heading is designated as making this Act, submit to the congressional defense tions for contingency operations directly re- appropriations for contingency operations committees a report detailing the efforts by lated to the global war on terrorism, and directly related to the global war on ter- the Department of Defense Education Activ- other unanticipated defense-related oper- rorism, and other unanticipated defense-re- ity (DoDEA) to address dyslexia in students ations, pursuant to section 402 of H. Con. lated operations, pursuant to section 402 of at DoDEA schools: Provided, That this report Res. 376 (109th Congress), as made applicable H. Con. Res. 376 (109th Congress), as made ap- shall include a description of funding pro- to the House of Representatives by H. Res. plicable to the House of Representatives by vided in this and other Department of De- 818 (109th Congress). H. Res. 818 (109th Congress). fense Appropriations Acts used by DoDEA OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY schools to address dyslexia. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD SEC. 8098. Appropriations available to the Department of Defense may be used for the For an additional amount for ‘‘Operation For an additional amount for ‘‘Operation purchase of heavy and light armored vehicles and Maintenance, Army’’, $24,280,000,000: Pro- and Maintenance, Army National Guard’’, for force protection purposes, notwith- vided, That the amount provided under this $220,000,000: Provided, That the amount pro- standing price or other limitations applica- heading is designated as making appropria- vided under this heading is designated as ble to the purchase of passenger carrying ve- tions for contingency operations directly re- making appropriations for contingency oper- hicles. lated to the global war on terrorism, and ations directly related to the global war on other unanticipated defense-related oper- terrorism, and other unanticipated defense- TITLE IX ations, pursuant to section 402 of H. Con. related operations, pursuant to section 402 of ADDITIONAL APPROPRIATIONS Res. 376 (109th Congress), as made applicable H. Con. Res. 376 (109th Congress), as made ap- MILITARY PERSONNEL to the House of Representatives by H. Res. plicable to the House of Representatives by MILITARY PERSONNEL, ARMY 818 (109th Congress). H. Res. 818 (109th Congress). For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, NAVY IRAQ FREEDOM FUND Personnel, Army’’, $4,346,710,000: Provided, For an additional amount for ‘‘Operation (INCLUDING TRANSFER OF FUNDS) That the amount provided under this head- and Maintenance, Navy’’, $1,954,145,000: Pro- For an additional amount for ‘‘Iraq Free- ing is designated as making appropriations vided, That the amount provided under this dom Fund’’, $4,000,000,000, to remain avail- for contingency operations directly related heading is designated as making appropria- able for transfer until September 30, 2008, to the global war on terrorism, and other un- tions for contingency operations directly re- only to support operations in Iraq or Afghan- anticipated defense-related operations, pur- lated to the global war on terrorism, and istan and classified activities: Provided, That suant to section 402 of H. Con. Res. 376 (109th other unanticipated defense-related oper- the Secretary of Defense may transfer the Congress), as made applicable to the House ations, pursuant to section 402 of H. Con. funds provided herein to appropriations for of Representatives by H. Res. 818 (109th Con- Res. 376 (109th Congress), as made applicable military personnel; operation and mainte- gress). to the House of Representatives by H. Res. nance; Overseas Humanitarian, Disaster, and MILITARY PERSONNEL, NAVY 818 (109th Congress). Civic Aid; procurement; research, develop- For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, MARINE CORPS ment, test and evaluation; and working cap- Personnel, Navy’’, $229,096,000: Provided, That For an additional amount for ‘‘Operation ital funds: Provided further, That of the the amount provided under this heading is and Maintenance, Marine Corps’’, amounts provided under this heading, designated as making appropriations for con- $1,781,500,000: Provided, That the amount pro- $2,500,000,000 shall only be for classified pro- tingency operations directly related to the vided under this heading is designated as grams, described in further detail in the clas- global war on terrorism, and other unantici- making appropriations for contingency oper- sified annex accompanying this Act: Provided pated defense-related operations, pursuant to ations directly related to the global war on further, That not less than $1,500,000,000 shall section 402 of H. Con. Res. 376 (109th Con- terrorism, and other unanticipated defense- be available for the Joint IED Defeat Organi- gress), as made applicable to the House of related operations, pursuant to section 402 of zation: Provided further, That funds trans- Representatives by H. Res. 818 (109th Con- H. Con. Res. 376 (109th Congress), as made ap- ferred shall be merged with and be available gress). plicable to the House of Representatives by for the same purposes and for the same time MILITARY PERSONNEL, MARINE CORPS H. Res. 818 (109th Congress). period as the appropriation or fund to which OPERATION AND MAINTENANCE, AIR FORCE transferred: Provided further, That this trans- For an additional amount for ‘‘Military fer authority is in addition to any other For an additional amount for ‘‘Operation Personnel, Marine Corps’’, $495,456,000: Pro- transfer authority available to the Depart- and Maintenance, Air Force’’, $2,987,108,000: vided, That the amount provided under this ment of Defense: Provided further, That upon Provided, That the amount provided under heading is designated as making appropria- a determination that all or part of the funds this heading is designated as making appro- tions for contingency operations directly re- transferred from this appropriation are not priations for contingency operations directly lated to the global war on terrorism, and necessary for the purposes provided herein, related to the global war on terrorism, and other unanticipated defense-related oper- such amounts may be transferred back to other unanticipated defense-related oper- ations, pursuant to section 402 of H. Con. this appropriation: Provided further, That the ations, pursuant to section 402 of H. Con. Res. 376 (109th Congress), as made applicable Secretary of Defense shall, not fewer than 5 Res. 376 (109th Congress), as made applicable to the House of Representatives by H. Res. days prior to making transfers from this ap- to the House of Representatives by H. Res. 818 (109th Congress). propriation, notify the congressional defense 818 (109th Congress). MILITARY PERSONNEL, AIR FORCE committees in writing of the details of any For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, DEFENSE-WIDE such transfer: Provided further, That the Sec- Personnel, Air Force’’, $659,788,000: Provided, For an additional amount for ‘‘Operation retary shall submit a report no later than 30 That the amount provided under this head- and Maintenance, Defense-Wide’’, days after the end of each fiscal quarter to ing is designated as making appropriations $2,186,673,000, of which up to $300,000,000, to the congressional defense committees sum- for contingency operations directly related remain available until expended, may be marizing the details of the transfer of funds

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4269 from this appropriation: Provided further, appropriations for contingency operations plicable to the House of Representatives by That the amount provided under this head- directly related to the global war on ter- H. Res. 818 (109th Congress). ing is designated as making appropriations rorism, and other unanticipated defense-re- PROCUREMENT, DEFENSE-WIDE for contingency operations directly related lated operations, pursuant to section 402 of For an additional amount for ‘‘Procure- to the global war on terrorism, and other un- H. Con. Res. 376 (109th Congress), as made ap- ment, Defense-Wide’’, $121,600,000, to remain anticipated defense-related operations, pur- plicable to the House of Representatives by available for obligation until September 30, suant to section 402 of H. Con. Res. 376 (109th H. Res. 818 (109th Congress). 2009: Provided, That the amount provided Congress), as made applicable to the House PROCUREMENT OF AMMUNITION, NAVY AND under this heading is designated as making of Representatives by H. Res. 818 (109th Con- MARINE CORPS appropriations for contingency operations gress). For an additional amount for ‘‘Procure- directly related to the global war on ter- PROCUREMENT ment of Ammunition, Navy and Marine rorism, and other unanticipated defense-re- AIRCRAFT PROCUREMENT, ARMY Corps’’, $143,150,000, to remain available for lated operations, pursuant to section 402 of For an additional amount for ‘‘Aircraft obligation until September 30, 2009: Provided, H. Con. Res. 376 (109th Congress), as made ap- Procurement, Army’’, $132,400,000, to remain That the amount provided under this head- plicable to the House of Representatives by available for obligation until September 30, ing is designated as making appropriations H. Res. 818 (109th Congress). 2009: Provided, That the amount provided for contingency operations directly related REVOLVING AND MANAGEMENT FUNDS under this heading is designated as making to the global war on terrorism, and other un- DEFENSE WORKING CAPITAL FUNDS anticipated defense-related operations, pur- appropriations for contingency operations For an additional amount for ‘‘Defense suant to section 402 of H. Con. Res. 376 (109th directly related to the global war on ter- Working Capital Funds’’, $1,000,000,000: Pro- Congress), as made applicable to the House rorism, and other unanticipated defense-re- vided, That the amount provided under this of Representatives by H. Res. 818 (109th Con- lated operations, pursuant to section 402 of heading is designated as making appropria- gress). H. Con. Res. 376 (109th Congress), as made ap- tions for contingency operations directly re- plicable to the House of Representatives by OTHER PROCUREMENT, NAVY lated to the global war on terrorism, and H. Res. 818 (109th Congress). For an additional amount for ‘‘Other Pro- other unanticipated defense-related oper- PROCUREMENT OF WEAPONS AND TRACKED curement, Navy’’, $28,865,000, to remain ations, pursuant to section 402 of H. Con. COMBAT VEHICLES, ARMY available for obligation until September 30, Res. 376 (109th Congress), as made applicable 2009: Provided, That the amount provided For an additional amount for ‘‘Procure- to the House of Representatives by H. Res. under this heading is designated as making ment of Weapons and Tracked Combat Vehi- 818 (109th Congress). appropriations for contingency operations cles, Army’’, $1,214,672,000, to remain avail- GENERAL PROVISIONS directly related to the global war on ter- able for obligation until September 30, 2009: SEC. 9001. Appropriations provided in this rorism, and other unanticipated defense-re- Provided, That the amount provided under title are available for obligation until Sep- lated operations, pursuant to section 402 of this heading is designated as making appro- tember 30, 2007, unless otherwise so provided H. Con. Res. 376 (109th Congress), as made ap- priations for contingency operations directly in this title. plicable to the House of Representatives by related to the global war on terrorism, and SEC. 9002. Notwithstanding any other pro- H. Res. 818 (109th Congress). other unanticipated defense-related oper- vision of law or of this Act, funds made ations, pursuant to section 402 of H. Con. PROCUREMENT, MARINE CORPS available in this title are in addition to Res. 376 (109th Congress), as made applicable For an additional amount for ‘‘Procure- amounts provided elsewhere in this Act. to the House of Representatives by H. Res. ment, Marine Corps’’, $621,450,000, to remain (TRANSFER OF FUNDS) 818 (109th Congress). available for obligation until September 30, SEC. 9003. Upon his determination that 2009: Provided, That the amount provided PROCUREMENT OF AMMUNITION, ARMY such action is necessary in the national in- under this heading is designated as making terest, the Secretary of Defense may transfer For an additional amount for ‘‘Procure- appropriations for contingency operations ment of Ammunition, Army’’, $275,241,000, to between appropriations up to $2,500,000,000 of directly related to the global war on ter- the funds made available to the Department remain available for obligation until Sep- rorism, and other unanticipated defense-re- tember 30, 2009: Provided, That the amount of Defense in this title: Provided, That the lated operations, pursuant to section 402 of Secretary shall notify the Congress promptly provided under this heading is designated as H. Con. Res. 376 (109th Congress), as made ap- making appropriations for contingency oper- of each transfer made pursuant to the au- plicable to the House of Representatives by thority in this section: Provided further, That ations directly related to the global war on H. Res. 818 (109th Congress). terrorism, and other unanticipated defense- the authority provided in this section is in IRCRAFT PROCUREMENT, AIR FORCE related operations, pursuant to section 402 of A addition to any other transfer authority H. Con. Res. 376 (109th Congress), as made ap- For an additional amount for ‘‘Aircraft available to the Department of Defense and plicable to the House of Representatives by Procurement, Air Force’’, $912,500,000, to re- is subject to the same terms and conditions H. Res. 818 (109th Congress). main available for obligation until Sep- as the authority provided in section 8005 of tember 30, 2009: Provided, That the amount this Act. OTHER PROCUREMENT, ARMY provided under this heading is designated as SEC. 9004. Funds appropriated in this title, For an additional amount for ‘‘Other Pro- making appropriations for contingency oper- or made available by the transfer of funds in curement, Army’’, $1,939,830,000, to remain ations directly related to the global war on or pursuant to this title, for intelligence ac- available for obligation until September 30, terrorism, and other unanticipated defense- tivities are deemed to be specifically author- 2009: Provided, That the amount provided related operations, pursuant to section 402 of ized by the Congress for purposes of section under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- 504 of the National Security Act of 1947 (50 appropriations for contingency operations plicable to the House of Representatives by U.S.C. 414). directly related to the global war on ter- H. Res. 818 (109th Congress). SEC. 9005. None of the funds provided in rorism, and other unanticipated defense-re- MISSILE PROCUREMENT, AIR FORCE this title may be used to finance programs or lated operations, pursuant to section 402 of activities denied by Congress in fiscal years For an additional amount for ‘‘Missile Pro- H. Con. Res. 376 (109th Congress), as made ap- 2006 or 2007 appropriations to the Depart- curement, Air Force’’, $32,650,000, to remain plicable to the House of Representatives by ment of Defense or to initiate a procurement available for obligation until September 30, H. Res. 818 (109th Congress). or research, development, test and evalua- 2009: Provided, That the amount provided tion new start program without prior writ- AIRCRAFT PROCUREMENT, NAVY under this heading is designated as making ten notification to the congressional defense For an additional amount for ‘‘Aircraft appropriations for contingency operations committees. Procurement, Navy’’, $34,916,000, to remain directly related to the global war on ter- SEC. 9006. Notwithstanding any other pro- available for obligation until September 30, rorism, and other unanticipated defense-re- vision of law, of the funds made available in 2009: Provided, That the amount provided lated operations, pursuant to section 402 of this title to the Department of Defense for under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- operation and maintenance, not to exceed appropriations for contingency operations plicable to the House of Representatives by $1,000,000,000 may be used by the Secretary of directly related to the global war on ter- H. Res. 818 (109th Congress). Defense, with the concurrence of the Sec- rorism, and other unanticipated defense-re- OTHER PROCUREMENT, AIR FORCE retary of State, to train, equip and provide lated operations, pursuant to section 402 of For an additional amount for ‘‘Other Pro- related assistance only to military or secu- H. Con. Res. 376 (109th Congress), as made ap- curement, Air Force’’, $9,850,000, to remain rity forces of Iraq and Afghanistan to en- plicable to the House of Representatives by available for obligation until September 30, hance their capability to combat terrorism H. Res. 818 (109th Congress). 2009: Provided, That the amount provided and to support United States military oper- WEAPONS PROCUREMENT, NAVY under this heading is designated as making ations in Iraq and Afghanistan: Provided, For an additional amount for ‘‘Weapons appropriations for contingency operations That such assistance may include the provi- Procurement, Navy’’, $131,400,000, to remain directly related to the global war on ter- sion of equipment, supplies, services, train- available for obligation until September 30, rorism, and other unanticipated defense-re- ing, infrastructure and funding: Provided fur- 2009: Provided, That the amount provided lated operations, pursuant to section 402 of ther, That the authority to provide assist- under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- ance under this section is in addition to any

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4270 CONGRESSIONAL RECORD — HOUSE June 20, 2006 other authority to provide assistance to for- SEC. 9012. None of the funds made available Chairman. I am simply asking that the eign nations: Provided further, That the Sec- in this Act may be used by the Government United States be allowed to pursue this retary of Defense shall notify the congres- of the United States to enter into a basing historically necessary avenue of re- sional defense committees, the Committee rights agreement between the United States sponsible foreign relations. on International Relations of the House of and Iraq. Mr. Chairman, I thank you, and urge Representatives, and the Committee on For- AMENDMENT NO. 1 OFFERED BY MR. KING OF my colleagues to support this amend- eign Relations of the Senate not less than 15 IOWA ment. days before providing assistance under the Mr. KING of Iowa. Mr. Chairman, I authority of this section. Mr. MURTHA. Mr. Chairman, I rise SEC. 9007. (a) From funds made available in offer an amendment. The Acting CHAIRMAN. The Clerk in opposition to the amendment. this title to the Department of Defense, not I think that this amendment does the to exceed $500,000,000 may be used, notwith- will designate the amendment. standing any other provision of law, to fund The text of the amendment is as fol- opposite of what he would hope. It the Commander’s Emergency Response Pro- lows: sends a signal to the American public: gram, for the purpose of enabling military we expect to spend time there forever. Amendment No. 1 offered by Mr. KING of commanders in Iraq to respond to urgent hu- Iowa: Permanent bases can be negotiated at manitarian relief and reconstruction re- Strike section 9012 (page 115, lines 1 any time with the government. What quirements within their areas of responsi- through 4). we are saying with this bill is that at bility by carrying out programs that will im- Mr. KING of Iowa. Mr. Chairman, I this point in time there shouldn’t be mediately assist the Iraqi people, and to fund any permanent bases in Iraq. And when a similar program to assist the people of Af- bring an amendment here to the floor ghanistan. that strikes section 9012 from the bill. you strike this language, it does the (b) QUARTERLY REPORTS.—Not later than 15 The bill language under 9012 says: opposite of the impact the gentleman days after the end of each fiscal year quarter ‘‘None of the funds made available in wants to have. (beginning with the first quarter of fiscal this Act may be used by the Govern- As I travel around the country, I hear year 2007), the Secretary of Defense shall ment of the United States to enter into this all the time. I hear the President submit to the congressional defense commit- say no permanent bases, I hear the Sec- tees a report regarding the source of funds a basing rights agreement between the and the allocation and use of funds during United States and Iraq.’’ retary of Defense say no permanent that quarter that were made available pursu- Mr. Chairman, I believe that we bases in Iraq. I am just reiterating ant to the authority provided in this section should not foreclose our options in what the policy of this country is, that or under any other provision of law for the Iraq, and H.R. 5631 prohibits the United we shouldn’t have permanent bases in purposes of the programs under subsection States from entering into any military Iraq. (a). base agreement with Iraq. If we rule Once we start down this road of per- SEC. 9008. During the current fiscal year, manent bases, I remember reading funds available to the Department of Defense out all bases, we forego a critical part for operation and maintenance may be used, of diplomatic relations. My amend- something where Harry Truman said notwithstanding any other provision of law, ment would strike this section from we would be out of Germany in two or to provide supplies, services, transportation, the bill. three years; we were there for 50 or 60 including airlift and sealift, and other Historically, basing rights agree- years. We are spending almost $8 bil- logistical support to coalition forces sup- ments have been a necessary part of lion a day, or a month, in Iraq. And I porting military and stability operations in diplomatic relations with foreign gov- think one of the bases that we were Iraq and Afghanistan: Provided, That the ernments. These agreements outline going to build, the construction costs Secretary of Defense shall provide quarterly were almost double what they antici- reports to the congressional defense commit- guidelines and conditions for operating tees regarding support provided under this American military bases worldwide. It pated the permanent base we were section. is both common and responsible for the looking at or at least the temporary SEC. 9009. Supervision and administration United States to enter into, and peri- base we were looking at would be. I costs associated with a construction project odically renegotiate, basing rights can’t imagine what a permanent base funded with appropriations available for op- agreements with countries hosting would cost if you are going to build it. eration and maintenance, and executed in di- American troops. This has been done You have got to have permanent secu- rect support of the Global War on Terrorism with every country hosting U.S. troops rity. There are all kinds of things that only in Iraq and Afghanistan, may be obli- have to be built in. gated at the time a construction contract is including Afghanistan. awarded: Provided, That for the purpose of The newly elected democratic gov- This is not the time to eliminate a this section, supervision and administration ernment of Iraq should be no exception, provision like this, and I would hope costs include all in-house Government costs. and it is likely and appropriate that that the gentleman would withdraw SEC. 9010. The reporting requirements of basing agreements will soon be nego- this amendment because it is very dis- section 9010 of Public Law 109–148 shall apply tiated. In this way, my amendment re- ruptive to what our troops are doing. to the funds appropriated in this title. We are trying to figure out a way to SEC. 9011. Amounts provided in chapter 1 of spects Iraqi sovereignty. title V of the Emergency Supplemental Ap- Prohibiting these negotiations will solve this problem. And when the gen- propriations Act for Defense, the Global War not make the problems go away. Rath- tleman offers an amendment like this, on Terror, and Hurricane Recovery, 2006 are er, by refusing to enter into a sensible I think it has the opposite impact of hereby designated as emergency require- diplomatic dialogue, the United States what he is trying to do. ments pursuant to section 402 of H. Con. Res. would neglect its diplomatic duties. Mr. YOUNG of Florida. Mr. Chair- 95 (109th Congress), the concurrent resolu- Opposing my amendment would tie the man, I move to strike the last word. tion on the budget for fiscal year 2006. hands of those responsible for engaging Mr. Chairman, all of us think that b 1515 in civilized diplomatic relations with things that we say in this House are ex- Mr. YOUNG of Florida (during the Iraq, but supporting my amendment tremely important and to all of the reading). Mr. Chairman, I ask unani- would allow for prudent decision-mak- Members in the House. But on occasion mous consent that the remainder of ing and dialogue with the independent there are things that are said in this the bill through page 114, line 24 be nation of Iraq. House that are heard by a lot of people considered as read, printed in the The use of the term ‘‘permanent not only in the House, not only in our RECORD, and open to amendment at bases’’ is a loaded term. The BRAC districts, but in other parts of the any point. process clearly demonstrates there is world. The Acting CHAIRMAN. Is there ob- no such thing as permanent U.S. mili- I understand Mr. KING’s amendment, jection to the request of the gentleman tary bases, even within the United and I understand how serious he con- from Florida? States. Furthermore, military basing siders this to be; but what I am worried There was no objection. agreements can be negotiated for any about is this: if we strike this prohibi- The Acting CHAIRMAN. Are there length of time, including short term tion from this bill that was well amendments to that portion of the and temporary, and they can be re- thought out, what we are saying to the bill? negotiated at any time. I am not pro- Iraqi people and what I am satisfied The Clerk will read. posing installation of permanent bases the propaganda machine of al Qaeda in The Clerk read as follows: in Iraq with this amendment, Mr. Iraq are going to do is use this and say:

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4271 see there, we told you so. The Ameri- to look for body language and other fuels research program to help reduce cans plan to occupy us for the rest of clues about the truthfulness of the per- our reliance on foreign oil to fly our our lives. son being interrogated. own Air Force planes is not included in We don’t have any plan to do that, And I should mention that the legis- the budget. and we don’t want the Iraqi people to lation I have and what we are talking I was going to submit an amendment think that we are going to do that, and about here has been endorsed by a vari- that I would let the Air Force allocate we don’t want the American people to ety of groups as an effective way to $4 million for B–52 synthetic fuels test- think that we are going to be con- conduct interrogations with the pro- ing, $3 million for other synthetic fuel stantly occupying Iraq. I understand tections of all involved, and I know testing, and about $3 million for stud- Mr. KING’s interest, and most of the they would be supportive of the con- ies on synthetic fuel and suitability for time I agree with him, but in this case ferees acting on this request. I hope use in jet engines. However, I will not I can’t agree with him because I just that I can have the cooperation of my proceed with my amendment in the think it sends the wrong message not friend from Pennsylvania. hope that the honorable gentleman and only to the people of Iraq, not only to Mr. MURTHA. If the gentleman ranking member will pursue this effort the people of America, but to the peo- would yield, is it the gentleman’s un- during conference with the Senate. ple of other Muslim nations who might derstanding that such interrogation is Mr. MURTHA. Mr. Chairman, will say, hey, are we next? Are we going to not currently being videotaped? the gentleman yield? be occupied? Are we going to have Mr. HOLT. The gentleman is correct. Mr. ISRAEL. I yield to the gen- American troops in our streets? We I am informed, well, most recently by a tleman from Pennsylvania. don’t want that to happen. We don’t trip to Guantanamo by the Armed Mr. MURTHA. Mr. Chairman, I think want that message delivered across the Services Committee staff, that you are absolutely right. Matter of oceans. I think that we have to defeat videotaping of detainee interrogations fact, 10 years ago, we put language in this amendment. has not been conducted consistently that would allow them to produce jet The CHAIRMAN. The question is on and uniformly. fuel from coal. The Air Force did not Mr. MURTHA. I can see some merit the amendment offered by the gen- particularly like it, did not particu- to what the gentleman is recom- tleman from Iowa (Mr. KING). larly agree with it, but now this par- The question was taken; and the mending, and certainly I will bring it ticular year they said to me this could Chairman announced that the noes ap- up to the conferees when we get to con- reduce the cost of their fuel substan- peared to have it. ference, and we will see what they say tially. So I agree with you, and we will Mr. KING of Iowa. Mr. Chairman, I and get some expert opinions. I can see do everything we can to work this demand a recorded vote. some merit in what the gentleman is thing out. The CHAIRMAN. Pursuant to clause proposing, and I will certainly do my Mr. ISRAEL. Mr. Chairman, I thank 6 of rule XVIII, further proceedings on best to work something out. the distinguished gentleman, and I Mr. HOLT. Well, I thank the gen- the amendment offered by the gen- know he, above all people, realizes that tleman for his leadership on this and tleman from Iowa will be postponed. our energy dependence is a national se- related issues. I know the gentleman Mr. HOLT. Mr. Chairman, I move to curity issue that we must triumph was instrumental last year in facili- strike the last word. over. I thank the gentleman. I would like to enter into a colloquy tating the establishment of specific guidelines for the treatment of detain- AMENDMENT OFFERED BY MR. CASTLE with Mr. MURTHA, and I would invite Mr. CASTLE. Mr. Chairman, I offer participation of the chairman if he is ees, and I hope that once again he can help refine and strengthen our policies an amendment. so inclined, because I have an issue The Clerk read as follows: that I hope the conferees will consider in this area in conference. I thank the gentleman. Amendment offered by Mr. CASTLE: when they meet to work out the final At the end of the bill, add the following version of the bill. b 1530 new title: Specifically, I would like to ask that Mr. ISRAEL. Mr. Chairman, I move TITLE X—ADDITIONAL GENERAL the conferees examine the need to in- to strike the last word for the purpose PROVISIONS clude funding to provide for the of entering into a colloquy with the SEC. 10001. None of the funds made avail- videotaping of interrogations of detain- distinguished ranking member able in this Act may be obligated or ex- ees in U.S. custody. Mr. Chairman, I want to thank the pended to provide award fees to any defense Now, as Members of this House know, chairman and ranking member and the contractor for performance that does not I have before the House a bill that entire subcommittee for excellent meet the requirements of the contract con- cerned. would, if enacted, require that all work on the Defense Appropriations interactions between detainees at Act of 2007. This act does an extraor- Mr. CASTLE. Mr. Chairman, let me Guantanamo and similar facilities and dinary job of continuing the trans- just start by thanking the gentleman U.S. personnel be videotaped. formation of our forces, while funding from Florida and the gentleman from Videotaping interrogations would not our military at war. Pennsylvania and their staffs for their only help deter any claims of actual or Mr. Chairman, I believe that every exemplary work on what is not easy potential abuse of detainees, but just military threat now and in the foresee- legislation. What I am about to discuss as importantly, it would protect the in- able future is derived from or impacted is something that has been brought terrogators from false accusations of by one thing, and that is our depend- more to light this spring than it had abuse. ence on foreign oil. been brought heretofore, but I think it Indeed, across this country, including We fund a Defense budget of $500 bil- is documented enough that we should in my own district, many police de- lion this year, including supplemental try to add it to this bill. It is a simple partments routinely videotape interro- spending. Of that amount, $10.6 billion but, in my judgment, much-needed gations for precisely these reasons. It is spent on the Pentagon’s direct en- amendment to the legislation before us is a powerful and effective tool for pro- ergy costs alone, and of that $10.6 bil- today. tecting both the interrogator and the lion, $4.7 billion bought one thing, fuel Currently the Department of Defense one being interrogated. for our Air Force planes. That is about spends over $200 billion annually to ac- Additionally, videotaping interroga- the same amount as the President has quire products and services from de- tions would ensure that the maximum budgeted for the National Cancer Insti- fense contractors, including everything possible intelligence value is gained tute this year alone. from spare parts to major weapons sys- during and after the interrogation ses- The Department of Defense uses 97 tems. In an effort to encourage con- sions. If analysts and linguists have percent of all Federal fuel consump- tractors to perform at the highest level the chance to review videotaped inter- tion, and half of that is used for fuel possible, the Department often gives rogations, they have additional oppor- for the Air Force. A single F–16 can its contractors the opportunity to col- tunities to evaluate both the quality of burn 28 gallons of gas a minute, in fact. lectively earn billions of dollars the information gleaned from the in- Mr. Chairman, unfortunately, $10 through monetary incentives known as terrogation, but they will also be able million for the Air Force’s alternative award fees.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.094 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4272 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Unfortunately, while there is no committee had scheduled a hearing to cost, schedule, and capability goals. I look for- doubt that U.S. weapons programs con- look into not only this issue, but a ward to the Department implementing these tinue to be the best in the world, the number of other acquisition issues standards, but until they do we should ensure Department’s acquisition process has where we believe that there can be unwarranted and undeserved payments are at times run into problems such as dra- some performance changes. Unfortu- not paid. matic cost increases, late deliveries, nately, because of a heavy voting day The CHAIRMAN. The question is on and significant performance shortfalls, on the floor, we had to postpone that the amendment offered by the gen- wasting billions of dollars in critical hearing, which will be held sometime tleman from Delaware (Mr. CASTLE). funding. in July now. The amendment was agreed to. In response to these setbacks, Con- In view of that, I want to say that I Mr. KIRK. Mr. Chairman, I move to gress recently asked the General Ac- agree with what Mr. CASTLE is offering, strike the last word. countability Office, known as GAO, to and I am certainly prepared to accept Mr. Chairman, hell hath no furry like study the Department’s use of incen- his amendment. I think it is a good an electronic warfare officer spurred tives and the role they play in the ac- amendment. into action. This field is quite technical and ob- quisition system. On April 5, the GAO Mr. BOEHLERT. Mr. Chairman, I rise in scure, but provides one of the keys to reported that the Pentagon’s current strong support of the Castle/Shays amend- answering the question of why the incentive practices often do not hold ment. As chair of the Science Committee, I United States can command the skies contractors accountable for achieving oversee the National Oceanic and Atmos- with such few casualties. desired outcomes and routinely under- pheric Administration, or NOAA, and the crit- While the Air Force has eliminated mine efforts to motivate contractor ical weather forecasting services it provides. its fleet of tactical jamming aircraft, performance. NOAA is a partner with the Air Force on the the United States Navy has kept Specifically, the GAO noted that the next generation of weather satellites, known theirs, based on the EA–6B Prowler air- Department regularly provides these as NPOESS. craft. The Navy’s choice in this field bonuses to contractors, often giving In May I held a hearing about an Inspector appears to be superior because during them second, third and fourth chances, General report on NPOESS. One of the key conflicts with Bosnia, Kosovo, Iraq and despite the fact that the contractor’s findings of that IG report was that the con- Afghanistan, our joint combatant com- work does not fulfill the Department’s tractor received excessive award fees for a manders have routinely denied entry to expectations. problem-plagued program. Over the first 3 U.S. tactical aircraft in a theater of As part of its report, the GAO issued years of NPOESS—September 2002–Sep- war unless there was a Prowler present detailed recommendations for how the tember 2005—the contractor received 84 per- to ensure that enemy air defenses were Department could improve its strategy cent of the award fee available to it, for a total rendered blind or under attack. for using incentives to motivate excep- of $123 million. This occurred despite the fact Mr. Chairman, the Prowler fleet is tional performance. The Pentagon has the NPOESS is more than 5 years late and its now aging. Most aircraft are well over concurred with the majority of GAO’s total costs have risen from $6.5 billion to 30 years old and are planned to be re- suggestions, and during consideration $11.5 billion. In my mind, that does not rep- placed by the electronic attack variant of the fiscal year 2007 defense author- resent performance worthy of $123 million in of the F–18, the F–18G or so-called ization bill in May, I successfully in- award fees. Growler. The Growler is vital to main- cluded an amendment by voice vote Another investigative body, the GAO, found taining the safety of future Navy air that would implement these reforms. that excessive award fees are not unique to crews sent into harm’s way against While the language included in the NPOESS, but are a problem throughout the competent air defense forces. authorization bill is a crucial step for- Department of Defense. Mr. CASTLE’s, amend- Mr. Chairman, under the committee’s ward, the effectiveness of these ment directly addresses specific recommenda- mark we changed the President’s re- changes will ultimately be determined tions in that GAO report by prohibiting pay- quest from buying 30 F–18E and Fs and by how well GAO’s recommendations ment of award fees if contractors do not meet 12 Growlers to buying 42 F–18E and Fs. are executed. expectations. This would dramatically delay the F–18 The Pentagon recently identified sig- It is absolutely vital that the major programs Growler line for a year and may nificant cost overruns in 36 of its major like NPOESS succeed. NPOESS will provide present a gap in the force protection weapons systems. With such costs rap- our ‘‘eyes in the sky’’ for both civilian and mili- for Navy air crews sent into harm’s idly increasing, my amendment en- tary weather forecasting, and we cannot afford way. sures that none of the funds provided to be stumbling around blind. We cannot allow Mr. Chairman, I would like your as- in this bill will be used to continue the the excessive use of award fees to continue in surance that when we move this bill to wasteful incentive practices identified these major procurement programs and must conference, if there is an additional by GAO. hold contractors accountable for how they 302(b) allocation available, we might be As the Department moves forward in spend taxpayers’ money. I strongly support able to address this critical 12 aircraft complying with GAO’s findings, this the Castle/Shays amendment and urge my F–18G, Growler, model procurement so amendment will provide an additional colleagues to also support it. that we make sure that Navy air crews safeguard, to make certain that these Mr. SHAYS. Mr. Chairman, I strongly sup- have not just what they need now, but funds are not wasted in violation of the port Mr. CASTLE’s amendment to prohibit the what they need in the future with re- new incentive guidelines. Department of Defense from awarding bonus gard to tactical jamming aircraft. Mr. Chairman, cost increases and fees for good performance to any defense Mr. YOUNG of Florida. Mr. Chair- business management weaknesses dam- contractor that does not meet the contract’s man, will the gentleman yield? age our government’s ability to provide requirements. Mr. KIRK. I yield to the gentleman our men and women in the military Mr. Chairman, I’m disappointed we need to from Florida. with the resources to keep us safe. debate this subject. I’m disappointed that while Mr. YOUNG of Florida. Mr. Chair- While we obviously have a lot of work our servicemen and servicewomen are in man, thank you very much for yield- ahead of us to improve the efficiency of harm’s way, and while the Congress and the ing, and I would say to the gentleman, military spending, I believe this American taxpayer are spending billions of as you and I have discussed this many amendment is a simple way to work dollars to ensure they have all the resources times, the importance of this capa- with the Department to make certain and equipment they need, the Defense De- bility cannot be overstressed. It is ex- that incentives are being used to maxi- partment is paying bonuses to companies that tremely important. mize its return on investment and pro- haven’t earned them and companies are ac- The gentleman has reminded me, and vide soldiers with needed capabilities cepting bonuses that are not due to them. I remember very well, in Kosovo and at the best value for the taxpayer. During consideration of the Defense Author- Bosnia we had to bring the EA–6Bs Mr. YOUNG of Florida. Mr. Chair- ization Act, we wisely passed an amendment from all over the world to concentrate man, I move to strike the last word. also authored by Mr. CASTLE that requires the on their mission there. So the addi- Mr. Chairman, the subcommittee is Defense Department to develop and issue tional capability, I think, is well-in- well aware of the issue that the Castle standards that link award and incentive fees to tended. I will be glad to work with the amendment addresses. In fact, the sub- desired program outcomes, such as meeting gentleman as we go to conference.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.097 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4273 As you are well aware, our 302(b) al- The bill before us today pays for the b 1545 location was $4 billion less than the costs of our operations in Iraq, paid for Mr. CHOCOLA. Mr. Chairman, in President’s request, and so we had to with taxes from the American people. 1998, the Department of Defense had a do some cutting. Unfortunately, there At the pump the American people pay very good idea. They had the idea that are a lot of things that we would have for gasoline, and some of the profits they should consolidate the literally liked to have done that we just could are finding their way into the pockets millions of trips DOD personnel made not do. The money was not there, but of the terrorists that our brave men every year on an electronic-based trav- the gentleman makes a very important and women are fighting right now. So, el management system that would re- point that this capability is extremely in essence, we are paying for the war sult in quicker, easier, and more effi- important, I think more so than most on terror twice, and we have to stop cient travel and thus saving taxpayers people realize, but as an officer who this insanity. money. flew in those aircraft, you know an The way to do it is to look at alter- Despite the good idea, Mr. Chairman, awful lot about this. native means of producing our energy. 8 years and almost $500 million later, So I am with you. I want to do the We have to take the fight to the terror- what we have is a no-bid contract to best we can to enhance our capability. ists before they come back here, and develop a system that is essentially in- Thank you for bringing this issue to that is not the only part of the solu- operable, has pitifully low utilization the Congress. tion. What we do here at home is obvi- rates, and cannot even guarantee it can Mr. KIRK. Mr. Chairman, I thank the ously just as important. So ending our book the lowest applicable airfare. chairman and wish to work with you dependence on oil must be a key to Therefore, Mr. Chairman, my amend- and the Chief of Naval Operations on this. ment would simply limit the money this and make sure that we can work Just yesterday Roll Call ran a special available to fund this failed effort, together in conference to make sure section called, ‘‘Fueling Alternatives.’’ which is known as the Defense Travel our Navy air crews have full electronic There were editorials by myself, by System, or the DTS. support. Senator BURNS, former Senators Dole Now, I know that some will oppose this amendment and they will say that AMENDMENT OFFERED BY MR. ENGEL and Daschle, and we all spoke of the we cannot afford to stop the invest- Mr. ENGEL. Mr. Chairman, I offer an importance of ethanol as an alter- ment now because we have invested so amendment. native fuel. Columns by Senator BAYH much and we are so close to success. The Clerk read as follows: and Representative KINGSTON talked about providing incentives to con- The unfortunate reality is that we Amendment offered by Mr. ENGEL: must stop now because we have wasted At the end of the bill, insert the following sumers to purchase alternative-fuel ve- provision: hicles. I am doing a bill with Rep- so much and success is nowhere in sight. I think that argument has been SEC. . It is the sense of Congress that the resentative KINGSTON that would do ex- made in 2002, 2003, 2004, 2005, and now Department of Navy is to be commended for actly that, wean us off of Middle East- 2006; and I think it is time to cut our having the highest percentage of Alternative ern oil. losses. Fuel Vehicles acquired by any federal agency We have a broad, bipartisan group of during fiscal year 2005. After 8 years of development and al- Members of Congress who see the bene- Mr. YOUNG of Florida. Mr. Chair- most $500 million spent, less than 15 fits for our national security, our econ- percent of all DOD travel is actually man, I reserve a point of order on the omy and our environment if we take gentleman’s amendment. booked on the system. Logically, that these steps to end our addiction. means over 85 percent of the travel in The CHAIRMAN. The gentleman And so I find myself on the floor from Florida reserves a point of order. DOD is booked on traditional travel again, though this time I am pleased to services. Every trip that is booked on Mr. ENGEL. Mr. Chairman, I rise be able to talk about the good work of today to commend the Navy for having the system is also manually reviewed two agencies of the Federal Govern- by a travel agent to confirm that the the best record for purchasing alter- ment; two agencies that are in the native-fuel vehicles of any agency in transaction is complete and that it has forefront of our fight against ter- attained the lowest applicable airfare the Federal Government. Whereas the rorism; two agencies that are strained overall record for all agencies is just 26 because the system cannot guarantee to the limit with incredible demands; that it can attain the lowest applicable percent of all new acquisitions being two agencies that have, in the midst of alternative-fuel vehicles, the Navy had airfare. numerous other missions, taken a So if you divided the amount of tax- a 62 percent of AFVs, which is 2,722 of small step to lead the way to our safe- payer money we have invested in this the 4,338 vehicles they acquired. ty and security. So I commend the system with the number of trips that I have been making these amend- Navy and I commend the Army and for have actually been successfully booked ments on every appropriations bill be- all that they do and for being the lead- on this system, each transaction costs cause I feel so strongly that we ought ers as well in procuring alternative- about $1,500 before the actual travel to have the different agencies abide by fuel vehicles. cost or the travel agent fee. And what the laws that Congress passes which Mr. Chairman, I will cede the point of makes this situation even worse is that would require them to purchase more order, and I ask unanimous consent to there are other GSA-approved elec- alternative-fuel vehicles. withdraw my amendment. tronic-based travel systems that are The Army is also to be commended The CHAIRMAN. Is there objection fully operational today and do not cost because this one agency purchased 8,835 to the request of the gentleman from the taxpayers one penny in mainte- alternative-fuel vehicles, about 50 per- New York? nance or development cost and only cent of the 17,703 vehicles the Army ac- There was no objection. charge on a per-transaction basis for quired last year. In fact, the Army ac- AMENDMENT OFFERED BY MR. CHOCOLA every successful transaction when it is quired more AFVs than all the other Mr. CHOCOLA. Mr. Chairman, I offer actually used. civilian agencies combined. Mr. Chairman, spending $.5 billion on Many of you may think that I am an amendment. The Clerk read as follows: a travel system that does not work and fast becoming a broken record coming nobody uses might actually be worse Amendment offered by Mr. CHOCOLA: to the floor and talking about alter- than the days when the DOD spent $640 native-fuel vehicles. I prefer a more apt At the end of the bill (before the short title), insert the following: on toilet seats. At least people used the metaphor: I feel like the squeaky toilet seats. wheel. TITLE X—ADDITIONAL GENERAL PROVISIONS Mr. Chairman, I encourage my col- From the bottom of my heart, I be- leagues to support the amendment. lieve that our Nation’s addiction to oil SEC. 10001. None of the funds made avail- Mr. YOUNG of Florida. Mr. Chair- has a direct threat to our national se- able by this Act may be obligated or ex- pended for the development, deployment, or man, I rise in opposition to the amend- curity. The Federal Government has to operation of the web-based, end-to-end travel ment. lead the way that will ease our depend- management system of the Department of Mr. Chairman, this amendment ence on unstable, undemocratic, oil- Defense known as the Defense Travel Sys- would bar all funds in this act for de- producing sheikdoms. tem. velopment, deployment, or operations

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.100 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4274 CONGRESSIONAL RECORD — HOUSE June 20, 2006 for the Defense Travel System. This case can be made that it is essential to The Defense Travel System was envi- would put us back to millions of indi- our national security or essential to sioned as an end-to-end E-travel sys- vidual transactions that would be al- our war effort. tem for DOD employees. Yet with the most totally unaccountable and which We are sitting here in very chal- money spent, we could have, for the would have no proper oversight. lenging fiscal times, when our national next 40 years, given Orbitz $1 million a I admire the gentleman’s goal in try- debt, in just a few years, has gone from month; plus, with the additional $50 ing to come up with a system that is $5.5 trillion to $8.5 trillion, Mr. Chair- million that we are putting in, we better than DTS, but I don’t think he man. Of course, at the same time, tax could pay them another $4 million a has done that. He has just done away revenues have escalated. We have per- month just to use their computer sys- with the DTS. We are attempting to sonal tax revenues up 15 percent and tem to do approximately the same get some integrated financial manage- corporate tax revenues are up 40 per- thing. ment at the Pentagon, and DTS is just cent. That would seem to indicate that Or else, if we had decided for the 15 one of the many programs that is try- the challenge in the national debt is on percent of the people who are actually ing to accomplish this integration. The the spending side. using the system, we could have program has some problems, but I So when you have 10,000 Federal pro- bought a fleet of $250 million personal don’t think we ought to kill the effort grams spread across 500 to 600 different jets and used $1 million a year to fuel and go back to ground zero and start agencies, it is almost impossible for those jets up and fly the people around. all over again. any one Member or any one committee All the facts point to a system that The prohibition on spending any to have effective oversight on each and is behind schedule, overbudget, and money to develop, deploy or operate every one. So I applaud the gentleman inoperably broken, costing taxpayers a would bar the Department from even from Indiana on his work here. Because lot of money. At times like this, Con- gress should help agencies stop digging operating the current system and we all know that soon, soon in Amer- themselves deeper holes. This amend- would also bar the Department from ica’s future we will face a very, very ment will stop funding this wasteful continuing any improvements to DTS. bad fork in the road. One fork is going program and allow DOD to stop digging This would ultimately leave the De- to lead us to a Federal Government that consists of almost nothing but themselves into a deeper hole they partment’s 3.5 million active duty mili- should not be in and reconsider a bet- tary, reserve, and civilian employees Medicare, Medicaid, and Social Secu- rity. There may be no Department of ter plan for scheduling, ticketing, and without any travel system. DTS is cur- paying for travel. rently the only system that can meet Defense. There may be no Border Pa- trol. We will see that in one genera- I urge my colleagues to support the the full spectrum of cost, capability, gentleman’s amendment. security, and savings requirements, as tion. The other fork in the road is going to Mr. MURTHA. Mr. Chairman, I rise well as the protection of personal infor- lead to doubling of taxes on the Amer- in opposition to the amendment and mation so important to the Defense ican people. And that is unconscion- ask for a ‘‘no’’ vote. Department and its global travelers. able, Mr. Chairman. It is just uncon- The CHAIRMAN. The question is on Interrupting development of this im- the amendment offered by the gen- scionable. We all know the old saying a portant program would cause an enor- tleman from Indiana (Mr. CHOCOLA). billion here, a billion there, and pretty mous disruption, adversely affecting The question was taken; and the soon we are talking about real money. and, in some cases, seriously jeopard- Chairman announced that the noes ap- Well, it looks like we have at least $.5 izing Defense Department mission re- peared to have it. billion here that has been spent on a quirements. I believe this amendment Mr. CHOCOLA. Mr. Chairman, I de- system that nobody is using, that costs is well intended, but I believe that bar- mand a recorded vote. way beyond what the marketplace is ring all funding would be a serious mis- The CHAIRMAN. Pursuant to clause charging now, and there are alter- take, so I oppose the amendment. 6 of rule XVIII, further proceedings on native systems developed by private Mr. HENSARLING. Mr. Chairman, I the amendment offered by the gen- enterprise that are doing a better job rise today to support the amendment tleman from Indiana will be postponed. and being utilized by others. of the gentleman from Indiana. Cer- AMENDMENT OFFERED BY MR. MARKEY So, indeed, our Nation faces two Mr. MARKEY. Mr. Chairman, I offer tainly there is no government agency great threats. The war on terror, of or no government Department that is an amendment. course, is the greatest threat; but we The Clerk read as follows: immune from having waste, fraud, or have another threat, and that is out-of- abuse and duplication; and this does in- Amendment offered by Mr. MARKEY: control spending. And every Member, At the end of the bill (before the short deed include the Department of De- every Member of this body has the re- title), insert the following: fense. sponsibility to root out the waste, the TITLE X—ADDITIONAL GENERAL I have no doubt that there is much fraud, and the abuse; and that is why I PROVISIONS hard work that has been done by the salute the gentleman from Indiana for SEC. 10001. None of the funds made avail- gentleman from Florida, the chairman what he has done. able in this Act may be used in contraven- of the subcommittee, but I also believe I don’t think the case has been made tion of the following laws enacted or regula- that every single Member of this body that this is essential to our national tions promulgated to implement the United has a responsibility, has a duty in defense. I don’t think the case has been Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treat- these challenging fiscal times to root made that it is helping taxpayers. So out the waste, the fraud, the abuse, and ment or Punishment (done at New York on we need to prevent future tax in- December 10, 1984): the duplication wherever they can find creases. We need to prevent more debt (1) Section 2340A of title 18, United States it. being placed upon our children and our Code. I think that once again, as we look at grandchildren, and I think we need to (2) Section 2242 of the Foreign Affairs Re- how much money the taxpayers have adopt the amendment of the gentleman form and Restructuring Act of 1998 (division already invested in a system that from Indiana, and I once again salute G of Public Law 105–277; 112 Stat. 2681–822; 8 clearly does not work, when 85 percent, him for his work. U.S.C. 1231 note) and any regulations pre- approximately 85 percent of the travel Mr. PEARCE. Mr. Chairman, I move scribed thereto, including regulations under out of DOD is booked in other systems part 208 of title 8, Code of Federal Regula- to strike the last word. tions, and part 95 of title 22, Code of Federal and only 15 percent in the DTS, clearly I want to thank the gentleman from Regulations. there are alternative systems avail- Indiana for offering his amendment to (3) Sections 1002 and 1003 of the Depart- able. GSA has already approved two E- H.R. 5631. Mr. CHOCOLA has been a con- ment of Defense, Emergency Supplemental travel systems that are being used stant fighter against waste, fraud, and Appropriations to Address Hurricanes in the throughout the Federal Government abuse, and today he offers an amend- Gulf of Mexico, and Pandemic Influenza Act, and could also be used by DOD. ment that gives us sound responsible 2006 (Public Law 109–148). So what we have now is already $.5 oversight, which is a critical part of Mr. MARKEY (during the reading). billion that is being invested in a sys- our job here in Congress. He has done Mr. Chairman, I ask unanimous con- tem that doesn’t seem to save any us a favor by bringing this program to sent that the amendment be considered money, and certainly I don’t think the our attention. as read and printed in the RECORD.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.107 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4275 The CHAIRMAN. Is there objection important that the United States Con- when we are spending millions of dol- to the request of the gentleman from gress make it very clear to anyone who lars? Massachusetts? would listen that we do not intend to I would submit that spending like There was no objection. use torture and that we do not use tor- this doesn’t just waste precious defense Mr. MARKEY. Mr. Chairman, the ture or inhumane treatment. dollars, but it leaves taxpayers hanging amendment which I am offering today As the gentleman suggested, the in the wind. is a simple one. It serves to reaffirm House agreed with the McCain amend- Let me simply conclude by saying the United States’ commitment to the ment, and it was included in last year’s that this applies to many amendments Convention Against Torture. It does legislation. that I will address today. They may be this by prohibiting the use of funds in worthy projects, yes, but how can we b 1600 contravention of laws and regulations justify them? How can we justify using promulgated to implement the Conven- We believe that the Markey amend- the money in the defense bill? tion Against Torture. ment basically restates existing law, Here we have a technology, wind gen- Now, this may all seem very familiar, and because of that we have no objec- eration. Let me just say in March 2005 because I offered essentially the same tion. at the request of Congress, the Depart- amendment to three appropriation The CHAIRMAN. The question is on ment of Defense issued a renewable en- bills on this House floor last year, and the amendment offered by the gen- ergy assessment that stated that cur- each time the amendment was adopted tleman from Massachusetts (Mr. MAR- rently 2.5 percent of the energy used on with near unanimity. And since those KEY). military installations is already from votes, we also passed the amendment of The amendment was agreed to. renewable sources. This level of renew- Senator MCCAIN, which prohibits cruel, AMENDMENT OFFERED BY MR. FLAKE able energy use meets a Federal goal inhuman or degrading treatment of de- Mr. FLAKE. Mr. Chairman, I offer an already set by the Department of En- tainees under the law. amendment. ergy. But President Bush, in his signing The Clerk read as follows: In addition the report indicated the statement of that bill, announced that Amendment offered by Mr. FLAKE: best way to increase the level of renew- he did not feel bound by the restric- At the end of the bill (before the short able energy being used by military in- tions on this administration’s ability title), insert the following: stallations would be through pur- to be able to torture individuals who TITLE X—ADDITIONAL GENERAL chasing commercially developed renew- come within the protection of the PROVISIONS able energy, not by spending ear- United States Government. The Bush SEC. 10001. None of the funds made avail- marked money, millions of dollars, to administration says that it can choose able in this Act may be used by the Office of put windmills there. to ignore what the United States Con- the Secretary of Defense for the project des- We know that wind energy is the gress says and actually what the Presi- ignated as the ‘‘Wind Demonstration most unreliable there is, and how we dent signs, a bill which binds him to Project’’. are supposed to pursue renewable implement. Mr. FLAKE. Mr. Chairman, this proc- projects to increase energy security at This House cannot and should not ess of challenge earmarks on the floor military installations by installing allow the administration to get away is often described at tilting at wind- windmills simply strains reason. with simply ignoring laws enacted by mills, so I suppose it is only proper Mr. MURTHA. Mr. Speaker, I rise in Congress. This is particularly the case that we start today with an earmark opposition to the amendment. when we are talking about torture, for the wind demonstration project. There are a lot of ideas that Members where the international reputation of This amendment seeks to prohibit of Congress come up with that the De- our Nation is at stake. $6.3 million from being used to fund partment of Defense initially opposes, In addition to refraining from the this project. It appears that this is the and then they find out all at once they practice of torture under international second year in a row that this project work. law, we also have a responsibility as a has received multiple millions of dol- For instance, some years ago we Nation that we not outsource torture lars in Federal funding. Last year’s de- came up with a research project to to other countries, that is, that we fense appropriations included $4.25 mil- produce fuel for jets out of coal, and render, that we extraordinarily render lion for this same earmark. It appears now you would think it was the Air prisoners who we have captured to the funding was not requested by the Force’s idea, and we will save as much other countries which we know engage administration. as 50 percent of oil costs for the jet in torture, and accept as a promise While little information is made fuel. This is something where the com- from that country they will not torture available in this year’s report, last mercial side is way ahead, and we cer- these individuals, even though these year’s conference report indicated that tainly ought to be trying to reduce our countries are on the list of the State the funding is for a ‘‘wind demonstra- dependence on foreign oil. I would ask Department as countries that we know tion project on a U.S. Air Force instal- for a ‘‘no’’ vote on this amendment. engage in torture. lation using domestically manufac- The CHAIRMAN. The question is on This policy must be rejected by this tured turbines that are new to the U.S. the amendment offered by the gen- House. We should not and cannot un- market to test the security and reli- tleman from Arizona (Mr. FLAKE). dermine our standing as the inter- ability of wind generation on base.’’ The amendment was rejected. national leader in human rights by al- So I ask when this country is at war AMENDMENT OFFERED BY MR. SCHIFF lowing for the outsourcing of torture in and seeing unprecedented increases in Mr. SCHIFF. Mr. Chairman, I offer the name of the United States to fight the Federal debt, why are we spending an amendment. terrorism, because we send a signal to more than $10 million on windmills for The Clerk read as follows: the rest of the world that we are not military bases? How is it in the list of Amendment offered by Mr. SCHIFF: willing to abide by the rules that we extensive and costly priorities for the At the end of the bill (before the Short say we intend for the rest of the world United States military that testing Title), insert the following: to adopt. newly introduced turbines rises to the TITLE X—ADDITIONAL GENERAL And make no mistake, that is what list above research and development PROVISIONS this country is doing when it carries that could save lives? How is it possible SEC. 10001. (a) None of the funds made out renditions of prisoners that we in addition that taxpayers could be available in this Act may be used to engage have captured to notorious human asked to spend more than $10 million in electronic surveillance in the United rights’ violators; it is outsourcing tor- on an earmark that doesn’t even in- States except as authorized under— ture. It must be rejected. I urge an clude such basic information as where (1) the Foreign Intelligence Surveillance this will be sited or what companies Act of 1978 (50 U.S.C. 1801 et seq.); or ‘‘aye’’ vote on my amendment. (2) chapter 119 or chapter 121 of title 18, Mr. YOUNG of Florida. Mr. Chair- will directly benefit from the funding? United States Code. man, I move to strike the last word. How can we honestly say to Members (b) For purposes of this section, the terms As usual, Mr. MARKEY is very persua- that Members have a real oversight, ‘‘electronic surveillance’’ and ‘‘United sive, as he has been in the past. It is that we have real accountability here States’’ have the meanings given those

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.110 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4276 CONGRESSIONAL RECORD — HOUSE June 20, 2006 terms in section 101 of the Foreign Intel- be a sufficient limiting principle, but In underscoring the importance of ligence Surveillance Act of 1978 (50 U.S.C. the executive is no more infallible than this, on January 25, 2 days later, the 1801). we are here in Congress, and so we have President of the United States said, Mr. SCHIFF. Mr. Chairman, I would a role to play. ‘‘The 9/11 Commission made clear in like to commend Chairman YOUNG and In enacting FISA, Congress specifi- this era of new dangers, we must be Ranking Member MURTHA for forging a cally sought to balance our national able to connect the dots before the ter- strong bill to fund our Defense Depart- security interests with legitimate civil rorists strike so we can stop new at- ment and DOD entities, and I applaud liberty concerns. In so doing, Congress tacks.’’ And the NSA program, he said, them for their hard work and dedica- expressly permitted surveillance with- is doing just that. tion. As we consider this important bill out court order for 15 days after the Those of us on the Armed Services today, I appreciate the opportunity to declaration of a war. Committee and other Members of Con- address a crucial issue. Additionally, Congress provided the gress in various other capacities work At the outset, I want to thank my authority to engage in electronic sur- night and day trying to provide a high colleague Mr. INSLEE for all of his lead- veillance for up to 72 hours without level of national security for our coun- ership on this issue, which has been court order. try. This amendment would do damage tremendous. We have been working Furthermore, after the September 11 to that effort. It would make that ef- side by side on this amendment today. attacks, the administration came to fort at least much more difficult. I would also like to thank Mr. FLAKE Congress and asked us to modify FISA To the credit of the CIA and to the that I have introduced legislation to respond to the new challenges in the credit of the administration and our along with for his tremendous leader- war on terror, and Congress responded government generally, we have been ship. This amendment is, in fact, based by making those changes. able to get through the years since on legislation that I have offered with Electronic surveillance of al Qaeda September 11, 2001, without additional Mr. FLAKE. I also want to thank Mr. operatives and others seeking to harm attacks. VAN HOLLEN for all of his leadership. our country must continue; it simply The activities are reviewed for this The bill that I introduced with Rep- can and should comply with the law. program every 45 days. We are making resentative FLAKE several months ago We stand ready to work with the ad- every attempt to make sure that this was a bipartisan bill of five Democratic ministration if further statutory revi- program is carried out correctly and Members and five Republican Members, sions to FISA or other authorities are safely and doesn’t infringe on the and addresses the NSA surveillance required to meet the new challenges in rights of the American people. The program that almost every Member of the war on terrorism. Until then, we NSA’s activities under this authoriza- this body learned about in the morning must restore the rule of law. I urge the tion are thoroughly reviewed by the newspaper. House to do so today. Justice Department and NSA’s top This amendment recognizes two im- I know my colleagues Mr. SHERMAN, legal officials, including NSA’s general portant principles: First, that the gov- Mr. INSLEE, and Mr. VAN HOLLEN will counsel and inspector general. ernment must have all of the tools nec- want to strike the last word to speak Mr. Chairman, I strongly oppose this essary and all of the authority required on this as well. amendment. to pursue al Qaeda and other terrorists Mr. SAXTON. Mr. Chairman, I rise in Mr. MURTHA. Mr. Chairman, I rise who would seek to harm our country. opposition to the amendment. in opposition to this amendment. And second, this amendment recog- Mr. Chairman, Chairman HUNTER, The problem we have here is those of nizes that we are a Nation of laws. the chairman of the Armed Services us who have been briefed on the pro- While the President possesses the in- Committee is not here today due to a gram, even though admittedly we were herent authority to engage in elec- important personal commitment in his not briefed until it became public, tronic surveillance of the enemy out- district, and he asked me to state his can’t talk about the program. I was side the country, Congress possesses opposition to this amendment. briefed for an hour and 45 minutes, and the authority to regulate such surveil- Mr. Chairman, I think it goes with- I feel comfortable that there are ade- lance within the United States, and, in out saying that this is an extremely quate safeguards. But we can’t talk fact, Congress has spoken in this area important provision, and this amend- about the safeguards. through Title III and through the For- ment would do, in my opinion and in I asked NSA, what can we say about eign Intelligence Surveillance Act. Chairman HUNTER’s opinion, great the program and not violate the secu- When Congress passed these statutes, damage to the ability of our country to rity? And they said, well, you have to it intended that they provide the sole provide national security for the Amer- look at what the President said. Well, authority for surveillance on American ican people. I looked at what the President said, soil. Our amendment simply reinforces That is why the administration also and he didn’t say very much. This is a existing law that the government must strongly opposes the Inslee-Schiff real problem we are getting into, and obtain a court order when U.S. persons amendment. It is a direct effort to cut the more we talk about it, the more are targeted or surveillance occurs in off the President’s ability to engage in difficult it makes it. the United States of America. surveillance pursuant to his constitu- Now you are actually authorizing Recently when the Attorney General tional authority, and the authorization this program. If you vote for this, you testified in the Judiciary Committee, I to use military force as passed by the authorize this program. You say you asked about the limiting principle of Congress. have safeguards. That is what you are the NSA program; was it restricted The program has been briefed to all going to have. If this passes, this au- only to international calls; what if the members of the House and Senate In- thorizes this program. At one point we administration decided tomorrow it telligence Committees. They are fully couldn’t even say that this program ex- had the inherent authority to tap pure- briefed to all aspects of the terrorist isted. So I think this is a very difficult ly domestic calls between two Ameri- surveillance program and are con- time for those of us who have been cans, did it feel it could do so without ducting oversight. briefed about it. court order; and the Attorney General I would just point out NSA Director said that he would not rule it out. He General Hayden said on January 23, b 1615 would not rule out having the pure au- 2006, at the National Press Club, ‘‘The And I know there are a lot of people thority without going to court to tap TSP allows interception of the inter- in the executive branch that know the calls between two Americans on national communications of people about it. But the way I read this American soil. with known links to al Qaeda and re- amendment, you say follow the proper So what is the limiting principle if lated terrorist organizations. There are procedure and you agree with the this program can change from day to no communications more important to amendment. You agree with the proce- day without the input of Congress? The the safety of this country than those dures. I think that there is some real only limiting principle is the good affiliated with al Qaeda with one end in benefit if they do it right. But if this faith of the executive, which, when the the United States. The purpose here is passes, I think you ought to know this executive shows it is infallible, might to detect and prevent future attacks.’’ is authorizing the program. And if it

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.042 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4277 fails, you are saying, in fact, let them this is far beyond politics. It goes a lot Intelligence Committee or the chair- go ahead and not pass. So we are in a deeper. This goes to the safety and the man of the Full Committee or someone catch-22 position here, Mr. Chairman. security of American people wherever can say, yes, the administration is And we can’t talk about it at all. And they might be. And it is unfortunate complying with FISA, and they have I think we have to be careful that more that we can’t reveal everything that is taken this program to the FISA court and more people don’t talk about it so done, how it is done, where it is done, for clearance. That is what people who that more people don’t know the value when it is done; but believe me, it is ef- support this amendment are concerned of the program. We have got a heck of fective and the privacy of the Amer- about, that Congress enacted legisla- a problem here. And I recommend we ican people have been protected. tion here saying that if you want to go vote against it. But if we vote against Mr. SCHIFF. Will the gentleman out and gather this kind of informa- it, then we actually are saying, well, yield? tion, you have to first go to the FISA you can go ahead with the program as Mr. YOUNG of Florida. Yes, of course court to get approval and to show it is. And yet I believe there are I would yield. cause. I think that is what this really enough safeguards. But if we pass it, Mr. SCHIFF. Mr. Chairman, I appre- all gets down to. we actually are authorizing the pro- ciate your thoughts and I appreciate The CHAIRMAN. The time of the gram. your yielding. And we are up against a gentleman from Florida (Mr. YOUNG) I don’t even know if we can work it vicious enemy, and we ought to have has expired. out, Mr. Chairman, because there are every power of intelligence and every (On request of Mr. DICKS, and by so few people that really know about tool in the tool box and I completely unanimous consent, Mr. YOUNG of Flor- the program. agree with that. I think we can do that ida was allowed to proceed for 2 addi- Mr. SCHIFF. Will the gentleman within the laws that the Congress has tional minutes.) yield? passed. And the gravamen of my con- Mr. DICKS. So that is the question Mr. MURTHA. I will be glad to yield. cern is something that took place in we have here, Mr. Chairman. Mr. SCHIFF. I thank the gentleman the Senate, when one of our GOP col- Mr. YOUNG of Florida. I will con- for yielding. The amendment says that leagues asked the administration, dur- tinue to yield in just a minute. On the there is a prohibition on using funds to ing the debate over the PATRIOT reau- legal aspects of this, I am going to Mr. fund this program unless it meets the thorization, which I supported, do we LUNGREN. I think he is prepared, and he requirements of FISA. Any part of the need to change FISA. We were making will probably get his own time, because program that does meet the require- modest changes to FISA, and the Re- I am limited to 2 minutes. ments of FISA, meet the existing law publican Senator said, Do we need to But in the minute I have left, I will passed by the Congress, could continue do something larger? And the adminis- yield to Mr. LAHOOD. to be funded. Those parts that don’t tration response was no, that FISA is Mr. LAHOOD. Mr. Chairman, let me meet the requirements of FISA, the ad- operating just fine as it is. just say I am the longest-serving mem- ministration will have to go back. Now, if there are changes that need ber of the Intelligence Committee. I Mr. MURTHA. Let me take back the to be made, there is a 72-hour after-the- am in my eighth year. I am the vice time. I agree with that. I agree. And I fact authorization. If that window is chairman of the committee. think there are sufficient safeguards in too short, it can be lengthened. If there If it were disclosed, the answers that the program already. We are in a bad are other problems, they be changed. you want, it would be a violation of situation here, Mr. Chairman. I don’t And all that can be changed without those who serve on the committee and know that I can say any more. disclosing to the public the nature of those who have been briefed. They Mr. YOUNG of Florida. Mr. Chair- the program itself. can’t disclose that information. They man, I rise in opposition to the amend- I haven’t been briefed on it. I am not will be thrown off the committee. ment. As Mr. MURTHA has suggested, one of the lucky few, or maybe I am Mr. DICKS. I was on the committee there is a lot that can’t be said about lucky. But it concerns me when the ad- for 8 years and served as the ranking this amendment and about this pro- ministration says we don’t need to member. gram. But what I would like to say is, change existing law, when I think we Mr. LAHOOD. I know you were. But let’s don’t tie our hands behind our can retain all of these tools, but the this is highly classified information. back when we are fighting a vicious, Congress can play its role in making The CHAIRMAN. The gentleman cruel enemy. sure that these programs are author- from Florida has the time. Intelligence is extremely important ized by law, that they are not being Mr. YOUNG of Florida. Mr. Chair- in the war against terrorism. First of conducted extralegally. man, I have yielded to the gentleman all, you don’t have, in this particular Mr. YOUNG of Florida. Well, let me from Illinois. war, you don’t have an army against an reclaim my time and suggest that if Mr. LAHOOD. This is highly classi- army. You don’t have a country you want to rewrite FISA, you don’t do fied information. What you all need to against a country. You have terrorists it on the floor on an appropriations know is, the people that you have put attacking innocent people here in the bill. You introduce a bill, or you go to your trust in, that the leadership have United States on September 11, and the proper committee of proper juris- put their trust in, those that serve on leading up to September 11, and any- diction. This is not something you do the Defense Appropriations Sub- where else in the world that they de- on the floor. This is serious. It is not committee, those that serve on the In- cide that they are going to attack. something you do on the floor without telligence Committee have been One of the best defenses against these any real hearings or consideration. If briefed. Now you have to trust them attacks is the ability to know where you want to change FISA, let the au- that they know what is going on here. they might be or when they might thorizing committee change it. They All 435 members can’t be briefed. You strike or what the target might be. are the ones that have the jurisdiction. know why they can’t be briefed, be- Don’t deny the people on the front Mr. DICKS. Will the gentleman cause we all love to talk and it would lines of this intelligence war and infor- yield? get out. mation war and the hot war, don’t deny Mr. YOUNG of Florida. I will. So what I am saying to you, the gen- them every tool that they can possibly Mr. DICKS. I am also one of those tleman from California, the author of have. who have not been briefed on this par- the amendment, you need to trust Mr. As Mr. MURTHA said, for those that ticular program. But I would like to MURTHA, you need to trust the chair- have been briefed on this program on a ask the gentleman, is the gentleman man of the committee. You need to regular basis, I am not aware of anyone suggesting that the administration is trust Mr. HOEKSTRA. You need to trust who is concerned that the rights of not complying with FISA? JANE HARMAN. These are people with Americans to their privacy have been Mr. YOUNG of Florida. I am not. the responsibility from your leadership violated. I certainly do not believe that Mr. DICKS. Well, you know, that to serve on these committees. They the rights of Americans have been vio- would certainly clear it up without know what is going on. lated in this program. And so I think it getting into any classified information Mr. SCHIFF. Will the gentleman is crucial to oppose this amendment; if somebody here, the chairman of the yield so I can respond to the question?

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.118 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4278 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Mr. YOUNG of Florida. Mr. Chair- tions, as well as the House Select Com- I along with Mr. FLAKE, Mr. INGLIS, Mr. man, I would suggest that the other mittee on Intelligence. I’d like to an- LEACH, and others have introduced the Members get their own time. swer several questions that have come bill. We have not been able to get a Mr. OBEY. Mr. Chairman, I move to up with this amendment. hearing in committee, and so the only strike the last word. When questioned about the purpose opportunity for us to raise this issue is Mr. Chairman, I do not want to get of this amendment, the author said on the House floor into the specific debate on this amend- that he thought that the FISA law, or Mr. TIAHRT. Reclaiming my time, I ment because I think there are equities the Foreign Intelligence Surveillance suggest you pursue your bill then, be- on both sides. But I must comment on Act, should be rewritten. And there are cause what you are doing here abso- a statement that was just made by the some who believe that legislation lutely ties the hands of the Federal gentleman from Illinois when he said should be rewritten because it was Government from protecting us, and it that the reason this information can’t originally penned in 1978, and we have does not rewrite FISA. be more broadly shared is because peo- had significant changes in technology Now, let me also make this argument ple in Congress like to talk. since that time. Each of us carries a that FISA is a very narrow portion of When Mr. Negroponte was before the phone or BlackBerry, none of which ex- our law. There is a much broader scope Defense Appropriations Subcommittee, isted in that format back at the time. that is applicable to the situation nec- and I have been an ex oficio member of So there have been changes that have essary to protect this country. So fo- that committee now for over 12 years, gone on to our technology. cusing on one portion of the law is but when I asked Mr. Negroponte, who, But to answer the question of the tying our hands and trying to make the after all, is the Director of Intel- gentleman from Washington, the ad- whole world comply with this one nar- ligence, when I asked him whether or ministration does believe that they are row segment of law, in my view, it ties not he could cite a single instance in within the current law, and they do be- our hand, and I don’t think we should which any member of the Defense Ap- lieve they have the authority to do do it. propriations Committee had ever what the gentleman has alleged that What I would suggest is that you leaked any classified information, he they are doing. I don’t think that there withdraw this amendment, pursue your indicated he could not. is anything that really needs to be ex- bill, along with the Republican cospon- I also asked him, and I think this is sors, because this does tie our hands. It an accurate recollection, I also asked pressed much beyond this, except that gives us an opportunity to be less safe, him if he could tell me how many the gentleman from California (Mr. and I suggest the gentleman withdraw times stories had appeared in the SCHIFF) said he believes that FISA should be rewritten, if it doesn’t meet his amendment. Washington Times that his own agency Mr. INSLEE. Mr. Chairman, I move thought had been leaked by the execu- the requirements of today’s environ- ment, it should be rewritten. This to strike the last word. tive branch of government. Mr. Chairman, there are times where And I asked him how many times he amendment doesn’t do that. All this the Constitution needs to be consid- thought those leaks had been provided amendment does is strike funds for any ered, and this is one of those times. by the Defense Appropriations Sub- electronic surveillance program in the Those of us who support this amend- committee. And his response was, to United States. And I think that would ment, I hope that both Republicans and the best of his knowledge, none. be an opportunity for putting this Democrats will do so because I think And yet, I want to make clear, not country in peril. Republicans and Democrats ought to all members of the Defense Appropria- One of the reasons we haven’t had an agree on one central proposition, and tions Subcommittee have been briefed. attack since September 11, 2001, is be- that is the proposition that our govern- Now, I believe they should have, be- cause we have used every means nec- ment ought to protect our citizens ag- cause taxpayers dollars go through the essary to keep ahead of the terrorists. gressively, assertively. We need elec- appropriations bill, and I think every b 1630 tronic surveillance to be doing it to the member of that subcommittee needs to The terrorists have used videos to ad- full extent of the law, and that intel- know what the facts are on this case. vance their ideals. They have used the But the fact is, let’s not get into the ligence should be done in compliance Internet. They have used Web sites. belief that it is the Congress who rou- with the American way. They have tried to raise money and tinely leaks. The White House rou- There is an American way to do in- reach out and touch Americans in a tinely leaks more classified informa- telligence, and there is a Chinese way negative way again and again and tion than the Congress even has. And to do intelligence. There is a Turkish again. And this country has done ev- anybody who doesn’t believe that way to do intelligence. There is a Rus- erything possible to prevent that from doesn’t know the score. sian way to do intelligence. And there Mr. DANIEL E. LUNGREN of Cali- happening, and they have done it suc- is an American way to do intelligence. fornia. Will the gentleman yield? cessfully, and they have done it by And the American way to do intel- Mr. OBEY. Yes, I would be happy to using technology. And this amendment ligence is to do a very simple thing: yield. appears to be tying hands on our abil- Comply with the law that has been Mr. DANIEL E. LUNGREN of Cali- ity to use technology, and I think that passed and signed by Congresses and fornia. I can’t quote Mr. Negroponte, is wrong. Presidents. but I can quote Benjamin Franklin Mr. SCHIFF. Mr. Chairman, will the And all this amendment does is say a who, in 1776, explained the unanimous gentleman yield? very simple proposition: You don’t decision of the Committee on Secret Mr. TIAHRT. I yield to the gen- spend taxpayers’ money to do illegal Correspondence for not telling their tleman from California. acts by the Federal Government. That colleagues in the Continental Congress Mr. SCHIFF. Mr. Chairman, I thank is all it says. And when it passes, we about a covert operation. And he said the gentleman for yielding. will do assertive, aggressive intel- we find by fatal experience that Con- Very quickly, the only thing the ligence of these scoundrels by doing a gress— amendment provides is that surveil- very simple thing: Get a warrant. And Mr. OBEY. I am going to take back lance on American soil cannot be fund- if you do not have time to get a war- my time. I was prepared to entertain a ed if it is not in compliance with FISA. rant, get it 72 hours after you do the serious question. That is not a serious So if you are in compliance, if this pro- intelligence, because the FISA Court question. I am not interested in what gram complies with FISA, it could go allows that to happen. That is the sim- happened 200 years ago. I am interested on. ple proposition here. in what is happening today and tomor- Just to address the chairman’s point, Now, why is that important? It is im- row. and this is on the same point you are portant because the people who fought Mr. TIAHRT. Mr. Chairman, I move making, too, which is we should not be the Revolution realized that no Amer- to strike the requisite number of debating this on the House floor, that ican is perfect, and that includes no words. you should introduce the bill, and it American President. To the propo- Mr. Chairman, I am a member of the should be heard in committee. Mr. sition that all men are created equal, Defense Subcommittee on Appropria- Chairman, we have introduced the bill. you can add the proposition that no

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.120 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4279 man is created perfectly. And that is tion which gives the President execu- opinion in the Katz decision. These are why we demand some judicial oversight tive authority, coupled with his au- the words of Justice White: ‘‘Wire- on this. thority as Commander in Chief of the tapping to protect the security of the And, by the way, the central argu- Armed Forces, forms the basis for the Nation has been authorized by succes- ment I have heard about this is that a surveillance of al Qaeda members and sive Presidents.’’ In other words, it did few Congressmen have said it is okay, those who are affiliated with al Qaeda. not start with this administration. He apparently. Well, calling a few Con- The President’s actions are certainly said, ‘‘The present administration gressmen is not enough under the law. consistent with the Founding Fathers, would apparently save national secu- Why? Because the law is very specific. as expressed in John Jay’s observation rity cases from restrictions against It says that each application for an in Federalist Paper No. 64: ‘‘The Presi- wiretapping.’’ Again, Justice White’s order approving electronic surveillance dent . . . will be able to manage the words: ‘‘We should not require the war- under this subchapter shall be made by business of intelligence in such manner rant procedure and the magistrate’s a Federal officer in writing, upon oath as prudence may suggest.’’ An exam- judgment if the President of the United or affirmation, to a judge. To a judge. ination of historical records makes States or his chief legal officer, the At- And we are great Congressmen. I have clear that the Founding Fathers in- torney General, has considered the re- eminent respect for all the people who tended the President to have primary, quirements of national security and were briefed on this. But not a single if not exclusive, control over the busi- authorized electronic surveillance as one of them wears a black robe, and ness of intelligence. We may not like reasonable.’’ not a single one of them was given au- it, but that is what the Constitution As explained publicly by the Presi- thority by the United States Constitu- establishes. We may have a FISA law, dent, he followed the prescription of tion to make this decision. Calling RAY but that does not restrict the President Justice White. He has personally had or NORM or any of my great colleagues if, in fact, he has inherent authority hands-on over this. He has had his At- and saying, ‘‘Does this sound okay to under the Constitution. torney General with hands-on author- The argument that the President has you,’’ is not enough in American de- ity over this. But then in addition, he somehow violated the law misunder- mocracy. did notify the Congress. He notified the stands that the Constitution is the su- Now, we have had other occasions in leadership of the House and the Senate. preme law of the land. Congress has no our democracy where we have been He notified the leadership of the House more authority to intrude on the exec- challenged by fear, and I do not want and the Senate committees of jurisdic- utive authority of the President than to see us succumb to that again. And tion. No, he did not notify all of us, but the President does on the enumerated for those of us who think it shouldn’t he comported with the law and the in- authority of the Congress. As James bother us, the President is not going to terpretation of the Constitution sug- Wilson argued during the ratification bug us, other nations have lost their debate in his own home State of Penn- gested by Justice White. liberty because of that attitude, be- I would suggest if one looks up the sylvania: ‘‘The President of the United cause some Supreme Court Justice said definition of the word ‘‘moderate’’ in States can shield himself and refuse to loss of liberty does not come like a cur- Webster’s Dictionary, you would find carry into effect an act of Congress tain coming down like a thunderclap. the picture of Justice White. He start- that violates the Constitution.’’ In the It comes the way the twilight comes, ed the middle ground on all of this. same context, John Jay points out in So I would suggest, as we look at gradually, and you do not notice. Federalist 64 that ‘‘it surely does not Do not wink at this potential viola- this, we understand that we may have follow that because they have given tion. Say that we are going to do intel- a debate about how the President has the power of making laws to the Legis- ligence the American way. For those done it, but to suggest that what he lature, that therefore they should like- people in Iraq and Afghanistan who are has done is unlawful or illegal does not wise give them power to do every other risking their lives for democracy and recognize either the Constitution or act of sovereignty by which the citi- the liberties we enjoy, don’t we have zens are to be bound and affected.’’ The the comments of the Founding Fathers enough gumption to send a simple mes- United States Supreme Court summed in support of the Constitution. Mr. DICKS. Mr. Chairman, I move to sage to the executive branch of the it up well in Ex parte Miligan: ‘‘Nei- strike the requisite number of words. United States from the U.S. Congress, ther can the President in war more Mr. Chairman, when President Carter a very simple message that we expect than in peace intrude upon the proper signed the FISA into law, he said in his the law to be fulfilled, that our per- authority of Congress, nor Congress signing statement: The bill requires for sonal protection to be fulfilled by get- upon the proper authority of the Presi- the first time a prior judicial warrant ting a warrant the way the law re- dent. Both are servants of the people, for all electronic surveillance for for- quires? That is all that we require. whose will is expressed in the funda- eign intelligence or counterintelligence Mr. DANIEL E. LUNGREN of Cali- mental law.’’ fornia. Mr. Chairman, I move to strike It is interesting to note for those who purposes in the United States in which the requisite number of words. have talked about historical record communications of U.S. persons might Mr. Chairman, I rise in opposition to that the First Congress, which created be intercepted. It clarifies the execu- this amendment. the Department of Treasury and the tive’s authority to gather foreign intel- There has been a lot of talk about Departments of War and Foreign Af- ligence by electronic surveillance in following the law. People seem to ig- fairs, gave Congress access to the the United States. It will remove any nore what Griffin Bell said at the time records and papers of the Treasury De- doubt about the legality of those sur- the Carter administration brought this partment, but not to the Departments veillances which are conducted to pro- bill before the Congress to be passed of Foreign Affairs and War. It is clear tect our country against espionage and into law. At that time he very care- that the power of the President vis-a- international terrorism. It will assure fully said that enactment of FISA did vis Congress was broader with respect FBI field agents and others involved in not exclude the authority the Presi- to foreign affairs than it was in the do- intelligence collection that their acts dent has under the Constitution. mestic realm of governance. We may are authorized by statute, and, if a per- We have heard on this floor about il- not like it, but that is what the Con- son’s communications are concerned, legal acts. I would remind my col- stitution says. by a court order, and it will protect the leagues that the supreme law of the According to Madison, the ultimate privacy of the American people. land is the Constitution, and the Presi- check on Presidential power possessed In my reading of FISA, and I served dent has inherent authority under Ar- by the Congress rests with the ‘‘first for 8 years on the Intelligence Com- ticle II of the Constitution in this area. principle in free government.’’ mittee, 4 years as the ranking member, We may not like it, but the fact of the According to John Marshall in I do not think there is an exception matter is that is one of the reasons you Marbury v. Madison, the limits on such here. I do not think the President of have elections for a President, to have Presidential authority must be found the United States has inherent author- the authority and the power that he elsewhere in the Constitution itself. ity to violate FISA. has under the Constitution. The vest- Look, we ought to look at what Jus- If you took Mr. LUNGREN’s approach ing clause of Article II of the Constitu- tice White observed in his concurring to this problem, he can comply with

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There is When the Attorney General testified in We have offered that numerous times one way and only one way to gather committee, he said he believed, as evi- in the Judiciary Committee, yet we are foreign surveillance information do- dently my colleague from California told, no, you don’t need to change it. mestically, and that is you go and get does, the President has the inherent Of course we don’t need to change it if a warrant and go to the FISA Court authority to tap calls between two they can simply go around it. So I first. First. And maybe you have 72 Americans on American soil, that he think the gentleman’s amendment is hours to do that. That is certainly un- wouldn’t rule that out. perfectly proper. derstandable. Well, I am not satisfied by an argu- Believe me, if this amendment But in my mind, if you want to ment that says, trust us. We are from passes, and the administration feels change FISA, change FISA. But I can- the government. compelled, they will come directly to not accept an interpretation that says Mr. DICKS. Mr. Chairman, reclaim- Congress and ask for the authority, but the President can comply with FISA ing my time, I think President Carter they will do it right, and I think the when he wants to, and he does not have had it right. He said all electronic sur- Congress will be glad to give it to to comply with it when he does not veillance for foreign intelligence or them. But there has to be bounds here. think it is in his best interest to do so. counterintelligence purposes in the We are the elected representatives. It He is not a king. He is a President. United States has to come under the struck me when one of the Members in Mr. INSLEE. Mr. Chairman, will the FISA Court. That makes sense. That opposition to this amendment said a gentleman yield? is, I think, the purpose of this amend- lot of people in the executive branch Mr. DICKS. I yield to the gentleman ment, is to make certain that the know about this program. That ought money is being expended in compliance from Washington. to be disturbing to a lot of us, that far with FISA. Mr. INSLEE. Mr. Chairman, I want more people in the executive branch The gentleman is a cosponsor of this know about this program than the people to understand the sweeping amendment. Is that your under- elected representatives of the people. scope of Mr. LUNGREN’s argument. standing? Does that not disturb anybody around What he argues is that the President of Mr. INSLEE. Mr. Chairman, if the here that many people over in the exec- the United States, during a time of fear gentleman will yield, that is exactly utive know about it and we don’t? and war that we are now in, has the un- right. The President can do all of the We are told in the National Security checked, unfettered, unlimited author- intelligence he needs to do in a way Act that the President is supposed to ity to ignore not just FISA, but any that complies with FISA. That is what inform the committees of jurisdiction. law passed by the Congress of the we want him to do. That is what the It doesn’t say a few members of those United States and signed by any Presi- Constitution requires. committees, the committees of juris- dent. His argument here means that no Mr. FLAKE. Mr. Chairman, I move to diction. law restricts this President or any strike the last word. I think we simply ought to follow other President to do anything else. Mr. Chairman, I thank the gen- this. This is a reasonable amendment. I Not just intelligence. Torture, false tleman, the main sponsor of this would urge those in my party and the imprisonment; you go as far as you amendment, and I am pleased to be a other party to support it. want. cosponsor of it. Mr. VAN HOLLEN. Mr. Chairman, I Mr. DICKS. Mr. Chairman, reclaim- I would love for the President to have move to strike the last word. ing my time, I want to ask the author this authority, as he should have it. I Mr. Chairman, I am pleased to join of the amendment. would love to give him this authority, with my colleagues in offering this Both of you are the authors of this but I think unless he is going to go amendment. amendment. under FISA, he ought to come ask for I think we should all be able to agree There is no restriction on the utiliza- it. I think that he needs it, I think it on a couple things. This is an ex- tion of money if the President has com- is proper. tremely important issue. It should be plied with FISA; is that not correct? But when we are told, as we have beyond partisan politics. We should use Mr. SCHIFF. Mr. Chairman, will the been on the Judiciary Committee by all our means to intercept communica- gentleman yield? the Attorney General, that he feels tions from al Qaeda for our national se- Mr. DICKS. I yield to the gentleman that any domestic surveillance could curity. We should also abide by the from California. be okay, he wouldn’t rule it out, what rule of law. Mr. SCHIFF. That is absolutely isn’t allowed? Why does the President The rule of law is not an a la carte right. The only thing that the amend- need FISA at all if he can simply go thing. You don’t get to pick and choose ment does is it says that when you are around it? What purpose does FISA which laws you like and which laws surveilling people on our home soil serve? Why did we go through what we you don’t like. We don’t say to the here in the United States of America, went through for months and months American people when we pass statutes it has to be authorized by FISA. If it is with the initial PATRIOT Act and then in this Congress and they are duly not authorized by FISA, if it is outside for a year to reauthorize it? signed by the President in accordance of FISA, you cannot use the funds in In the end, we had to ask ourselves, with the Constitution, pick the ones this bill. after hearing the testimony of the At- you like to comply with and ignore the torney General, why did we do this? ones we don’t like. b 1645 Why are we so specific and so careful Well, this President and any Presi- The gentleman from Illinois says, about the powers that we give to the dent should not be held to any different ‘‘Trust us. There are some of us that executive when they can simply ignore standard than the American people know the program, trust us. We can’t it and go on their own? It simply begs when it comes to abiding by laws duly disclose information about the pro- the question if you are not going to use passed by this Congress and signed by gram here on the House floor.’’ I am FISA, why not just run amuck? the President in accordance with the not asking anyone to disclose informa- I submit that the acid test for Repub- Constitution, and that is what this de- tion about the program on the House licans on this has to be, would we be bate is all about. floor. The only question raised by this comfortable if a Democrat were in the The amendment is very simple. It is amendment is are we funding programs White House using this authority? I so straightforward, I am just going to that are in contravention of existing have to say I wouldn’t be. But nor am read a portion of it right now. ‘‘None of law, FISA. I comfortable with a member of my the funds made available in this act I think you are exactly right about own party having it. may be used to engage in electronic my colleague from California’s argu- There is a separation of powers argu- surveillance in the United States ex- ment, which is basically the President ment here. We are a coequal branch of cept as authorized under the Foreign

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.126 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4281 Intelligence Surveillance Act of 1978’’ rule of law. We can protect the Amer- eral principle, ignoring Griffin Bell is a and other chapters cited here. ican people, we can intercept al Qaeda good idea. I have always done that in In other words, comply with the laws communications, and we can do it in important cases. But what Griffin Bell passed by this Congress and signed by accordance with the rule of law. said or didn’t say doesn’t tell us. the President. I urge my colleagues to adopt this And this is the question, not what Now, we have heard from our col- amendment. John Jay said or this one said, because leagues on the Intelligence Committee Mr. FRANK of Massachusetts. Mr. you can quote each other to death. to trust us, this is a needed program. A Chairman, I move to strike the req- What kind of Constitution do you lot of us haven’t had the benefit of that uisite number of words. want? Do you want one where the information. But I would say, many of Mr. Chairman, I congratulate the au- President of the United States without us have not disputed the need for the thors of this amendment. The debate any check can do what he thinks best? program. here and potentially the outcome con- Because, by the way, the courts won’t Maybe we should have this program. firm a very important point: We do not be involved here, because they can We certainly want to intercept any suffer in this country from a problem avoid a court decision by never pros- communications from al Qaeda. But it of the Presidential usurpation of ecuting based on this evidence. does concern me that the members of power. We suffer from congressional So the only potential check here is if the same Intelligence Committee can- dereliction of duty. It is not a case of we say no. Yes, you can wiretap, as not tell us whether or not the program the President overreaching. It is a case long as you can get a warrant. And get- as it is currently configured is com- of us ducking and dodging and letting ting warrants under FISA is not hard. plying with FISA. That certainly is not him do all the tough issues. But we do not like the principle of an a classified thing, whether or not it is This amendment is a very simple unchecked Presidential power. configured to comply with FISA. The one. Now, Members have said on the I will yield to my friend from Cali- fact that the members of the Intel- other side, I heard the gentleman from fornia if he will begin by answering ligence Committee cannot tell us Kansas say, why don’t you bring in a this question: Conservatives tell me whether it is configured with FISA or bill? Two reasons: First of all, if we they like to be textual with regard to not is troubling. brought in a bill, it would never see the the Constitution. Would he cite for me, Mr. DICKS. Mr. Chairman, will the light of day. How can a majority party I thought maybe the Constitution got gentleman yield? which has specialized in strangling leg- changed while I wasn’t looking, so I Mr. VAN HOLLEN. I yield to the gen- islation at its birth complain when we went and read article II, it took about tleman from Washington. don’t think that is a good way to de- a minute and a half, it is a pretty small Mr. DICKS. Mr. Chairman, all of the bate important issues? article. I am glad to see the President articles in the Washington Post that But there is another reason. This is can get paid. It is right there in the talked about this said that it wasn’t, in one that can sustain a veto. The Su- Constitution. some cases. None of us get in trouble preme Court has made it very clear: It But would he cite for me the text of for disclosing that fact. Your amend- will not referee disputes between the the Constitution, article II, which em- ment doesn’t restrict money if it does executive and legislative branches. The powers the President to do this, even if comply with it. only way you can put some restraint Congress tells him not to? Mr. VAN HOLLEN. Mr. Chairman, re- on a President who is acting without I will just add this. With regard to claiming my time, absolutely. If it restraint is by an amendment that says Youngstown Sheet and Tube, as I recall complies with FISA, it is fine. there are limits on what he can do with the analysis, it was there are three sit- Now, what is troubling is the Attor- the money. uations. I will ask for additional time, ney General was asked way back why Now, we have heard selected because I would like to have a col- he didn’t come to Congress to seek quotations from John Jay. Poor old loquy. The President acting alone, the changes to the law to accommodate John Jay hasn’t been mentioned in President acting with Congress, and this program, and he said he considered years. I am glad his spirit has been in- the President acting in contradiction that possibility, but then he didn’t voked. But nobody much cares about to what Congress has said. think Congress would pass it. Well, if John Jay most of the time. The analysis has always been acting that is your conclusion, you don’t get We have had some Supreme Court with Congress, the President is at the to just say, well, I am going to ignore cases cited. Youngstown Sheet and peak of his powers. Acting alone, it is the law and circumvent it. You have to Tube against Sawyer, which restricted unclear. Acting in contravention to work with Congress. the President in a time of war, was not what Congress has said, he is at his What is really troubling is I think all mentioned. weakest. Here, since we have FISA, of us here, if we heard the same infor- Let’s be very clear: History does not this is in contravention to what Con- mation that members of the Intel- dictate the answer. This calls on every gress has told him to do. ligence Committee say they have ac- Member of this House to say what kind So I would now yield to the gen- cess to, would also conclude it may be of Constitution do you want? Do you tleman. Would he begin just by citing a necessary program. But if it is, let’s want one in which the President can the parts of the Constitution that are put it within the confines of the law. have unchecked executive power, not relevant, and then, obviously, he is free That is all this amendment does. just in time of war, but any time? to say what he wishes. Yes, it authorizes electronic surveil- We are in what the President now Mr. DANIEL E. LUNGREN of Cali- lance. We want it to authorize elec- says is a war against terrorism that is fornia. I thank the gentleman for yield- tronic surveillance. But we want to au- unlikely to have an end. So we are not ing. I was speaking of the vesting thorize electronic surveillance within talking about temporary wartime pow- clause in the U.S. Constitution that the confines of existing law, and if ex- ers. We are talking about what kind of gives the President with the executive isting law can’t accommodate that pro- Constitution do you want? powers—— gram, let’s come back here, let’s pass a We have a President who has asserted Mr. FRANK of Massachusetts. Please statute and change it. his right to do whatever he thinks nec- read it. I would ask the gentleman lit- Those who say FISA hasn’t been essary to protect the country, includ- erally to please read it, because I think changed, it is outdated, the fact of the ing, remember, arresting American it doesn’t say what he says it says. matter is we have made eight changes citizens and having them incarcerated Please read it. to FISA since its enactment in 1978. We indefinitely with no chance to present Mr. DANIEL E. LUNGREN of Cali- can make more changes to FISA right a case. The Supreme Court said, whoa, fornia. I don’t have the exact words. now to accommodate this program. that goes a little too far. But this is Mr. FRANK of Massachusetts. I But let’s just make it clear: If you what the President has asserted with would ask, would a page bring me the don’t think you can get a law passed by regard to FISA. Constitution while we are talking? the Congress, you don’t get to choose One gentleman said, well, remember Mr. DANIEL E. LUNGREN of Cali- to ignore it. It is not an a la carte sys- what Griffin Bell said. I will be honest fornia. It is the vesting clause of the tem. Our Constitution is based on the with you, I have found that as a gen- Constitution, vesting in the President

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.128 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4282 CONGRESSIONAL RECORD — HOUSE June 20, 2006 the executive authority, coupled with could then do this anyway in some that the executive power is vested in his authority as Commander in Chief. other fashion? I would yield to him. him simply is a way of putting the Now, let me just say to the gen- Mr. DANIEL E. LUNGREN of Cali- question. The question is, What is the tleman, so we can make it clear, I have fornia. This doesn’t cover all expendi- executive power? never argued that the President has tures of the President under all cir- I yield to the gentleman from Cali- this authority in all things, as some cumstances. This is limited to the fornia. have suggested, to kill people, to do funds that are contained in this bill, as Mr. SCHIFF. I thank the gentleman this, to do that. I have cited authority you know, because it is an appropria- for yielding. I just want to get to one which suggested in the area of gath- tion bill. question that has I think not been an- ering foreign intelligence, which is But could I mention one thing, be- swered to the opposition to this amend- about what we are talking. cause there has been some question ment. And that is, the suggestion is by Secondly, I would just say that the about this. The FISA court of review those who know the program better gentleman is right that we do have the issued an opinion in 2002 which stated: than I do that parts of it don’t meet power of the purse. all the other courts that have decided the requirements of FISA. And my The CHAIRMAN. The time of the the issue held that the President did question is, Why can’t this program be gentleman from Massachusetts (Mr. have inherent authority to conduct authorized by law? Why can’t we FRANK) has expired. warrantless searches to obtain foreign change the law to authorize it? (By unanimous consent, Mr. FRANK of intelligence information. Mr. FRANK of Massachusetts. I will Massachusetts was allowed to proceed Mr. FRANK of Massachusetts. We are answer the gentleman’s question: be- for 2 additional minutes.) beyond that. Look, I do not think the cause the President and his supporters Mr. FRANK of Massachusetts. I yield Constitution, I will be honest with you, do not want to concede that there is to the gentleman from California. I think people decide and then they any limit on his power even if he could pick the—— b 1700 get this done through FISA, and that is Mr. DANIEL E. LUNGREN of Cali- the—— Mr. DANIEL E. LUNGREN of Cali- fornia. Can we talk about—— The CHAIRMAN. The time of the fornia. I don’t argue at all that this is MR. FRANK of Massachusetts. I am gentleman from Massachusetts (Mr. an inappropriate amendment to be con- taking back my time. Let us debate FRANK) has again expired. sidered, because this is the proper exer- the merits. Let us not hide behind—— Mr. FRANK. I ask for an additional cise of our authority to the power of The CHAIRMAN. The time of the minute. the purse. What I have suggested is the gentleman from Massachusetts (Mr. The CHAIRMAN. Is there objection arguments that the President is acting FRANK) has again expired. to the request of the gentleman from illegally or unlawfully are not appro- (By unanimous consent, Mr. FRANK Massachusetts? priate, because he is acting under the was allowed to proceed for 2 additional Mr. YOUNG of Florida. Reserving the Constitution, in my judgment. minutes.) right to object, and I will not object, Mr. FRANK of Massachusetts. I take Mr. FRANK of Massachusetts. I just but we are talking in circles. We are back my time. So the gentleman then want to say, stop hiding behind vary- not even talking about some of the agrees with this point. There is noth- ing degrees of constitutional interpre- main issues that are before us. The ing inappropriate about this amend- tation. By hiding behind them, I mean sponsor of the amendment just admit- ment. So while he believes the Presi- this: I don’t think that people sat and ted that we are talking about an au- dent is within his power to do this, said, oh, geez this is what John Jay thorization. This is an appropriations does the gentleman agree that if this told me and this is what I am bound by. bill. This should be done at an author- amendment is adopted by a majority, I think we are talking here about what ization committee where you all are. the President would be bound by it? we think public policy ought to be. Mr. FRANK of Massachusetts. I Mr. DANIEL E. LUNGREN of Cali- Should the President or should not the thank the gentleman. fornia. He would be bound by it with President have to get a warrant Mr. YOUNG of Florida. Just a respect to the expenditure of funds in through FISA? That is the text of this minute. It is under my reservation. this particular bill. I don’t think there amendment. Let us debate the public Let us bring this to a close. We can is any question about that. policy. repeat our arguments so many times. I Mr. FRANK of Massachusetts. So I yield first to the gentleman from withdraw my reservation. that if he can find, I thank the gen- Washington. The CHAIRMAN. The gentleman tleman and I appreciate that. I take Mr. DICKS. I just want to say to the withdraws his reservation. back my time. The gentleman knows gentleman, I agree with that. I also The gentleman from Massachusetts the rules. The gentleman knows the think that the American Bar Associa- is recognized for 1 minute. rules. He may not know the Constitu- tion looked at this. They came to the Mr. FRANK of Massachusetts. In my tion, but he knows the rules. I take conclusion that the President had to remaining minute, I understand, I will back my time just to say, so we under- comply with the FISA law. say that my good friend from Pennsyl- stand—— Mr. FRANK of Massachusetts. Let vania I think is probably not distressed The CHAIRMAN. The time of the me just say this. Here is the constitu- that we are talking about something gentleman from Massachusetts (Mr. tional text that my friend from Cali- that is not the heart of the bill. But FRANK) has again expired. fornia invoked, and pretty accurately. the fact is, I will close by this, we are (By unanimous consent, Mr. FRANK Good memory the gentleman has. Arti- talking about it here because this is was allowed to proceed for 1 additional cle II, section 1: The executive power the only enforceable way to put re- minute.) shall be vested in a President of the straints on the President. And I will Mr. FRANK of Massachusetts. Let us United States of America, period. tell you why I think it is important. have the common ground. The question Now, he says that gives him the Chaplain Yee at Guantanamo, Burton here, and I think I will accept this, we power. This is circular. Why does the Mayfield in Oregon, Wen Ho Lee under are not debating constitutionality President have the power? Because he the Clinton administration, there are, here; we are debating what public pol- has the executive power. But we are sadly, cases of entirely innocent indi- icy ought to be. The gentleman from precisely here defining for ourselves, as viduals who were prosecuted and gone California agrees it is appropriate for Americans today, what the executive after. us to consider it and agrees that, if it power is and has meant to be. All this I don’t think the President is ill in- passes, the President is bound by it. says is that he has the executive tended here. And I think the law en- Now, I would yield to the gentleman. power. Does the executive power mean forcement people are the good guys; I Are there other places the President he can lock somebody up without a just don’t think they are the perfect can then find this money? Is that what trial as he has said it does? Does the guys. So I want to give them power, the gentleman is saying? If the Presi- executive power mean he can ignore an but I want to subject that to some dent were to be bound by this, would act of Congress and wiretap when he check beforehand and some process the gentleman suggest the President wants to? That is the question. Saying afterwards. And that is what we are

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.129 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4283 saying here. We are fully in favor of the opportunity or will be given the op- American Bar Association and numer- empowering law enforcement, but we portunity when they get new questions ous civil liberties groups support H.R. do not want them to be exclusive in the to have every single one of their ques- 5371. But my further question is, Do exercise of that power. And asking that tions answered. you agree that the entire program they go before a judge to justify it We have a way ahead on our author- should be covered by law? The Presi- when they are going to be wiretapping izing committee. The ranking member dent may have inherent authority to an American seems to us to be reason- has introduced legislation that she do things, but eavesdropping on Ameri- able and to do no harm to America. thinks may address some of the issues. cans in America must be covered by And to repeat my answer to the gen- But we know that FISA and electronic the law that Congress passed. I am not tleman from California: the opponents surveillance is a very, very difficult asking you to agree to that point be- of this amendment are the proponents issue because technology has changed cause you may not, although I feel of the view that the President’s power significantly since FISA was originally strongly about it. But I am asking you should be entirely unchecked, and that developed. And so we are going to move whether you agree that it is the Con- is dangerous. forward, and I am thrilled that within gress that should determine the legal Mr. HOEKSTRA. Mr. Chairman, I the Intelligence Committee we are basis for the President’s actions and move to strike the last word. going to continue a bipartisan way not the White House acting unilater- I thank the Chair, and I appreciate ahead. It doesn’t mean we are going to ally. the discussion and the debate that we agree, but it does mean that we have Mr. HOEKSTRA. Reclaiming my have had on this amendment. I join laid out a process as to what the needs time. I thank the gentlewoman for her with the chairman of the sub- are of the intelligence community to comments. From my perspective, it is committee and the ranking member of keep America safe, what the legal very, very important that Congress the subcommittee in opposing this framework is, and evaluate the changes create the legal framework by which amendment. in technology and the environment so the President exercises his authority. It would jeopardize one of the most that we can do the necessary oversight And the only thing that could overrule critical abilities to detect and prevent and protect and balance civil liberties our legislative box that in our case we terrorist attacks on the United States. with the needs of America’s security. put the intelligence community in In addition, it would interfere with an Ms. HARMAN. Mr. Chairman, will would be the overriding authority of ongoing course of oversight that has the gentleman yield? the Constitution. been conducted on a bipartisan basis by Mr. HOEKSTRA. I yield to the gen- I thank my colleagues. the leadership in the authorizing com- tlewoman from California. Mr. HINCHEY. Mr. Chairman, I move mittee since the inception of this pro- Ms. HARMAN. I appreciate it that to strike the last word. gram. you mentioned bipartisanship and men- Mr. Chairman, I want to thank my It is the day after 9/11 and the Presi- tioned our committee. I had not been colleagues for bringing this issue to the dent has asked NSA, other parts of the planning to speak during this debate. I floor in the form of this amendment intelligence community, the military: have great admiration for the bipar- today. I think that they have done the What is the threat? How do we most ef- tisan sponsors of this amendment. I country a great service. If this House fectively respond? And what is the also agree with their point, which is had been doing its job properly, this that the total program must comply threat to the Nation? And he has asked issue would have been out here on the fully with FISA. But my view is, as the floor of the House of Representatives the intel community and the military chairman has stated, that we should quite some time ago. to come back with various options as deal with this issue in the legislative The fundamental principle that we how best to protect the United States committee. And the reason we should are dealing with here is simply this: we in that time of uncertainty, and the ex- deal with this issue in the legislative are a Nation of law. All of our law is ecutive branch and the various agen- committee is that it is, as everybody based upon the Constitution. There is cies come back with a series of pro- here fully understands, very, very com- nothing in the Constitution that gives posals as to exactly what they believe plicated. A number of us, 50 of us, are the President of the United States the can be done and should be done to keep supporting H.R. 5371, The Listen Act. authority to violate the law. The Presi- America safe. The CHAIRMAN. The time of the dent of the United States has violated The President doesn’t act unilater- gentleman from Michigan (Mr. HOEK- the law. ally; the President acts in a collabo- STRA) has expired. This is not the first administration rative basis. It is not an overreaching (By unanimous consent, Mr. HOEK- that has sought to govern the country of an Executive. STRA was allowed to proceed for 2 addi- on the basis of the creation of a cli- To my colleague from Arizona, if a tional minutes.) mate of fear. As one of our colleagues President of the other party went Ms. HARMAN. I would like to ask pointed out earlier in this debate, that through the same processes that this our chairman: Will you agree that that can be traced all the way back to the President went through and exercised bill and perhaps others will be the sub- Adams administration, the first Adams these authorities would I support that ject of the committee oversight and administration. But that attempt even- President? My answer would be dif- the subject of a legislative hearing in tually was overthrown, and it didn’t ferent than my colleague from Arizona; our committee at a reasonable future take a long time. the answer would be, yes, because the date? process was very straightforward. Four Mr. HOEKSTRA. Reclaiming my b 1715 times within the first 8 months after 9/ time, absolutely. And as we have The last time we had a President of 11, it was a collaborative process be- talked about it, and I appreciate the the United States who wanted to en- tween leaders of this House and the patience of my colleague as we have gage in illegal surveillance on the U.S. Senate who sat down with the ex- worked through the briefings of the en- American people, the last time we had ecutive branch and reviewed this pro- tire committee and as we move for- a President like this one who was en- gram in detail. Do you know what they ward, the legislative hearing on H.R. gaging in that kind of activity, was the said? This is a program that is nec- 5371 and other legislative initiatives Nixon administration. President Nixon essary in a time of uncertainty. We that some of our colleagues are devel- engaged in illegal surveillance on the support this program, and it needs to oping that address both the FISA American people. As a result of that move forward. issues which may apply to the current and other things, he was forced out of We have had some discussions and program but also which will be further office. disagreements as to the extent of the reaching in terms of taking a look at Subsequently the Congress developed number of people that should have been different technology and those type of the Foreign Intelligence Surveillance briefed on the authorizing committee. things as that has evolved is something Act, FISA, in 1978. There are some of us We have worked through that process, that I think we can do on a bipartisan who believe that FISA itself is a com- and now every single person who has basis, and I am committed to doing. promise of the fourth amendment of the desire to be briefed on this program Ms. HARMAN. And if you would yield the Constitution. The fourth amend- is briefed on the program and have had to me again, first, to note that the ment of the Constitution guarantees

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.133 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4284 CONGRESSIONAL RECORD — HOUSE June 20, 2006 independence and privacy to every sin- was enacted, that was enacted to limit This is a good debate because this de- gle American citizen, and there are unbridled Presidential authority. I be- bate has been going on for months and some of us who believe that the FISA lieve FISA is the only way that you months, and this is a horrible, horrible Act compromises that. Nevertheless, it can proceed; that the President must amendment because it ties one hand is the law. go to FISA if he is going to conduct behind our back, and it should be de- So what do we have now? We have a these kind of foreign intelligence ac- feated, and we should vote it soon and President who has gone beyond the tivities. vote it down. Foreign Intelligence Surveillance Act, Mr. HINCHEY. Mr. Chairman, re- Mr. INSLEE. Mr. Chairman, will the who has engaged in illegal surveillance claiming my time, the gentleman is ex- gentleman yield? against the American citizens. actly right. That is the law currently. Mr. WELDON of Florida. I yield to ANNOUNCEMENT BY THE CHAIRMAN Whether that law violates the Con- the gentleman from Washington. The CHAIRMAN. The Chair would di- stitution is an open question. Never- Mr. INSLEE. Mr. Chairman, I appre- ciate your courtesy, and I do think this rect the Member not to refer to the theless, because it has not been con- is an important debate. I appreciate President of the United States in ac- tested, it is the law, and the President, the administration, all of us have to your perspective. cusatory terms. I want to ask you a forthright ques- Mr. HINCHEY. Mr. Chairman, I in- live by that law. tion. Do you understand that under the tend to speak in the way that I believe There is nothing that gives the Presi- scenario you have posed, that you can is appropriate, and I will continue to dent of the United States or anyone in this administration the authority to go over the executive, 72 hours after do so. the event, 72 hours after the event, you The Foreign Intelligence Surveil- engage in surveillance of the American go and get a warrant, you can continue lance Act was set up to ensure that the people, not a single American citizen, your tap, you can get the intelligence, President did not violate the law and outside of the definition requirements within the Foreign Intelligence Sur- 72 hours? Do you understand that is al- go beyond it. This administration has lowed? violated the law. We have not ad- veillance Act. Mr. FRANK of Massachusetts. Mr. Mr. WELDON of Florida. I under- dressed that. The House of Representa- Chairman, will the gentleman yield? stand that I want them to keep listen- tives, the Senate has not addressed this Mr. HINCHEY. I yield to the gen- ing. I want the information, and this is issue. tleman from Massachusetts. what the debate is about. You want to Now we have an opportunity to ad- Mr. FRANK of Massachusetts. Mr. stop. You want go to a judge. I do not dress it by virtue of the fact that we Chairman, the Supreme Court has think we should. have this amendment before us. This is made it very clear it will not referee Mr. INSLEE. Mr. Chairman, if the an important vote today. Every Mem- fundamental constitutional debates gentleman will yield, I want to make ber of this House should act in accord- over power between the executive and sure you understand. I want to make ance with the law and accordance with legislative branches. Only if you got a sure the gentleman understands that the Constitution and vote for this case would this get to the Court, and under this amendment you do not have amendment. they will dodge and duck and never to stop listening to anybody ever. We Mr. SCHIFF. Mr. Chairman, will the allow there to be a case. This is the want to continue listening, and we sim- gentleman yield? only constitutional way to confront it. ply require that 72 hours after that, we Mr. HINCHEY. I yield to the gen- Mr. WELDON of Florida. Mr. Chair- ask the executive to have another set tleman from California. man, I move to strike the last word. of eyeballs take a look at it to make Mr. SCHIFF. Mr. Chairman, I thank This is, I think, a very important de- sure it is compliant. Does the gen- the gentleman for yielding. I will be bate, and I am glad we are having it. I tleman understand this amendment very quick. Two final points in re- think this is an absolutely terrible does not stop anybody ever, as long as sponse to what the chairman and the amendment. The question is really do you go and have a warrant 72 hours ranking member of the Intelligence you believe we are at war or not. The after the intelligence gathering? Do Committee had to say. President has made it very clear. You you understand that is the purpose of First, there is legislation on this sub- have a known al Qaeda operative. our amendment? Because it is. ject, bipartisan legislation, that was Let us go back to World War II. You Mr. DANIEL E. LUNGREN of Cali- introduced on March 16. We have had have got a German or a Japanese fornia. Mr. Chairman, will the gen- no oversight hearing on it, no markup agent, in Germany, in the south Pa- tleman yield? on it, nothing, zero, zilcho, nada, which cific, speaking to various people, and Mr. WELDON of Florida. I yield to is why we are on the appropriations we are listening in. Now, would the the gentleman from California. bill, the only vehicle in which we could American people in World War II, if Mr. DANIEL E. LUNGREN of Cali- raise this issue. they began speaking to somebody in fornia. Mr. Chairman, that begs the Second, both Members have said that the United States or a known Amer- question as to whether or not you can, this amendment would somehow jeop- ican citizen, want the listening device in fact, effectively do that with the 72- ardize an existing NSA program. What put down and go to a judge? That is hour limitation. There are those run- that means is that far from my col- what we are talking about. ning the program that suggest that league from California’s point, that the He is in a cave, he is in Afghanistan, that is not possible, not because nec- program does not comply with FISA. he is in Baghdad, he is talking. Let us essarily the limitation on going to Otherwise, how could it be jeopardized? talk about Israel, okay? Do you think court, but all of the work that needs to So there is an admission by the chair the Mossad, if somebody is speaking go forward before you get to the court of the committee that the existing pro- from Jordan, and there are known ter- to get the approval. That is what we gram does not meet the requirements rorists operatives, and they are speak- ought to be talking about. of FISA. ing to somebody in Israel, they want to Mr. WELDON of Florida. Mr. Chair- What still has gone unanswered is put down the listening device and go in man, reclaiming my time, as I under- why can we not make changes to FISA front of a judge? That is what we are stand it, what you all have laid out is and the existing law? If this is such a talking about. Are we at war, or are we not that easy to do basically; that you vital program, why does it have to be not at war? It is a known al Qaeda op- have to make a case in front of a judge, done outside of the law? erative. and if it is a known al Qaeda operative, Mr. DICKS. Mr. Chairman, will the They are overseas, and suddenly they I think we should be listening to all of gentleman yield? are talking to an American citizen, be their conversations. Mr. HINCHEY. I yield to the gen- it in the United States or elsewhere, Mr. INSLEE. Mr. Chairman, if you tleman from Washington. and it is time to put down and stop lis- will yield just for a moment, I just Mr. DICKS. Mr. Chairman, the major tening and go find a judge and put to- want to make sure members under- point here that the opposition to this gether a brief and get a judge to review stand what we are voting on. makes is the President has inherent it? I believe we are at war, and they If this amendment passes, the Presi- authority. That has not been tested at want to kill us. They want to kill our dent of the United States and his exec- the Supreme Court because once FISA wives. They want to kill our children. utive authority will be able to continue

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.136 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4285 to listen to these conversations posals that will create a framework I think it is also important to know unimpeded, unimpeded, as long as they that hopefully can move out of com- that moving a bill to floor that would go to a judge 72 hours after. mittee, but there will be a legislative deal with this issue, we would probably Mr. WELDON of Florida. Mr. Chair- hearing, yes. not be the only committee of jurisdic- man, reclaiming my time, I think they Ms. HARMAN. Mr. Chairman, re- tion. Other committees would have ju- should be able to do that. If you have a claiming my time, are you prepared risdiction as well. known al Qaeda operative, we should following the legislative hearing or The CHAIRMAN. The time of the be listening to all their conversations. hearings to report a bill to the House gentlewoman from California (Ms. We should be listening to all conversa- floor? Will you personally agree not to HARMAN) has expired. tions from all al Qaeda operatives. block any bill from being reported to (On request of Mr. SCHIFF, and by Ms. HARMAN. Mr. Chairman, I move the House floor? unanimous consent, Ms. HARMAN was to strike the last word. Mr. HOEKSTRA. I will not use my allowed to proceed for 30 additional Mr. Chairman, I rise to engage the position as chairman of the committee seconds.) chairman of the Intelligence Com- to block a consensus of the Intelligence Mr. SCHIFF. Mr. Chairman, will the mittee in a colloquy. Let me just state Committee to move a bill to the floor. gentlewoman yield? before we have this colloquy, my posi- Ms. HARMAN. Mr. Chairman, I want Ms. HARMAN. I yield to the gen- tion is that FISA, as presently drafted, to clarify this for myself and others tleman from California. must cover the entire program. This is who are listening. Mr. SCHIFF. Mr. Chairman, I just my position after being fully briefed on You are prepared to consider this point out to the chair and ranking the program, as the chairman said, and bill, H.R. 5371, which would force this member, I know my bill, and I assume entire program to comply with FISA. being fully briefed by the NSA and the that the gentlewoman’s also, has now Actually much credit for the construct Justice Department about how FISA been referred to both Intel and Judici- of H.R. 5371 does go to Mr. SCHIFF and works. It is my position that FISA can ary, and without a similar commit- Mr. FLAKE. I just want to clarify, and and must cover the full program. Be ment from Judiciary, there is really no then I would like to yield, H.R. 5371 that as it may, I would like to ask the commitment that would come to the says the entire program must comply chairman some questions. floor. with FISA, and we will hold a legisla- As you noted, Mr. Chairman, some of Ms. HARMAN. Mr. Chairman, I wish tive hearing on this bill and other bills, us on the committee and a total of 50 the Judiciary Committee would also the committee will then report legisla- Members of this House have introduced act. Mr. CONYERS is a lead author with tion to the House floor; is that correct? H.R. 5371, the LISTEN Act, which me of the bill I am talking about. But Mr. HOEKSTRA. We will hold a legis- would require that this program be I think it is critical that the Intel- lative hearing, and we will determine brought fully under FISA, and which ligence Committee act because we have whether there is a consensus in the also states that more resources will be the membership that is briefed on the committee that will enable us to move made available to change the way program, and if we report a bill to the a bill that would reform FISA and FISA is implemented so that using House floor for action, I would hope move it to the floor. electronic means, more staff, whatever Ms. HARMAN. Well, our bill, re- that the House would respond to that it takes, there will be a more efficient claiming my time, does not reform promptly. way to get 72-hour emergency war- FISA. It just gives resources to make b 1730 rants. I know you are aware of the con- FISA work. Mr. NADLER. Mr. Chairman, I move tents of our bill. Mr. FRANK of Massachusetts. Mr. My question to you is are you pre- to strike the last word. Chairman, will the gentlewoman yield? Mr. Chairman, I must confess I am a pared to hold a legislative hearing in Ms. HARMAN. I yield to the gen- little ambivalent about this amend- the Intelligence Committee on our bill tleman from Massachusetts. and any other bills that may be pend- Mr. FRANK of Massachusetts. Mr. ment because the amendment seems to ing before our committee that address Chairman, we are further along than say that we should obey the law, and this issue of FISA as it is connected to we were, but the phrase ‘‘consensus,’’ some people might get the implication the NSA program? consensus is nice, but nothing in the if we don’t pass the amendment that Mr. HOEKSTRA. Mr. Chairman, will House rules or the Constitution or the we are free not to obey the law. the gentlewoman yield? writings of John Jay say that it is a The amendment says that ‘‘funds are Ms. HARMAN. I yield to the gen- prerequisite for moving legislation. prohibited from being used to engage in tleman from Michigan. I would hope that the gentleman electronic surveillance in the United Mr. HOEKSTRA. Mr. Chairman, I would say on an issue that we all agree States except as authorized under the thank you for yielding. is important, a bill will come to the Foreign Intelligence Surveillance Act As the gentlewoman knows, we have floor, the majority will decide, but I do or title III.’’ Well, the Foreign Intel- worked through this very much in a not think those of us not on the com- ligence Surveillance Act says that. It collaborative process. We followed on mittee ought to only get an oppor- says that this title and title III shall be the heels of the former chairman and tunity to legislate on this if there is a the exclusive, exclusive, that is the the former ranking member in trying consensus. word used in the law, the exclusive au- to make sure that we do this in a bi- Now, if you are telling us do not do it thority for domestic surveillance, for partisan basis. as an amendment to the appropriations domestic wiretapping. Anything out- We have had a number of briefings on bill, Mr. Chairman, because the bill is side of that is illegal. Anything the ad- this program to fully understand how going to come forward, we need to ministration is doing outside of FISA FISA works both from the NSA, from know that a bill is going to come for- and title III, by the terms of FISA, is Justice and a number of place. It is in- ward, consensus or not, and then the illegal. teresting for those people who are not House can decide what it wants to do. Certainly we should obey the law. I part of the committee, who make cat- Mr. HOEKSTRA. Mr. Chairman, will will vote for this amendment because I egorical statements that nothing has the gentlewoman yield? can’t imagine the House saying we happened, and we know that we have Ms. HARMAN. Mr. Chairman, I yield shouldn’t obey the law, although I hear had a way forward, where we have done to the gentleman from Michigan, and I some of that from the other side. The things. would appreciate it if he would answer fact is that this entire program, insofar But in terms of your simple question, that comment. as it is done outside of FISA or title I just had to take the shot, the oppor- Mr. HOEKSTRA. Mr. Chairman, to III, is by definition illegal because the tunity to respond to just what I my good friend from Massachusetts, law says so, period. thought were some unfair characteriza- consensus means that we have 12 votes Now, I just came from the airport, tions as to what you and I have been to move a bill out of committee. All and I heard a little of the debate, with doing in the committee. right. Consensus does not mean 21 ayes people saying, well, maybe it is too I commit that we will have a legisla- and zero noes. Okay. So thank you for hard to get a warrant. Maybe the work tive hearing on this and other pro- that clarification. that has to go on beforehand is too

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.138 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4286 CONGRESSIONAL RECORD — HOUSE June 20, 2006 hard and takes too long to get a war- No President should have the power Appropriations Subcommittee, the rant, even 72 hours after the surveil- to disobey the law or to set aside the gentleman from Florida. lance begins, which is what FISA says. law when he thinks it necessary. If he Mr. YOUNG of Florida. The gen- Well, if that is the case, let the admin- thinks changing the law is necessary, tleman from Connecticut has made a istration make that case and let us come to Congress, change the law, strong and convincing policy argument amend FISA. enact a change in FISA. I might sup- for building two submarines each year Remember why FISA was passed. port it; I might not. But Congress will sooner than the year 2012, and we have FISA was passed because of tyrannical, work its will. Enact a change in FISA. discussed this off and on for the last illegal conduct by the FBI and by prior Simply to say, as this amendment several weeks. He is very, very persua- administrations that was considered by does, that no funds shall be used except sive. So I can assure him that I will the Congress. After hearings and after in accordance with law, because the continue to work with him as we pre- revelations, they said, my God, we cur- law says no electronic surveillance pare to go to conference and go to con- tailed liberty in this country. We in- shall occur, that is the words, no elec- ference to address the shortage of sub- vaded the liberty of law-abiding, peace- tronic surveillance except as provided marines in our Navy. ful citizens under the cover of law, and in this act or in title III. That is the I am a very strong advocate of our we should never do that again; we are law. That is what this says. If we have submarine capability. I think that is going to enact some safeguards. And any shame at all, we should adopt this one of the best deterrence systems that Congress enacted FISA to be that safe- amendment. we have, one of the best military sys- guard. The CHAIRMAN. The question is on tems, and I appreciate the work of the And to say if you want to do domes- the amendment offered by the gen- gentleman from Connecticut on this tic surveillance, if you think someone tleman from California (Mr. SCHIFF). issue. As I said, we have had many con- is a Communist agent, in those days, or The question was taken; and the versations about this. I know of no bet- an al Qaeda agent today, here is the Chairman announced that the noes ap- ter champion of submarines in the procedure by which you get the author- peared to have it. House than Congressman SIMMONS. ity to wiretap that person. Should a Mr. SCHIFF. Mr. Chairman, I de- But as we have discussed, the 302(b) known al Qaeda agent be wiretapped mand a recorded vote. allocation for this subcommittee was all the time? I would say, yes, but a The CHAIRMAN. Pursuant to clause $4 billion less than the administration court would say, yes, too. In fact, we 6 of rule XVIII, further proceedings on requested, so that made a shortage of provided in that law for a secret court. the amendment offered by the gen- funds. Anyway, Mr. SIMMONS has made You can go get an exparte order on se- tleman from California will be post- a very strong case and I do intend to cret evidence in a secret proceeding, poned. work with him because I also believe and you can even do it after the fact, 72 Mr. SIMMONS. Mr. Chairman, I move that we should have a larger submarine hours. to strike the last work for purposes of fleet. Now, maybe it should be 96 hours or engaging in a colloquy with the distin- I go back to the days of President 5 days. Maybe someone could make a guished gentleman of the sub- Ronald Reagan, who thought we should case for that. Let Congress change the committee. have a 600-ship Navy, which we don’t law for that. But simply to say, the On May 11, the House passed the de- have today, but I supported that as FBI tells us, the administration tells fense authorization bill for fiscal year well. And I certainly support increas- us that obeying the law is too difficult? 2007. As the chairman knows, the bill ing the size of our submarine fleet. So I remember a few years ago hearing includes a funding authorization to I thank the gentleman for raising the ringing phrases from Henry Hyde and a build two Virginia Class submarines issue and doing the good job that he lot of other people about the rule of per year, starting in 2009. Consistent has done in making this case. law. We should impeach a President be- with the Navy’s stated requirement, Mr. SIMMONS. Mr. Chairman, I cause he allegedly violated the rule of the House bill also includes language thank the chairman for his commit- law. And now we come to this floor and requiring the service to maintain a ment and applaud him and the rest of say ignore the law? The administra- submarine fleet of no less than 48 at- the committee for their hard work on tion, if it is too hard, can ignore the tack submarines. this legislation under consideration law? Mr. Chairman, it is clear that the today, and I look forward to working The law says that FISA and title III Navy has a growing shortage of fast at- with him in an appropriate fashion as are the exclusive authority for wire- tack submarines, and I offer for consid- the Congress moves forward with this tapping in the United States, period. eration the following statistics pro- important spending bill. No ifs, ands, or buts. All this amend- vided by the Navy: over the last 5 Mr. BUYER. Mr. Chairman, I move to ment does is repeat it. years, the Navy submarine force last strike the last word. As I said, I am ambivalent about it fulfilled only 60 percent of the mission Mr. Chairman, the issue I bring be- because I don’t know that we should taskings; in 2006, the submarine force fore my colleagues is that we have have to repeat it, but apparently we do. covered only 54 percent of the combat- done a very good job in protecting the So I urge the adoption of this amend- ant commanders’ requests; and most soldiers on the battlefield, and I want ment, and I would remind everybody alarmingly, this year the force has met to compliment Mr. YOUNG and Mr. that to vote against this amendment is only 34 percent of high-priority mis- MURTHA for all you have done. And you to say we are endorsing the violation of sions. have done that to protect them against the law. We don’t care about the rule of I congratulate this distinguished ballistics. So we have given them the law. We endorse the administration’s chairman for his hard work on the de- body armor. They have the side plates, illegal and extraconstitutional action fense appropriations bill under consid- the shoulder plates, throat plate, groin and we are making ourselves complicit eration today. The bill does not include plate, and they have this helmet on in that and there is no protection, be- submarine provisions similar to those them and it protects them against the cause the President now claims the found in the authorization bill, how- ballistic and crash. power to disobey any law under his in- ever; and so I ask the chairman to But we have a problem. The problem herent authority under article II as work toward a conference solution that is now, when these IEDs go off, we have Commander in Chief. includes funding for the advanced pro- blast injuries. Where before you would That is a power even George, III, curement of a second Virginia Class be close to a blast and the body or the didn’t claim, to just disobey the law submarine sometime before 2012. In- torso would absorb part of that blast, when he judges it necessary because of creasing our submarine build rate is now that blast hits all that armor that his being Commander in Chief of the the only solution to a growing force we have put on them, and part of that armed services. He is Commander in level gap. goes up the face where the helmet is Chief of the Armed Services, not of the Mr. YOUNG of Florida. Mr. Chair- strapped onto the chin, and when it United States. He is not Commander in man, will the gentleman yield? goes up into the helmet there is no Chief of the United States. He is not a Mr. SIMMONS. I yield to the very place for the force to be released. So monarch. distinguished chairman of the Defense you get a concussion, and as the force

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.140 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4287 then comes back down you get a Mr. BUYER. I thank the chairman, ium, but I would submit that it is no precussion. So we have traumatic brain and I yield to Mr. MURTHA. way to spend our defense dollars. injuries. Mr. MURTHA. I agree. By voting against this amendment, We need to examine this, and I want Mr. BUYER. I thank the two gentle- you are saying that we place more to work with Mr. YOUNG, with Mr. men and look forward to working with value in the defense bill for funding WELDON, and Mr. MURTHA. We need for you as we go to conference. aquariums than we do in funding de- the Under Secretary of Defense for Ac- AMENDMENT OFFERED BY MR. FLAKE fense. quisition, Technology, and Logistics to Mr. FLAKE. Mr. Chairman, I offer an Now we were trying to find out when conduct a series of comprehensive, non- amendment. we were researching this amendment, ballistic and ballistic tests and an eval- The Clerk read as follows: and we were not told much by the Ap- uation of the Marine Corps light com- Amendment offered by Mr. FLAKE: propriations Committee, so we tried to bat helmet and Army combat helmet At the end of the bill (before the short find out what this is, if it really is Con- with all qualified sling, pad, and sus- title), insert the following: necticut, and I was told today, no, I pension systems available in accord- TITLE X—ADDITIONAL GENERAL think it is in Ohio on Lake Erie. I don’t ance with the operational requirements PROVISIONS know what the aquarium does. I am applicable to such helmets. SEC. 10001. None of the funds made avail- anxious to learn what it does and how Mr. WELDON of Pennsylvania. Mr. able in this Act may be used for the Institute it contributes to defense. Chairman, will the gentleman yield? for Exploration at Mystic Aquarium in New In this process without a unanimous Mr. BUYER. I yield to the gentleman London, Connecticut. consent agreement on this bill, I am from Pennsylvania. Mr. FLAKE. Mr. Chairman, when I unable to ask questions and then speak Mr. WELDON of Pennsylvania. I saw this earmark, which is $1 million later. I hope whoever is sponsoring this thank my colleague for yielding. for research at the environmental cen- legislation or supporting this will Last week, on Thursday, I chaired a ter at Mystic Aquarium, Connecticut, I please tell us how it is more vital to hearing in my subcommittee looking thought I was experiencing deja vu. We fund aquariums in the defense bill than at this very issue with helmets, and we had a similar amendment in the En- funding helmets for our troops, for ex- have a dilemma right now, Mr. Chair- ergy and Water bill just last week, or 2 ample, or anything else the Defense man. weeks ago. Now we are looking at the Department can do. We have all of our Army being out- defense bill, and the only difference is I would ask, please, for the sponsor of fitted with modern helmets thanks to the amount of the earmark. I believe it the amendment or whoever is defend- the good work of the appropriators. was $400,000 then; this defense bill ear- ing it to tell us why we should be fund- 500,000 of these helmets are on order mark is for $1 million. My amendment ing aquariums in the defense bill. and in place with cutting-edge tech- would remove this earmark from the Ms. KAPTUR. Mr. Chairman, I rise in nology inserts that the soldiers are bill. opposition to the amendment and op- very happy with. We have the Marines Now, during our debate a few weeks pose the gentleman’s effort to try to Special Ops units deployed with simi- ago on this subject, we learned that the eliminate the funding for this program. lar helmets with the inserts the Army aquarium has been in operation for Let me first begin by saying that the is using. over 20 years, that it is an educational Supreme Allied Commander of NATO But we have 20,000 marines in the- and research institution with expertise supports this effort as one that is stra- ater, and 6,000 of those marines have in ocean environmental studies and in tegic. Many of us on the committee requested an updated insert that the deep sea exploration. We learned that also support it because it is edu- marines are unwilling to provide. So it provides activities and learning for cational. we have a private nonprofit, headed by boys and girls clubs. All of these are Let me explain to the gentleman that a former Navy surgeon, who has raised worthy activities, certainly. the organizations that will carry out hundreds of thousands of dollars to buy We learned that the world’s foremost the undersea exploration in the Black inserts to give to our soldiers in the- deep sea explorer collocates his oper- Sea and in the eastern Mediterranean ater, including the 6,000 marines. ation at the aquarium. That is Dr. Rob- will do this working under the author- It is a very confusing issue. General ert Ballard, I believe. ity of NATO. There are very pre- Catto last week said, well, we are not eminent scholars who are involved in 1745 going to stop them from using these in- b this, including Mr. Bob Ballard, best serts, but he won’t order them for the What we didn’t learn was why this known for finding the wreckage of the rest of the marines. What this language aquarium gets favorable treatment Titanic. does is it says complete this study over aquariums in Arizona or Massa- The efforts in the Black Sea and the within 60 days and buy immediately chusetts or Kansas. We didn’t learn eastern Mediterranean will be to ex- the helmets and the inserts, especially what enumerated Federal function the plore underwater in a cooperative ef- for the Marine Corps that the marines aquarium fills. We certainly did not fort with our friends in both Ukraine in theater are in fact requesting and learn, and we haven’t learned yet and in Russia. The Government of using. today, and I hope to learn in the next Greece will be involved as well, but the Mr. BUYER. I thank the gentleman 5 minutes, how the aquarium contrib- instrumentalities that you talked for his good work. utes to the most basic and critical about in this country are only loca- Mr. YOUNG of Florida. Mr. Chair- function of defending our country. tions through which some of our tal- man, will the gentleman yield? We just heard a great discussion ented people have been selected and Mr. BUYER. I yield to the gentleman about how we need to free up more will be coupled with those of Ukraine, from Florida. funding for helmets for our military. I Russia and Greece. Mr. YOUNG of Florida. For those of would suggest this is a great place to As you may or may not know, Russia us who have visited our wounded sol- start. It is often said you can’t vote for has a base in Crimea, and as both Rus- diers and marines in the hospitals un- the Flake amendments because the sia and Ukraine move towards NATO, I derstand the importance of the type of money will simply be spent anyway by think it is important for the United injury you are discussing. Sometimes the agency. In this case the agency is States to find ways to work with them it is very obvious, very evident, and the Department of Defense, and I think together so we can achieve a very pro- sometimes it is not obvious at all, but it would be hard to believe that they gressive maturation and a set of rela- it is there. could make a case for a program less tionships that include underwater ex- I believe we can help with what you wise than this on their own, that they ploration in which everyone feels they want to do here. I believe as we write have something that fitters away more have a stake. our conference report that will come dollars than spending on an aquarium. One of the side benefits of this par- with the conference product. I think we I like the Boys and Girls Club, but ticular effort, so you know, is that can direct what it is that you want to they aren’t fighting for us and defend- there will be educational programs re- see directed, and I am prepared to offer ing our country. Maybe they have pro- lating to math and science. This par- that as we go into the conference. grams that benefit them at this aquar- ticular scientific endeavor will be

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.143 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4288 CONGRESSIONAL RECORD — HOUSE June 20, 2006 broadcast through a live network of ties also mirror his activities as a to ‘‘inspire in students a lifelong pas- museums, science centers, Boys and naval officer, and is involved in very sion for learning in science, math and Girls Clubs, and aquariums, perhaps interesting and sensitive research in technology through hands-on, real- the one the gentleman mentioned. the subsurface. world scientific discovery.’’ That is a There are literally hundreds of them, I would say to my colleague from Ar- wonderful mission. I am glad kids are including Department of Defense izona, the Department of Defense does getting the opportunity, but we schools in all of the NATO countries. engage in funding for academic re- shouldn’t be funding it in the defense So there is also a benefit for education. search. The investment in this program bill. One of the goals is to take and broad- is very consistent with that, and I feel Dr. Robert Ballard has already been cast through Ukraine and Russia so we that perhaps in another venue or an- referenced here. He is the world’s fore- work on this together. There is actu- other time we could make a very de- most ocean archeologist, and is its ally a term that they use, I might not tailed explanation as to why this is im- founder. They have good leadership. have it exactly right, but it is like an portant to our country. This is the same Dr. Ballard who collo- instantaneous televideo connect where Ms. KAPTUR. Mr. Chairman, I just cates his ocean exploration operations as they film underwater and begin to wanted to mention to the gentleman out of the Mystic Aquarium, the recipi- identify various undersea artifacts and from Arizona that some of the fol- ent of $1.4 million in earmarks so far conditions, and the oceanographers and lowing school districts in your State this year. the scientists involved will make this will benefit directly, including the With corporate sponsorship and sup- information available globally. Mesa Unified School District, and port from the likes of Oracle, Sun So the Institute for Exploration schools in Phoenix, Tucson, Scottsdale, Microsystems, EDS, Shell, and Texas Project is designed not only to help our Glendale, Yuma, Prescott and the Ari- Instruments, the JASON Foundation strategic relationships in the region, zona Science Center in Phoenix is also has very good backing. However, this but it has a benefit for children across involved in the dissemination of mate- earmark raises questions that apply to the world. And by working on a project rials. too many other earmarks: Why is it in focused on exploration of the maritime The CHAIRMAN. The time of the the defense bill? Should it receive any conditions in those locations, we en- gentlewoman from Ohio has expired. earmark funding at all? Who requested gage strategically with countries (By unanimous consent, Mr. FLAKE it? We don’t know. I to this moment do where we need to develop friendships was allowed to proceed for 15 addi- not know who requested this earmark. and a common agenda without engag- tional seconds.) I am hoping the author will come and ing in any kind of overt military activ- Mr. FLAKE. Mr. Chairman, the gen- say. Has there been a hearing on the ity. That is a bit of an explanation. tlewoman mentioned school districts in subject? What essential Federal pur- Mr. Chairman, I yield to the gen- my State that would benefit. I would pose does this serve; and doubly, what tleman from Connecticut (Mr. SIM- say again, this is the exact point we defense purpose does this earmark MONS), who has been such a great col- are making. This is not the Labor-HHS serve? league in helping the Ukrainian Caucus bill. This is the defense bill, for crying I think the mission of the JASON move this project forward. out loud. We are trying to fund our de- Foundation is noble, but the fact that Mr. SIMMONS. Mr. Chairman, I fense, and we are bleeding off dollars to we are funding it this way with this ve- thank the gentlewoman for yielding, aquariums. This is the wrong place to hicle without real transparency is very and I also rise in opposition to the have this debate. It should be on disconcerting. This is not the Labor- amendment. Labor-HHS. HHS-Education bill. And frankly, given If the logic of the amendment is to be The CHAIRMAN. The question is on a lack of transparency and many prob- understood, the Department of Defense the amendment offered by the gen- lems that the current earmarking proc- should not engage in any funding of tleman from Arizona (Mr. FLAKE). ess presents, I don’t think that it be- academic research. I think we know The question was taken; and the longs in that bill either when we have that the Department of Defense ex- Chairman announced that the noes ap- a situation where I still to this mo- pends incredible dollars on academic peared to have it. ment have no idea who authored this research, especially applied research, Mr. FLAKE. Mr. Chairman, I demand earmark or what else it is supposed to that has application to some of their a recorded vote. do. All I know is what I have read, and varied missions. The CHAIRMAN. Pursuant to clause yet we are being asked to approve a The United States since World War II 6 of rule XVIII, further proceedings on million dollars for it. has enjoyed subsurface dominance. the amendment offered by the gen- This is the only oversight this ear- Just a few minutes ago we talked tleman from Arizona will be postponed. mark will likely ever get. There is vir- about the issue of our submarines and AMENDMENT OFFERED BY MR. FLAKE tually no oversight after this. The our Submarine Center of Excellence in Mr. FLAKE. Mr. Chairman, I offer an agencies don’t know about these ear- Groton-New London. Well, that Sub- amendment. marks. Most of the time they can’t tell marine Center of Excellence in Groton- The Clerk read as follows: us what the earmark is for. And if we New London is collocated with the In- Amendment offered by Mr. FLAKE: don’t ask these questions here on the stitute for Exploration. We are not At the end of the bill (before the short House floor, they simply don’t get talking about funding for fish food and title), insert the following: asked. I am anxious to hear answers to cleaning the tanks. My colleague from TITLE X—ADDITIONAL GENERAL the questions that have been asked: Arizona keeps saying it is an aquarium PROVISIONS Why is it in the defense bill? Who re- as if we have goldfish in this place, or SEC. 10001. None of the funds made avail- quested it? Has there been a hearing on something like that. That is to able in this Act may be used for the JASON the subject? Is there a Federal purpose? trivialize some of the activities that Foundation. And is there a purpose for it in the de- take place there. Mr. FLAKE. Mr. Chairman, I put this fense bill? I can’t ask that question too The CHAIRMAN. The time of the next one after the last one because many times: Why are we funding this gentlewoman from Ohio (Ms. KAPTUR) they kind of are similar. Again, the ar- in the defense bill? has expired. gument has to be why aren’t we debat- Mr. LEWIS of California. Mr. Chair- (On request of Mr. SIMMONS, and by ing this in the Labor-HHS bill? If we man, I rise to oppose the amendment unanimous consent, Ms. KAPTUR was are debating it at all, it should be de- and to try to answer the gentleman’s allowed to proceed for 1 additional bated in the Labor-HHS. very appropriate questions. minute.) This earmark that we are seeking to I will speak to both of the amend- Ms. KAPTUR. Mr. Chairman, I con- strike is $1 million for the JASON Edu- ments that he might have in mind, the tinue to yield to the gentleman from cation Foundation in Ashburn, Vir- Tech Center in Apple Valley, Cali- Connecticut. ginia. Again, it seems like something fornia, and the JASON Foundation pro- Mr. SIMMONS. That is to trivialize that ought to be in the Labor-HHS bill. gram, for it speaks very much to why the fact that Dr. Robert Ballard, a The mission of the JASON Foundation, this kind of funding should flow Navy officer, whose exploration activi- and this is from their own Website, is through the Defense Department. If

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.146 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4289 there is a need that this country has about the benefits to students from military on the amendment offered by the gen- today as it relates to our future secu- families from access to the JASON science tleman from California (Mr. SCHIFF) on rity and national defense, it is to one education program. which further proceedings were post- way or another here at the Federal Since 1993, this non-profit subsidiary of the poned and on which the noes prevailed level, where we can impact education, National Geographic Society has provided ad- by voice vote. it is to begin to turn around the in- vanced science and mathematics training to The Clerk will redesignate the volvement of young people as well as DoD teachers and students. Because of the amendment. excellent teachers in the fields of math funding provided in past Defense Appropria- The Clerk redesignated the amend- and science. tions bills, many DoD teachers have had the ment. opportunity to attend extended hands-on Without any question, our future via- RECORDED VOTE science training sessions with experts from bility in terms of security does relate The CHAIRMAN. A recorded vote has NASA, NOAA and many major universities. to America leading in these fields. The been demanded. JASON Foundation is very much in- As my colleagues are well aware, we are A recorded vote was ordered. volved in that question; but most im- facing a science education crisis in the United The vote was taken by electronic de- portantly, I would like to highlight States. Within the next five years, some 70 vice, and there were—ayes 207, noes 219, that by describing the Tech Center in percent of current advanced math and science not voting 6, as follows: Apple Valley, California, and give you teachers will be able to retire. More and more a feeling for what we are talking about of the science and math students in our top [Roll No. 295] as far as turning kids on to math and universities are immigrants, with fewer and AYES—207 science and stimulating teachers to be- fewer students from our nation’s public Abercrombie Green, Gene Oberstar come better teachers in the fields of schools each year. Ackerman Grijalva Obey Allen Gutierrez math and science. Independent analysis shows that teachers Olver who have the opportunity to attend the JASON Andrews Hastings (FL) Ortiz A young teacher dealing with kids at Baca Herseth seminars are much better prepared to lead Otter the elementary level took them out in Baird Higgins Owens the countryside in the nighttime in the their students into an understanding of science Baldwin Hinchey Pallone Bartlett (MD) Hinojosa desert. You and I know it gets cold in and math, and to get their kids enthusiastic Pascrell about making a career out of these subjects. Bass Holden Pastor the desert, and they looked at the Bean Holt These seminars are highly recommended by Paul stars. When it started getting cold, he Becerra Honda Payne Berkley Hooley the National Science Teachers Association. Pelosi thought, we need a center where kids Berman Hostettler Schools that serve our nation’s military fami- Peterson (MN) can study these things. Berry Hoyer Pomeroy lies are increasing ranked among the best, Bishop (GA) Inslee Price (NC) b 1800 and one of the chief reasons for that is their Bishop (NY) Israel Rahall Blumenauer Istook It led to this high-tech center. Amaz- affiliation with enrichment programs like the Rangel JASON project. Our responsibility lies not only Boren Jackson (IL) ing over time what has evolved from Boucher Jackson-Lee Reyes that model that one day may very well with providing weapons and training to those Boyd (TX) Ross turn around the teaching of math and who would defend our nation. We must also Brady (PA) Jefferson Rothman make we give the very best opportunities and Brown (OH) Johnson (IL) Roybal-Allard science in the country. No less than Brown, Corrine Johnson, E. B. Rush Dan Goldin visited this school, and benefits to their families, who are also making Butterfield Jones (NC) Ryan (OH) walking into a classroom with me. a sacrifice in defense of America. Capps Jones (OH) Sabo Here were about 30 youngsters around Mr. Chairman, this is a modest amount of Capuano Kanjorski Salazar money to invest in bringing better science and Cardin Kaptur Sa´ nchez, Linda the room at computers. The unique Cardoza Kennedy (RI) T. thing about this was not just that. But mathematics education to our military families. Carnahan Kildee Sanchez, Loretta these were third grade youngsters who Our nation needs that training, and these fami- Carson Kilpatrick (MI) Sanders happened to be handicapped, and they lies deserve it. Case Kind Schakowsky The CHAIRMAN. The question is on Chandler Kucinich Schiff were using their computers to develop the amendment offered by the gen- Clay Langevin Schwartz (PA) lesson plans for their colleagues in the Cleaver Lantos Scott (GA) tleman from Arizona (Mr. FLAKE). third grade in Philadelphia. Conyers Larsen (WA) Scott (VA) The question was taken; and the Cooper Larson (CT) And Goldin’s eyes got big as he exam- Serrano Chairman announced that the noes ap- Costa LaTourette Shays ined some of the ideas coming from Costello Leach Sherman peared to have it. Crowley Lee this high-tech center as to how to turn Mr. FLAKE. Mr. Chairman, I demand Simmons kids on. Over time he saw that this was Cuellar Levin Slaughter a recorded vote. Cummings Lewis (GA) Smith (WA) perhaps the first chapter of the book The CHAIRMAN. Pursuant to clause Davis (AL) Lipinski Solis that must be written that will change 6 of rule XVIII, further proceedings on Davis (CA) Lofgren, Zoe Stark Davis (IL) Lowey the way we teach math and science in the amendment offered by the gen- Strickland the country. Dan Goldin eventually, Davis, Tom Lynch Stupak tleman from Arizona will be postponed. DeFazio Mack Tanner with this young guy, became convinced SEQUENTIAL VOTES POSTPONED IN COMMITTEE DeGette Maloney Tauscher Delahunt Markey that he ought to gift him the first an- OF THE WHOLE Taylor (MS) DeLauro Marshall tenna that brought men back from the Thompson (CA) The CHAIRMAN. Pursuant to clause Dicks Matsui Thompson (MS) Moon. And as a result of that gift, that Dingell McCarthy 6 of rule XVIII, proceedings will now Tierney Doggett McCollum (MN) school and its teaching model is cur- resume on those amendments on which Towns Doyle McDermott rently across the country teaching kids Udall (CO) further proceedings were postponed, in Duncan McGovern to use the Internet by way of using this the following order: Emanuel McIntyre Udall (NM) Upton antenna. Now, tens of thousands of Amendment by Mr. SCHIFF of Cali- Engel McKinney Eshoo McNulty Van Hollen youngsters in school districts all over fornia. Vela´ zquez the country and in four foreign coun- Etheridge Meehan Amendment No. 1 by Mr. KING of Farr Meek (FL) Visclosky tries are participating in this effort to Iowa. Fattah Meeks (NY) Wamp turn around the way math and science Amendment by Mr. CHOCOLA of Indi- Feeney Michaud Wasserman is taught, the way teachers are turned ana. Filner Millender- Schultz Flake Waters Amendment by Mr. FLAKE of Arizona McDonald on, and the way kids are turned on to Ford Miller (NC) Watson the fields of math and science. regarding the Mystic Aquarium. Frank (MA) Miller, George Watt If we are going to lead the world in Amendment by Mr. FLAKE of Arizona Garrett (NJ) Moore (KS) Waxman the future and have the security for regarding the JASON Foundation. Gilchrest Moore (WI) Weiner Gillmor Moran (KS) Wexler the world for peace we need, we must The Chair will reduce to 2 minutes Gonzalez Moran (VA) Woolsey get back in the business of math and the time for any electronic vote after Gordon Nadler Wu science, and this chapter will be a piece the first vote in this series. Green, Al Neal (MA) Wynn of the book that will be written. AMENDMENT OFFERED BY MR. SCHIFF NOES—219 Mr. Chairman, I want to thank the gen- The CHAIRMAN. The pending busi- Aderholt Alexander Baker tleman for the chance to tell my colleagues ness is the demand for a recorded vote Akin Bachus Barrett (SC)

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.150 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4290 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Barrow Goodlatte Pearce tleman from Iowa (Mr. KING) on which Issa Millender- Sanders Barton (TX) Granger Pence further proceedings were postponed and Istook McDonald Saxton Beauprez Graves Peterson (PA) Jackson (IL) Miller (NC) Schakowsky Biggert Green (WI) Petri on which the noes prevailed by voice Jackson-Lee Miller, Gary Schiff Bilbray Gutknecht Pickering vote. (TX) Miller, George Schmidt Bilirakis Hall Pitts The Clerk will redesignate the Jefferson Mollohan Schwartz (PA) Bishop (UT) Harman Scott (GA) Platts amendment. Jenkins Moore (KS) Blackburn Harris Poe Jindal Moore (WI) Scott (VA) Blunt Hart Pombo The Clerk redesignated the amend- Johnson (CT) Moran (KS) Sensenbrenner Boehlert Hastings (WA) Porter ment. Johnson (IL) Moran (VA) Serrano Boehner Hayes Price (GA) Johnson, E. B. Murphy Shaw RECORDED VOTE Bonilla Hayworth Pryce (OH) Jones (NC) Murtha Shays Bonner Hefley Putnam The CHAIRMAN. A recorded vote has Jones (OH) Musgrave Sherman Bono Hensarling Radanovich been demanded. Kanjorski Nadler Sherwood Boozman Herger Ramstad Kaptur Neal (MA) Shimkus Boswell Hobson A recorded vote was ordered. Simmons Regula Keller Ney Boustany Hoekstra Simpson Rehberg The CHAIRMAN. This will be a 2- Kelly Northup Bradley (NH) Hulshof Skelton Reichert minute vote. Kennedy (RI) Nunes Brady (TX) Hyde Slaughter Renzi Kildee Oberstar Brown (SC) Inglis (SC) The vote was taken by electronic de- Smith (NJ) Reynolds Kilpatrick (MI) Obey Brown-Waite, Issa Rogers (AL) vice, and there were—ayes 50, noes 376, Olver Smith (WA) Ginny Jenkins Kind Snyder Rogers (KY) not voting 6, as follows: King (NY) Ortiz Burgess Jindal Rogers (MI) Osborne Sodrel Burton (IN) Johnson (CT) [Roll No. 296] Kingston Solis Rohrabacher Kirk Otter Buyer Johnson, Sam Ros-Lehtinen AYES—50 Owens Spratt Calvert Keller Knollenberg Stark Royce Barrett (SC) Gohmert Neugebauer Oxley Camp (MI) Kelly Kolbe Stearns Ruppersberger Barrow Green (WI) Norwood Pallone Campbell (CA) Kennedy (MN) Kucinich Strickland Ryan (WI) Beauprez Hyde Pearce Pascrell Cantor King (IA) Kuhl (NY) Stupak Ryun (KS) Bishop (UT) Johnson, Sam Pitts Pastor Capito King (NY) LaHood Sullivan Saxton Blackburn Kennedy (MN) Poe Paul Carter Kingston Langevin Sweeney Schmidt Boren King (IA) Price (GA) Payne Castle Kirk Lantos Tancredo Schwarz (MI) Brady (TX) Kline Ryan (WI) Pelosi Chabot Kline Larsen (WA) Tanner Sensenbrenner Burgess Lewis (KY) Schwarz (MI) Pence Chocola Knollenberg Larson (CT) Tauscher Sessions Cole (OK) Linder Sessions Peterson (MN) Clyburn Kolbe Latham Taylor (MS) Shadegg Davis (KY) Lucas Shadegg Peterson (PA) Coble Kuhl (NY) LaTourette Taylor (NC) Shaw Deal (GA) Lungren, Daniel Shuster Petri Cole (OK) LaHood Leach Terry Sherwood Drake E. Smith (TX) Pickering Conaway Latham Lee Thomas Shimkus Feeney Marshall Souder Platts Cramer Lewis (CA) Levin Thompson (CA) Shuster Fortenberry McHenry Thornberry Pombo Crenshaw Lewis (KY) Lewis (CA) Thompson (MS) Simpson Foxx Miller (FL) Tiahrt Pomeroy Cubin Linder Lewis (GA) Tiberi Skelton Franks (AZ) Miller (MI) Westmoreland Porter Culberson LoBiondo Lipinski Tierney Smith (NJ) Gingrey Myrick Wilson (SC) Price (NC) Davis (KY) Lucas LoBiondo Towns Davis (TN) Lungren, Daniel Smith (TX) Pryce (OH) Turner Snyder NOES—376 Lofgren, Zoe Putnam Davis, Jo Ann E. Lowey Udall (CO) Sodrel Abercrombie Cardoza Fattah Radanovich Deal (GA) Manzullo Lynch Udall (NM) Dent Marchant Souder Ackerman Carnahan Ferguson Rahall Upton Spratt Aderholt Carson Filner Mack Ramstad Diaz-Balart, L. Matheson Maloney Van Hollen Stearns Akin Carter Fitzpatrick (PA) Rangel ´ Diaz-Balart, M. McCaul (TX) Manzullo Velazquez Doolittle McCotter Sullivan Alexander Case Flake Regula Visclosky Sweeney Allen Castle Foley Marchant Rehberg Drake McCrery Markey Walden (OR) Dreier McHenry Tancredo Andrews Chabot Forbes Reichert Walsh Matheson Edwards McHugh Taylor (NC) Baca Chandler Ford Renzi Wamp Matsui Ehlers McKeon Terry Bachus Chocola Fossella Reyes Wasserman McCarthy Emerson McMorris Thomas Baird Clay Frank (MA) Reynolds Schultz McCaul (TX) English (PA) Melancon Thornberry Baker Cleaver Frelinghuysen Rogers (AL) Waters McCollum (MN) Everett Mica Tiahrt Baldwin Clyburn Gallegly Rogers (KY) Watson Ferguson Miller (FL) Tiberi Bartlett (MD) Coble Garrett (NJ) McCotter Rogers (MI) Watt Fitzpatrick (PA) Miller (MI) Turner Barton (TX) Conaway Gerlach McCrery Rohrabacher Waxman Foley Miller, Gary Walden (OR) Bass Conyers Gibbons McDermott Ros-Lehtinen Weiner Forbes Mollohan Walsh Bean Cooper Gilchrest McGovern Ross Weldon (FL) Fortenberry Murphy Weldon (FL) Becerra Costa Gillmor McHugh Rothman Weldon (PA) Fossella Murtha Weldon (PA) Berkley Costello Gonzalez McIntyre Roybal-Allard Weller Foxx Musgrave Weller Berman Cramer Goode McKeon Royce Wexler Franks (AZ) Myrick Westmoreland Berry Crenshaw Goodlatte McKinney Ruppersberger Whitfield Frelinghuysen Neugebauer Whitfield Biggert Crowley Gordon McMorris Rush Wicker Gallegly Ney Wicker Bilbray Cubin Granger McNulty Ryan (OH) Wilson (NM) Gerlach Northup Wilson (NM) Bilirakis Cuellar Graves Meehan Ryun (KS) Wolf Gibbons Norwood Wilson (SC) Bishop (GA) Culberson Green, Al Meek (FL) Sabo Woolsey Gingrey Nunes Wolf Bishop (NY) Cummings Green, Gene Meeks (NY) Salazar Wu Gohmert Osborne Young (AK) Blumenauer Davis (AL) Grijalva Melancon Sa´ nchez, Linda Wynn Goode Oxley Young (FL) Blunt Davis (CA) Gutierrez Mica T. Young (AK) Boehlert Davis (IL) Gutknecht Michaud Sanchez, Loretta Young (FL) NOT VOTING—6 Boehner Davis (TN) Hall Cannon Evans Napolitano Bonilla Davis, Jo Ann Harman NOT VOTING—6 Davis (FL) Hunter Nussle Bonner Davis, Tom Harris Cannon Evans Napolitano Bono DeFazio Hart Davis (FL) Hunter Nussle b 1827 Boozman DeGette Hastings (FL) Boswell Delahunt Hastings (WA) ANNOUNCEMENT BY THE CHAIRMAN Messrs. SULLIVAN, MCCAUL of Boucher DeLauro Hayes Texas, BONILLA, HOBSON, NEY, Boustany Dent Hayworth The CHAIRMAN (during the vote). SOUDER, GOHMERT, and EHLERS Boyd Diaz-Balart, L. Hefley Members are advised there is 1 minute Bradley (NH) Diaz-Balart, M. Hensarling remaining in this vote. changed their vote from ‘‘aye’’ to ‘‘no.’’ Brady (PA) Dicks Herger Messrs. GORDON, BISHOP of Geor- Brown (OH) Dingell Herseth b 1832 gia, Ms. KAPTUR, Messrs. BERRY, Brown (SC) Doggett Higgins COOPER, WAMP, ROSS, REYES, Brown, Corrine Doolittle Hinchey So the amendment was rejected. SALAZAR, and SHAYS changed their Brown-Waite, Doyle Hinojosa The result of the vote was announced Ginny Dreier Hobson as above recorded. vote from ‘‘no’’ to ‘‘aye.’’ Burton (IN) Duncan Hoekstra So the amendment was rejected. Butterfield Edwards Holden AMENDMENT OFFERED BY MR. CHOCOLA The result of the vote was announced Buyer Ehlers Holt The CHAIRMAN. The pending busi- Calvert Emanuel Honda as above recorded. Camp (MI) Emerson Hooley ness is the demand for a recorded vote AMENDMENT NO. 1 OFFERED BY MR. KING OF Campbell (CA) Engel Hostettler on the amendment offered by the gen- IOWA Cantor English (PA) Hoyer tleman from Indiana (Mr. CHOCOLA) on The CHAIRMAN. The pending busi- Capito Eshoo Hulshof which further proceedings were post- Capps Etheridge Inglis (SC) ness is the demand for a recorded vote Capuano Everett Inslee poned and on which the noes prevailed on the amendment offered by the gen- Cardin Farr Israel by voice vote.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.050 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4291 The Clerk will redesignate the Forbes Maloney Ryan (OH) on which the noes prevailed by voice amendment. Ford Manzullo Sabo vote. Frank (MA) Marchant Salazar The Clerk redesignated the amend- Frelinghuysen Markey Sa´ nchez, Linda The Clerk will redesignate the ment. Gallegly Marshall T. amendment. Gibbons McCarthy Sanchez, Loretta RECORDED VOTE The Clerk redesignated the amend- Gilchrest McDermott Sanders The CHAIRMAN. A recorded vote has Gonzalez McGovern Saxton ment. been demanded. Goode McHugh Schiff RECORDED VOTE Gordon McIntyre A recorded vote was ordered. Schwartz (PA) The CHAIRMAN. A recorded vote has Granger McKeon Schwarz (MI) Green, Al McMorris The CHAIRMAN. This will be a 2- Scott (GA) been demanded. Green, Gene McNulty minute vote. Scott (VA) A recorded vote was ordered. Grijalva Meehan Serrano The vote was taken by electronic de- Gutierrez Meek (FL) The CHAIRMAN. This will be a 2- Shaw vice, and there were—ayes 141, noes 285, Hall Meeks (NY) minute vote. Shays not voting 6, as follows: Harman Melancon The vote was taken by electronic de- Hastings (FL) Mica Sherman [Roll No. 297] Hastings (WA) Michaud Sherwood vice, and there were—ayes 77, noes 347, AYES—141 Hayes Millender- Simmons answered ‘‘present’’ 1, not voting 7, as Herger McDonald Simpson Baird Gillmor Miller, George follows: Herseth Miller (NC) Skelton Barrett (SC) Gingrey Moran (KS) Higgins Mollohan Slaughter [Roll No. 298] Barrow Gohmert Murphy Hinchey Moore (KS) Smith (NJ) Barton (TX) Goodlatte AYES—77 Musgrave Hinojosa Moore (WI) Sodrel Bean Graves Andrews Gutknecht Otter Myrick Hobson Moran (VA) Solis Beauprez Green (WI) Barrett (SC) Harris Neugebauer Holden Murtha Spratt Paul Berkley Gutknecht Bass Hayworth Ney Holt Nadler Stark Pence Berry Harris Bean Hefley Norwood Honda Neal (MA) Stupak Petri Biggert Hart Beauprez Hensarling Otter Hoyer Northup Sweeney Pitts Bilbray Hayworth Bilbray Holt Paul Hyde Nunes Tanner Platts Blackburn Hefley Bilirakis Inglis (SC) Pearce Israel Oberstar Tauscher Poe Blumenauer Hensarling Blackburn Israel Pence Issa Obey Taylor (MS) Price (GA) Boehner Hoekstra Bradley (NH) Istook Petri Jackson (IL) Olver Taylor (NC) Ramstad Boren Hooley Brown-Waite, Jindal Pitts Jackson-Lee Ortiz Rohrabacher Boswell Hostettler Terry Ginny Johnson (IL) Platts (TX) Osborne Ryan (WI) Boyd Hulshof Thomas Chabot Johnson, Sam Poe Jefferson Owens Brown-Waite, Inglis (SC) Thompson (MS) Chocola Jones (NC) Sensenbrenner Price (GA) Johnson (CT) Oxley Ginny Inslee Thornberry Cooper Keller Sessions Ramstad Johnson, E. B. Pallone Camp (MI) Istook Tiahrt Davis (KY) Kennedy (MN) Shadegg Rogers (MI) Jones (OH) Pascrell Campbell (CA) Jenkins Tierney Davis (TN) King (IA) Slaughter Rohrabacher Kaptur Pastor Castle Jindal Towns Deal (GA) Linder Souder Keller Payne Chabot Johnson (IL) Ross Turner DeFazio Lungren, Daniel Stearns Kennedy (RI) Pelosi Chandler Johnson, Sam Royce Udall (CO) Duncan E. Tancredo Kildee Peterson (MN) Chocola Jones (NC) Ryan (WI) Udall (NM) Feeney Marshall Taylor (MS) Kilpatrick (MI) Peterson (PA) Clay Kanjorski Ryun (KS) Van Hollen Flake Matheson Kind Pickering Terry Cleaver Kelly Schakowsky Vela´ zquez Ford Miller (FL) King (NY) Pombo Thornberry Coble Kennedy (MN) Schmidt Visclosky Fossella Moore (KS) Kingston Pomeroy Udall (CO) Cole (OK) King (IA) Sensenbrenner Walsh Franks (AZ) Musgrave Kirk Porter Udall (NM) Conaway Kucinich Sessions Wamp Garrett (NJ) Myrick Kline Price (NC) Waxman Cooper Larsen (WA) Shadegg Wasserman Gibbons Neugebauer Knollenberg Pryce (OH) Westmoreland Cuellar Leach Shimkus Schultz Green (WI) Norwood Kolbe Putnam Davis (KY) Linder Shuster Kuhl (NY) Radanovich Waters Davis (TN) Lipinski Smith (TX) NOES—347 LaHood Rahall Watson Deal (GA) Lofgren, Zoe Smith (WA) Langevin Rangel Watt Abercrombie Campbell (CA) Dreier Dent Lungren, Daniel Snyder Lantos Regula Weldon (FL) Ackerman Cantor Edwards Duncan E. Souder Larson (CT) Rehberg Weldon (PA) Aderholt Capito Ehlers Ehlers Mack Stearns Latham Reichert Wexler Akin Capps Emanuel English (PA) Matheson Strickland LaTourette Renzi Whitfield Alexander Capuano Emerson Eshoo Matsui Sullivan Lee Reyes Wicker Allen Cardin Engel Feeney McCaul (TX) Tancredo Levin Reynolds Wilson (NM) Baca Cardoza English (PA) Ferguson McCollum (MN) Thompson (CA) Lewis (CA) Rogers (AL) Wilson (SC) Bachus Carnahan Eshoo Flake McCotter Tiberi Lewis (GA) Rogers (KY) Wolf Baird Carson Etheridge Fortenberry McCrery Upton Lewis (KY) Ros-Lehtinen Woolsey Baker Carter Everett Fossella McHenry Walden (OR) LoBiondo Rothman Wu Baldwin Case Farr Foxx McKinney Waxman Lowey Roybal-Allard Wynn Barrow Castle Fattah Franks (AZ) Miller (FL) Weiner Lucas Ruppersberger Young (AK) Bartlett (MD) Chandler Ferguson Garrett (NJ) Miller (MI) Weller Lynch Rush Young (FL) Barton (TX) Clay Filner Gerlach Miller, Gary Westmoreland Becerra Cleaver Fitzpatrick (PA) NOT VOTING—6 Berkley Clyburn Foley NOES—285 Cannon Evans Napolitano Berman Coble Forbes Abercrombie Brady (TX) Davis (AL) Davis (FL) Hunter Nussle Berry Cole (OK) Fortenberry Ackerman Brown (OH) Davis (CA) Biggert Conaway Foxx Aderholt Brown (SC) Davis (IL) ANNOUNCEMENT BY THE CHAIRMAN Bishop (GA) Conyers Frank (MA) Akin Brown, Corrine Davis, Jo Ann Bishop (NY) Costa Frelinghuysen Alexander Burgess Davis, Tom The CHAIRMAN (during the vote). Bishop (UT) Costello Gallegly Allen Burton (IN) DeFazio Members are advised 1 minute remains Blumenauer Cramer Gerlach Andrews Butterfield DeGette in this vote. Blunt Crenshaw Gilchrest Baca Buyer Delahunt Boehlert Crowley Gillmor Bachus Calvert DeLauro b 1837 Boehner Cubin Gingrey Baker Cantor Diaz-Balart, L. Bonilla Cuellar Gonzalez Baldwin Capito Diaz-Balart, M. Mr. SPRATT, Mrs. MALONEY and Bonner Culberson Goode Bartlett (MD) Capps Dicks Mr. AL GREEN of Texas changed their Bono Cummings Goodlatte Bass Capuano Dingell vote from ‘‘aye’’ to ‘‘no.’’ Boozman Davis (AL) Gordon Becerra Cardin Doggett Boren Davis (CA) Granger Berman Cardoza Doolittle Mr. GOODLATTE changed his vote Boswell Davis (IL) Graves Bilirakis Carnahan Doyle from ‘‘no’’ to ‘‘aye.’’ Boucher Davis, Jo Ann Green, Al Bishop (GA) Carson Drake So the amendment was rejected. Boustany Davis, Tom Green, Gene Bishop (NY) Carter Dreier The result of the vote was announced Boyd DeGette Grijalva Bishop (UT) Case Edwards Brady (PA) Delahunt Gutierrez Blunt Clyburn Emanuel as above recorded. Brady (TX) DeLauro Hall Boehlert Conyers Emerson AMENDMENT OFFERED BY MR. FLAKE Brown (OH) Dent Harman Bonilla Costa Engel Brown (SC) Diaz-Balart, L. Hastings (FL) Bonner Costello Etheridge The CHAIRMAN. The pending busi- Brown, Corrine Diaz-Balart, M. Hastings (WA) Bono Cramer Everett ness is the demand for a recorded vote Burgess Dicks Hayes Boozman Crenshaw Farr on the amendment offered by the gen- Burton (IN) Dingell Herger Boucher Crowley Fattah tleman from Arizona (Mr. FLAKE) re- Butterfield Doggett Herseth Boustany Cubin Filner Buyer Doolittle Higgins Bradley (NH) Culberson Fitzpatrick (PA) garding the Mystic Aquarium on which Calvert Doyle Hinchey Brady (PA) Cummings Foley further proceedings were postponed and Camp (MI) Drake Hinojosa

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.157 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4292 CONGRESSIONAL RECORD — HOUSE June 20, 2006

Hobson McNulty Sanders AMENDMENT OFFERED BY MR. FLAKE Goodlatte Manzullo Roybal-Allard Hoekstra Meehan Saxton The CHAIRMAN. The pending busi- Gordon Marchant Royce Holden Meek (FL) Schakowsky Granger Markey Ruppersberger Honda Meeks (NY) Schiff ness is the demand for a recorded vote Graves Marshall Rush Hooley Melancon Schmidt on the amendment offered by the gen- Green, Al Matsui Ryan (OH) Hostettler Mica Schwartz (PA) tleman from Arizona (Mr. FLAKE) re- Green, Gene McCarthy Sabo Hoyer Michaud Schwarz (MI) Grijalva McCaul (TX) Salazar garding the Jason Foundation on ´ Hulshof Millender- Scott (GA) Gutierrez McCollum (MN) Sanchez, Linda Hyde McDonald Hall McCotter T. Scott (VA) which further proceedings were post- Inslee Miller (MI) Harman McCrery Sanchez, Loretta Serrano poned and on which the noes prevailed Issa Miller (NC) Harris McDermott Sanders Shaw Jackson (IL) Miller, Gary by voice vote. Hart McGovern Saxton Jackson-Lee Miller, George Shays The Clerk will redesignate the Hastings (FL) McHenry Schakowsky (TX) Mollohan Sherman amendment. Hastings (WA) McHugh Schiff Jefferson Moore (WI) Sherwood Hayes McIntyre Schmidt Jenkins Moran (KS) Shimkus The Clerk redesignated the amend- Herger McKeon Schwartz (PA) Johnson (CT) Moran (VA) Shuster ment. Herseth McKinney Schwarz (MI) Simmons Johnson, E. B. Murphy RECORDED VOTE Higgins McMorris Scott (VA) Jones (OH) Murtha Simpson Hinchey McNulty Serrano Kanjorski Nadler Skelton The CHAIRMAN. A recorded vote has Hinojosa Meehan Shaw Kaptur Neal (MA) Smith (NJ) been demanded. Hobson Meek (FL) Shays Kelly Ney Smith (TX) A recorded vote was ordered. Hoekstra Meeks (NY) Sherman Kennedy (RI) Northup Smith (WA) Holden Melancon Sherwood Kildee Nunes Snyder The CHAIRMAN. This will be a 2- Holt Mica Shimkus Kilpatrick (MI) Oberstar Sodrel minute vote. Honda Michaud Shuster Kind Obey Solis The vote was taken by electronic de- Hooley Millender- Simmons King (NY) Olver Spratt vice, and there were—ayes 69, noes 352, Hostettler McDonald Simpson Kingston Ortiz Stark Hoyer Miller (MI) Skelton Kirk Osborne Strickland answered ‘‘present’’ 1, not voting 10, as Hulshof Miller (NC) Smith (NJ) Kline Owens Stupak follows: Hyde Miller, Gary Smith (TX) Knollenberg Oxley Inslee Miller, George Smith (WA) Sullivan [Roll No. 299] Kolbe Pallone Sweeney Issa Mollohan Snyder Kucinich Pascrell Jackson (IL) Moore (WI) Sodrel Tanner AYES—69 Kuhl (NY) Pastor Jackson-Lee Moran (KS) Solis Tauscher Andrews Gibbons Pence LaHood Payne (TX) Moran (VA) Souder Taylor (NC) Barrett (SC) Green (WI) Langevin Pearce Petri Jefferson Murphy Spratt Bass Gutknecht Lantos Pelosi Thomas Pitts Jenkins Murtha Stark Bean Hayworth Larsen (WA) Peterson (MN) Thompson (CA) Platts Johnson (CT) Nadler Strickland Beauprez Hefley Larson (CT) Peterson (PA) Thompson (MS) Poe Johnson (IL) Neal (MA) Stupak Bilbray Hensarling Latham Pickering Tiahrt Ramstad Johnson, E. B. Neugebauer Sweeney Bilirakis Inglis (SC) LaTourette Pombo Tiberi Rohrabacher Johnson, Sam Ney Tanner Blackburn Israel Leach Pomeroy Tierney Ryan (WI) Jones (OH) Northup Tauscher Bradley (NH) Jindal Lee Porter Towns Ryun (KS) Kanjorski Nunes Taylor (NC) Brown-Waite, Jones (NC) Levin Price (NC) Turner Sensenbrenner Kaptur Oberstar Thomas Ginny Keller Lewis (CA) Pryce (OH) Upton Kelly Obey Thompson (CA) Chabot Kennedy (MN) Sessions Lewis (GA) Putnam Van Hollen Kennedy (RI) Olver Thompson (MS) Chocola King (IA) Shadegg Lewis (KY) Radanovich Vela´ zquez Kildee Ortiz Thornberry Cooper Kline Slaughter Lipinski Rahall Visclosky Kilpatrick (MI) Osborne Tiahrt Davis (KY) Linder Stearns LoBiondo Rangel Walden (OR) Kind Owens Tiberi Deal (GA) Matheson Sullivan Lofgren, Zoe Regula King (NY) Oxley Tierney Walsh Doggett Miller (FL) Tancredo Lowey Rehberg Kingston Pallone Towns Wamp Duncan Moore (KS) Taylor (MS) Lucas Reichert Kirk Pascrell Turner Wasserman Feeney Musgrave Terry Lynch Renzi Knollenberg Pastor Upton Schultz Flake Myrick Udall (CO) Mack Reyes Kolbe Payne Van Hollen Waters Ford Norwood Maloney Reynolds Udall (NM) Kucinich Pelosi Vela´ zquez Watson Fossella Otter Manzullo Rogers (AL) Westmoreland Kuhl (NY) Peterson (MN) Visclosky Watt Franks (AZ) Paul Marchant Rogers (KY) Whitfield LaHood Peterson (PA) Walden (OR) Weiner Garrett (NJ) Pearce Markey Rogers (MI) Langevin Pickering Walsh Weldon (FL) Matsui Ros-Lehtinen Lantos Pombo Wamp Weldon (PA) NOES—352 McCarthy Ross Larsen (WA) Pomeroy Wasserman Weller McCaul (TX) Rothman Abercrombie Burgess DeFazio Larson (CT) Porter Schultz Wexler McCollum (MN) Roybal-Allard Ackerman Burton (IN) DeGette Latham Price (NC) Waters McCotter Royce Whitfield Aderholt Butterfield Delahunt LaTourette Pryce (OH) Watson McCrery Ruppersberger Wicker Akin Buyer DeLauro Leach Putnam Watt McDermott Rush Wilson (NM) Alexander Calvert Dent Lee Radanovich Waxman McGovern Ryan (OH) Wilson (SC) Allen Camp (MI) Diaz-Balart, L. Levin Rahall Weiner McHenry Ryun (KS) Wolf Baca Campbell (CA) Diaz-Balart, M. Lewis (CA) Rangel Weldon (FL) McHugh Sabo Woolsey Bachus Cantor Dicks Lewis (GA) Regula Weldon (PA) McIntyre Salazar Wu Baird Capito Dingell Lewis (KY) Rehberg Weller McKeon Sa´ nchez, Linda Wynn Baker Capps Doolittle Lipinski Reichert Wexler McKinney T. Young (AK) Baldwin Capuano Doyle LoBiondo Renzi Wicker McMorris Sanchez, Loretta Young (FL) Barrow Cardin Drake Lofgren, Zoe Reyes Wilson (NM) Bartlett (MD) Cardoza Dreier Lowey Reynolds Wilson (SC) ANSWERED ‘‘PRESENT’’—1 Barton (TX) Carnahan Edwards Lucas Rogers (AL) Wolf Becerra Carson Ehlers Gohmert Lungren, Daniel Rogers (KY) Woolsey Berkley Carter Emanuel E. Rogers (MI) Wu NOT VOTING—7 Berman Case Emerson Lynch Ros-Lehtinen Wynn Berry Castle Engel Mack Ross Young (AK) Cannon Hart Nussle Biggert Chandler English (PA) Maloney Rothman Young (FL) Davis (FL) Hunter Bishop (GA) Clay Eshoo Evans Napolitano Bishop (NY) Cleaver Etheridge ANSWERED ‘‘PRESENT’’—1 Bishop (UT) Clyburn Everett Gohmert ANNOUNCEMENT BY THE CHAIRMAN Blumenauer Coble Farr The CHAIRMAN (during the vote). Blunt Cole (OK) Fattah NOT VOTING—10 Boehlert Conaway Ferguson Cannon Hunter Price (GA) Members are advised 1 minute remains Boehner Conyers Filner Davis (FL) Istook Scott (GA) in this vote. Bonilla Costa Fitzpatrick (PA) Davis (TN) Napolitano Bonner Costello Foley Evans Nussle Bono Cramer Forbes b 1842 Boozman Crenshaw Fortenberry ANNOUNCEMENT BY THE CHAIRMAN Boren Crowley Foxx The CHAIRMAN (during the vote). So the amendment was rejected. Boswell Cubin Frank (MA) The result of the vote was announced Boucher Cuellar Frelinghuysen Members are advised 1 minute remains as above recorded. Boustany Culberson Gallegly in this vote. Boyd Cummings Gerlach Stated against: Brady (PA) Davis (AL) Gilchrest b 1846 Ms. HART. Mr. Chairman, on rollcall No. Brady (TX) Davis (CA) Gillmor So the amendment was rejected. Brown (OH) Davis (IL) Gingrey 298 I was unavoidably detained. Had I been Brown (SC) Davis, Jo Ann Gonzalez The result of the vote was announced present, I would have voted ‘‘no.’’ Brown, Corrine Davis, Tom Goode as above recorded.

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.054 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4293 AMENDMENT OFFERED BY MR. STEARNS So my amendment is basically saying number right on their military ID Mr. STEARNS. Mr. Chairman, I offer that, no, the Air Force could not step cards. The DOD is thereby placing mil- an amendment. in anytime there is voluntary partici- lions of servicemembers, military re- The Clerk read as follows: pation in worship, prayer, study, and tirees, and their family members at Amendment offered by Mr. STEARNS: discussion. And it is simple on that re- risk for identity theft, and the threat At the end of the bill (before the short spect. is heightened for servicemembers who title), insert the following: Some of the revised interim guide- must carry this ID with them at all TITLE X—ADDITIONAL GENERAL lines that the military put together is times. PROVISIONS worded in such a way that it makes We all know identity theft as being SEC. 10001. None of the funds made avail- many of us feel a little uncomfortable. one of the fastest growing crimes of the able in this Act may be used to to interpret It seems like it is a little bit over the decade, and it creates a nightmare for voluntary religious discussions as ‘‘official’’ line, and I felt personally, and I say to the victims who suffer. Identity thieves as specified in the revised interim guidelines the chairman, my colleague from Flor- make off with billions of dollars each concerning free exercise of religion in the OUNG year, and each day more than 1,000 peo- Air Force. ida (Mr. Y ), that when you add voluntary, I think that should be ple are being defrauded. The Federal Mr. STEARNS. Mr. Chairman, I have enough. And the word official and rea- Trade Commission recently listed iden- this amendment, and it took quite a sonably clear and some of these extra- tity theft as the top consumer com- bit of expertise on myself and staff to neous words that would imply intimi- plaint. With just your name and your get this so it would be germane, and I dation to the people who are trying to Social Security number, a thief can sort of feel that that is one of my ac- worship and pray should not be a part open credit lines worth thousands of complishments. I intend to offer this, of this interim guideline. dollars, rent apartments, sign up for but then I am going to ask unanimous So I wanted to go on record to say I utilities, earn income, and your credit consent to withdraw it out of great def- as one Member don’t agree, and I hope rating is ruined. You risk being re- erence to the chairman. perhaps there are other Members who jected from everything from a college The second is to bring it on the would take this amendment to heart. loan to a mortgage, and it is all up to House floor and to discuss it so we can And so if we find that the Air Force you as an individual to fix it all up. put it in the RECORD so that the Armed somehow intimidates these people dur- Law enforcement will generally not Forces, particularly the Air Force, ing voluntary participation in prayer, pursue these identity theft cases. when they talk about the revised in- worship, and study, that they would re- Sixteen percent of the 13 million vic- terim guidelines concerning free exer- member my amendment. tims of identity theft in the last 2 cise of religion in the Air Force, have With that, Mr. Chairman, I am going years had their wallets stolen. Any- an understanding what we in the House to ask unanimous consent to withdraw body who had their ID card in their believe is appropriate. out of deference and understanding the wallet lost their identity. A military The amendment is basically saying lateness of the hour and also the under- ID is one of those that is generally car- that none of the funds made available standing that you have just been ried in a wallet. We could have saved 2 in this act may be used to interpret through one donnybrook and perhaps million people from the problems of voluntary religious discussion as offi- this one might be another one, but I identity theft. Just look at the two in- cial, because within this interim guide- still feel and I might at a later date dividuals who were recently convicted lines concerning free exercise of reli- bring this forward now that I finally of Federal identity theft after creating gion the word ‘‘official’’ is in the para- figured out a way to make it germane. 331 fake credit cards in the name of graph where we are talking about vol- Mr. Chairman, I ask unanimous con- high-ranking military officers. They untary worship. Let me read this por- sent to withdraw the amendment. just found their Social Security num- tion to you: The CHAIRMAN. Is there objection bers and military IDs on a Web site and ‘‘Voluntary participation in worship, to the request of the gentleman from copied the information from the CON- prayer, study, and discussion is inte- Florida? GRESSIONAL RECORD. gral to the free exercise of religion.’’ There was no objection. The recent incident at the VA af- Now, that we all agree upon. And AMENDMENT OFFERED BY MR. FILNER firms our need to wean the Federal then they go on to talk about this vol- Mr. FILNER. Mr. Chairman, I offer Government from its overreliance on untary discussion of religion. But then an amendment. the Social Security number for ID pur- there is a sentence in this that goes on The Clerk read as follows: poses. There seems to be a culture of to say: ‘‘Voluntary discussions of reli- indifference in many agencies with re- gion or the exercise of free speech Amendment offered by Mr. FILNER: At the end of the bill (before the short gard to these numbers. States and uni- where it is reasonably clear that the title), insert the following: versities and health care insurance discussions are personal and not offi- TITLE X—ADDITIONAL GENERAL companies have given up their addic- cial.’’ PROVISIONS tion of Social Security numbers. Why So even within the paragraph talking SEC. 10001. None of the funds made avail- can’t we in the Federal Government? about voluntary, talking about vol- able in this Act may be used to place a social So I hope this issue is taken very se- untary discussion of people coming to- security account number on any identifica- riously. I know Mr. MURTHA and Mr. gether, there is still an interpretation tion card issued to a member of the Armed YOUNG are seriously looking at this. I by the Air Force that it is reasonably Forces, a retired member of the Armed hope they will look at it in conference clear it is not official. Well, obviously Forces, or a dependent of such a member or and as they pursue this bill. if these people come together volun- retired member. Mr. Chairman, I ask unanimous con- tarily to talk about their faith, to Mr. FILNER. Mr. Chairman, I thank sent to withdraw the amendment. pray, to study, and have this discus- the chairman and the ranking member The CHAIRMAN. Is there objection sion, it is voluntary and should the of the committee for this discussion we to the request of the gentleman from word ‘‘official’’ not even be in this have had on so many issues today. California? paragraph. But it still gives the Air As the senior Democratic member of There was no objection. Force the ability to go in and say, well, the Veterans Committee, I have been AMENDMENT OFFERED BY MR. INSLEE you know, we can reasonably say that particularly appalled at the loss of 261⁄2 Mr. INSLEE. Mr. Chairman, I offer it is not clear that the discussion that million records of veterans with their an amendment. you men and women have had while Social Security numbers and some The Clerk read as follows: you are worshipping, you are praying, medical data plus about 200,000 active Amendment offered by Mr. INSLEE: you are studying is an integral part of duty personnel. So the issue of identity At the end of the bill, add the following this free speech. It appears that there theft I think is on all our minds. And new title: might be some official overtone. So it we all know that servicemembers and TITLE X—ADDITIONAL GENERAL is official overtone. Then at that point military retirees are at great risk for PROVISIONS they can step in and say, okay, you identity theft because the Department SEC. 10001. None of the funds appropriated cannot have this discussion. of Defense puts the Social Security by this Act may be used to waive or modify

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.164 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4294 CONGRESSIONAL RECORD — HOUSE June 20, 2006 regulations promulgated under chapter 43, from discrimination based on political offering this amendment, and the issue 71, 75, or 77 of title 5, United States Code. opinion, something that our Civil Serv- here is really straightforward: Are we Mr. INSLEE. Mr. Chairman, this ice rules need to protect; and the right going to require the Department of De- amendment brought by myself and my to collective bargaining, to engage in fense to comply with guidelines estab- colleagues, Mr. VAN HOLLEN and Mr. collective bargaining in good faith; the lished by this House and this Congress, JONES, seeks to protect very basic job right to due process for advance notice or are we going to allow them, one securities for Department of Defense of suspension and some meaningful ap- more time, to ignore the will of Con- employees by blocking funds for those peal rights for people who work on the gress and roll over us here in the House parts of the National Security Per- defense team. of Representatives? sonnel System that have been declared So we are offering a commonsense Here is the situation. Back in 2004, illegal. The workplace environment amendment that will recognize that we this House passed the defense author- that would result if this amendment should not be forcing this broken sys- ization provision that allowed the De- does not pass, that results in destroy- tem that has been ruled illegal for peo- fense Department to go out and set up ing basic worker rights; jeopardizes our ple who are doing such great work for a new personnel system, but we did it ability to recruit and maintain quali- us, keeping our uniformed personnel on with certain guidelines. We wanted to fied, skilled workers to protect our na- the post in Iraq and Afghanistan. We provide the Department of Defense tional security. These are hardworking commend this amendment to our col- with greater flexibility, but we also men and women. They deserve our leagues’ attention. wanted to ensure fairness to the em- gratitude, they deserve our respect, Mr. JONES of North Carolina. Mr. ployees. they deserve a personnel system that Chairman, I move to strike the last Here is what happened. The DOD respects their work and complies with word. took the flexibility part, and they ig- principles that we hold forth. Mr. Chairman, I rise in support of nored the portions requiring fairness to I have got to tell you, I just want to this amendment, a simple and com- employees. They ignored the provision note who we are talking about here. monsense statement from this Con- that required, for example, an inde- These are the men and women who gress that says we stand with our Na- pendent entity to arbitrate certain dis- make sure that our equipment works. tion’s Federal civilian employees. putes between management and labor. When I went out and saw the Carl Vin- We are here today to take a stand They ignored the provisions that said son, one of our great carriers coming and rein in a personnel system that is you have to have a merit system pro- back from the Afghanistan campaign, opposed by nearly each and every one tection board that has an independent the sailors asked me to thank the peo- of the 700,000 members of the DOD Fed- judgment, instead of allowing the De- ple who worked on that carrier to see eral civilian workforce. fense Department to essentially over- to it that it could launch 10,000 sortees The National Security Personnel rule the decisions, at least on a pre- without losing an airplane. System, or NSPS, is a system that re- liminary basis, of an independent merit These people are part of the defense stricts our Nation’s Federal civilian system protection board. So they made team. They deserve respect. But, unfor- employees of their collective bar- a number of changes to the congres- tunately, the current situation does gaining rights, as well as the right to sional intent. not give them either respect or fairness have an independent labor relations As my colleague Mr. INSLEE said, you in the personnel system. board settle disputes, as was recently do not have to take our word for it. It is worth noting that the Office of affirmed in a court of law. Just listen to what a Federal judge Personnel Management questioned the This amendment would withhold the said, and that is Judge Emmet Sul- legitimacy of this new program in funding to go forward on implementing livan. He is the first person in the Dis- March 2004 in a letter to Secretary only those portions of the NSPS de- trict of Columbia to have been ap- Rumsfeld and said, ‘‘The current sys- clared illegal. It would not arbitrarily pointed by three United States Presi- tem may be contrary to law insofar as kill the system as a whole, but allow dents to three judicial positions, and it attempts to replace collective bar- Congress to carry out its oversight re- he ruled in favor of the employees who gaining with consultation and elimi- sponsibility. brought a case and challenged the ad- nate collective bargaining agreements Congress has continuously affirmed ministration’s decision on this. He said all together. In addition, other ele- its strong support of the men and it was ‘‘the antithesis of fairness’’ the ments of the proposal lack a clear and women in our Nation’s military. way DOD had set up its system and de- defensible national security nexus and Today, with this amendment, we are jeopardize those parts that do.’’ termined that it was outside the scope asking the same thing, reaffirm your of what the Congress had mandated. Now, this is not just us speaking; it support for our Nation’s Federal civil- is the Federal courts. At the beginning Now, they have ruled. That ruling ian workforce. came down in February. We have had a of this year, U.S. Federal District Mr. Chairman, by passing this Court Judge Emmitt Sullivan ruled Federal judge, therefore, stick up for amendment we will help send a mes- the Congress. The question is, are we that the NSPS system failed to ‘‘en- sage to these highly valuable men and sure even minimal collective bar- going to stick up for ourselves? Did we women that we stand with them today; mean what we said back there? A Fed- gaining rights.’’ The court further en- that we stand with those Federal civil- joined the National Security Labor Re- eral judge has looked at the law and ians who maintain and repair our Navy lations Board on the grounds that it said, clearly, the DOD provisions are and Marine Corps’ battle-worn heli- did not satisfy congressional require- outside the scope of what we intended. copters; that we stand with those Fed- ment for independent third-party re- Anyone who takes a fair look at what eral civilians who capitalize and up- view. It has been declared illegal. this Congress said to the administra- Now, one might assume after such a grade our Army’s Bradley fighting ve- tion and to the guidelines that we had ruling had come down that the Pen- hicles and Abrams tanks; that we stand in setting up the system would reach tagon would attempt to fix the problem with those Federal civilians who skill- the same conclusion. and that the administration would do fully manage our Air Force’s logistics Let us not once more roll over. A so, but in fact that has gone on after 3 and distribution operations; and that Federal judge has done the right thing. years. They are essentially snubbing we stand with those Federal civilians They said the administration should their noses at collective bargaining who maintain, overhaul and upgrade not roll over the will of Congress. Let rights, at civil service rights, at the our Navy’s fleet of ships, submarines us not allow them to do it. Let us right to know whether you are dis- and aircrafts. make sure that we do not spend tax- charged or what your discharge would I hope that my colleagues in this payer money on a system that a Fed- be, basic fundamental rights that we House of Representatives will join us eral judge has said is outside the scope ought to give to the people who are and vote ‘‘yes’’ on this amendment. of what Congress intended. critical members of the defense team. Mr. VAN HOLLEN. Mr. Chairman, I So I urge my colleagues to support move to strike the requisite number of this amendment. b 1900 words. Mr. BRADLEY of New Hampshire. That is why we bring this amend- I am pleased to join with my col- Mr. Chairman, I move to strike the ment, to preserve the right to be free leagues Mr. INSLEE and Mr. JONES in requisite number of words.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.059 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4295 Mr. Chairman, I want to begin by any other yard in the country, all nore it, proceeding with plans to implement thanking Chairman YOUNG and Mr. while saving significant millions of regulations that would make substantial MURTHA for their hard work and sup- dollars on submarine maintenance for changes concerning collective bargaining and port of our troops and support of our taxpayers, it is difficult to imagine review of appeals of adverse actions. Nation’s defense, but I also join with that none of this could have been pos- In February 2006, U.S. District Court Judge my colleagues who have previously sible under the proposed NSPS format. Emmet Sullivan ruled that specific sections of spoken. So, Mr. Chairman, I appreciate my DOD’s NSPS regulations were unlawful. He In November of 2003, I supported the colleagues who have spoken previously ruled that NSPS ‘‘fails to ensure that employ- National Defense Authorization Act, on this issue, and I rise in support of ees can bargain collectively,’’ that the pro- which authorized the NSPS system. At this amendment and ask the entire posed National Security Labor Relations that time, I believed that NSPS would House to support it tonight. Board ‘‘does not meet Congress’s intent for produce greater efficiencies in govern- Mr. MURTHA. Mr. Chairman, I rise independent third party review,’’ and that ‘‘the ment. Further, I believed NSPS would in support of the amendment. process for appealing adverse actions fails to reward government employees that dis- I think at times we have an arro- provide employees with fair treatment.’’ played personal initiative, hard work, gance in the Defense Department when To their credit, the labor organizations that and productivity, all at the same time they ignore not the regulations, but represent many federal government workers while preserving collective bargaining what we are trying to do in this legis- have been vigilant in protecting the rights of and Civil Service protections. lation. We expected them to talk to the their members by appealing to the courts. I Unfortunately, as others have out- people working in the Defense Depart- believe that it is time for Congress to reinforce lined, the implementation of NSPS has ment. the ruling of the federal court to ensure that been staggered and revised on several I have never seen a better workforce the Administration gets the message: Con- different situations, indicating both than we have in the United States gress does not intend that core principles of the complexity and the problems when when it comes to the civilians who sup- labor relations are to be eroded by DOD, and applying some of the good aspects of port our troops out in the field and ci- we are prepared to make that crystal clear by NSPS with the reality of its implemen- vilians who work for the Defense De- prohibiting the expenditure of funds on steps tation. partment, and we have tried several that violate the intent of the law. Last November the Department of years now to get them to do more ne- I urge my colleagues to support this amend- Defense and the Office of Personnel gotiations. They have continually ig- ment. Management published the final regu- nored our advice, and I am very nerv- Mr. HOYER. Mr. Chairman, I rise in support lations for NSPS. These did not live up ous about the way they have handled of the amendment offered by my colleagues, to the spirit of cooperation and col- things. Representatives INSLEE, JONES and VAN laboration between the government I have never seen so many union rep- HOLLEN, which would prohibit the use of funds and labor that was promised when Con- resentatives come to me and say, we in this bill to be expended on specific ele- gress passed the authorization bill sev- have asked them for this, and then the ments of the National Security Personnel Sys- eral years ago. court, the court itself, says they are tem. In February, U.S. District Court Judge In fact, as has already been alluded not being treated fairly. Emmet G. Sullivan ruled that the Department to, a Federal judge agreed with rep- So I would hope we could accept this of Defense, in establishing a rule to execute resentatives of labor that NSPS failed amendment or at least vote this the National Security Personnel System, had to meet fundamental standards. On amendment. It is a little broader than failed to ensure the rights of the approximately February 27, 2006, a Federal court en- I would like, but we can always adjust 700,000 civilian employees of the Department joined the NSPS regulations because that if we have to at some other point. of Defense. they failed to ensure collective bar- I would advise, recommend the Mem- Specifically, the judge determined that the gaining rights, did not provide for inde- bers they support the amendment. rule: pendent third-party review of labor re- Mr. DICKS. Mr. Chairman, I rise in strong Fails to ensure that employees can bargain lations decisions, and failed to provide support of this amendment. collectively. a fair process for appealing adverse ac- Based on the actions of the Department of Does not meet Congress’s requirement for tions. Homeland Security and the Department of De- ‘‘Independent Third Party Review’’ of labor re- For the thousands of Federal workers fense, it is clear to me that it is time for Con- lations decisions. at Portsmouth Naval Shipyard, which gress to send a message to the Administration And that the process for appealing adverse is in my district, the NSPS regulations about the importance of preserving bedrock actions fails to provide employees with the as proposed would have had a damaging principles of labor relations. ‘‘Fair Treatment’’ required by the Congress. impact. The shipyard’s unique labor In making my case for this amendment, I Yet, despite the decision, the department and management relationship has cre- want to recount a few key points leading up to has proceeded with the implementation of the ated tremendous efficiencies and where we are today. rule. progress and has become a model for In 2002, Congress enacted legislation to Mr. Chairman, this amendment simply en- good government. This progress and create the Department of Homeland Security. sures that the Department of Defense will not the relationship at the Portsmouth This legislation provided the Secretary of continue to pursue a policy that is clearly Naval Shipyard could well be lost Homeland Security and the Director of the Of- against the law and against the best interests under the NSPS program. fice of Personnel Management with the au- of our national security. Under the broad and rigid centralized thority to develop a separate human resources I commend the gentlemen for their contin- NSPS regime, the flexibility that has management system for the employees of the ued efforts on behalf of our Federal employ- led to some of our government’s best Department of Homeland Security. Subse- ees and urge my colleagues to support this practices and most successful entities quently, in the FY2004 Defense Authorization important amendment. would be impossible. In fact, represent- Act, the Department of Defense was author- The CHAIRMAN. The question is on atives of labor have indicated to me ized to develop and implement the National the amendment offered by the gen- that many of the efficiencies that were Security Personnel System. tleman from Washington (Mr. INSLEE). the result of labor-management agree- In August 2005, U.S. District Court Judge The amendment was agreed to. ments would not have been possible Rosemary Colyer ruled that the proposed De- AMENDMENT OFFERED BY MR. FLAKE under NSPS. partment of Homeland Security personnel Mr. FLAKE. Mr. Chairman, I offer an NSPS, as proposed, systematically rules ‘‘would not ensure collective bargaining, amendment. The Clerk read as follows: restricts opportunities for labor rep- would fundamentally alter [Federal Labor Re- Amendment offered by Mr. FLAKE: resentatives to communicate, nego- lations Authority] jurisdiction . . . and would At the end of the bill (before the short tiate and collaborate with Pentagon create an appeal process at MSPB [Merit Sys- title), insert the following: management. Given the exemplary tems Protection Board] that is not fair.’’ This TITLE X—ADDITIONAL GENERAL record of the Portsmouth Naval Ship- federal court ruling should have been a PROVISIONS yard, which is in my district, which wakeup call to the Department of Defense to SEC. 10001. None of the funds made avail- has returned submarines to the water take care in pursuing changes to labor rela- able in this Act may be used for the Center and to fleet commanders sooner than tions regulations. However, DOD chose to ig- for Rotorcraft Innovation.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.171 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4296 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Mr. FLAKE. Mr. Chairman, before b 1915 stand what the rotorcraft center was addressing this amendment, let me The rotorcraft industry wants $4 mil- all about? Why didn’t you talk to the simply speak to the problem with this lion of Federal defense dollars to sub- American Helicopter Society, headed process of earmarking. We have the sidize their marketing efforts around by Rhett Flater? More importantly, last amendment with regard to the the globe. They are doing pretty well. I why didn’t you talk to the Boeing Jason Foundation. All we know is that hope they continue to do well. They folks? Maybe by then you would have it was, I believe, requested for are competitive because they make a realized that a portion of this money, Ashburn, Virginia. good product, not because the Federal and by the way none of it goes into my We still do not know, after having Government is subsidizing them. district, the money is funneled out to voted for it, after 332 Members voted Many of them compete for govern- 21 other locations, including your dis- for it, after people came to defend ment contracts. That is great. We rely trict. The Boeing Company received a other earmarks, nobody came to defend on them, but we shouldn’t be saying, grant from this program in your dis- this one. We still do not know. What all right, we are going to pick you and trict, which you weren’t even aware of. I will not yield because the gen- we do know is that the administration we are going to lavish you with Federal tleman has offered an amendment that never requested it, that no hearings dollars to help market your product. he knows nothing about. I respect peo- were ever held, no markup was ever Those of us who oppose corporate ple of intelligence, who have integrity. held. We still do not know why it is in subsidies for cotton and sugar and to- You didn’t have the courtesy to come the defense bill. bacco and the airline industry, I think and ask me about this program. You As I mentioned, we do not know who that we also ought to say, if we are didn’t have the courtesy to come and requested it. There is no oversight going to oppose those subsidies, why ask about the briefing, about the four mentioned, no, no process or structure don’t we oppose subsidies for the rotor- hearings, about the memorandum of for oversight, nothing, yet we just ap- craft industry as well? understanding signed in 2004 by every propriated $1 million for the Jason At this time of war, we need to send major rotorcraft manufacturer in this Foundation in Ashburn, Virginia. That money to help our troops and not sub- Nation, including Sikorsky, Bell Tex- is all we know, and that is all we will sidize private industry. Again, it is not tron, including Kaman Industries, in- probably ever know. the role of the Federal Government, cluding Boeing, including Georgia What kind of process is that? It is and certainly not in a defense bill, to Tech, Penn State, and Maryland, all simply wrong. We should have a proc- be picking winners and losers in indus- the major rotorcraft centers in this Na- ess that is more transparent where try, saying you are going to get a sub- there is real accountability. tion. sidy but you are not. You didn’t have the courtesy to come Let us go on to this amendment. This This argument will come up as we is an amendment to strike $4 million and ask. You took a cheap shot. And offer additional amendments in the you know what? Your cheap shot is for the Center for Rotorcraft Innova- next few minutes, but I would ask sup- just that. The amount of impact on my tion in Media, Pennsylvania. This port for this amendment. district is one job, one job at Penn amendment would prohibit funds in the Mr. WELDON of Pennsylvania. Mr. State University. The money you just bill from being used for the Center for Chairman, I rise in opposition to the talked about flows into 21 other States, Rotorcraft Innovation. amendment. into universities and corporations According to the center’s Web site, First of all, let me say there is a role doing research on rotorcraft tech- their goal is to enhance the competi- for this Congress to play in defense, in nology. tiveness of the U.S. rotorcraft industry spite of my colleague from Arizona. If Now, why is that important? Because in the world marketplace. it wasn’t for this Congress, a decision the primary responsibility for rotor- I should say nobody is more sup- made by the administration back in craft research was NASA, but NASA portive of a strong, viable rotorcraft 1989, when they canceled the V–22 pro- has seen fit to move away from that. industry than I am. Just about 2 miles gram, would have been left undone. And as a member of the Science Com- from my house is the Boeing facility This year, the Marine Corps will deploy mittee, we have worked repeatedly to that makes the Apache. About a mile the V–22 program. try to get NASA to take the responsi- and a half from my home is where MD In spite of the administration back bility mandated by the law. NASA used Helicopter has made for Special Forces then and Secretary CHENEY canceling to fund $30 million a year in rotorcraft the Little Bird helicopter. So this is the program, we did the right thing for research. In the past 5 years, they have important for my district and every the Marines. Today, we are building 450 spent zero. So we took the initiative other district that does have a strong, of these aircraft because this Congress that the Army established. viable rotorcraft industry. knew what it was doing. And when the gentleman says on this But what we should not be doing is I would remind my colleague that it floor, again ignorantly, that the mili- picking winners and losers and saying was in 1996 that this Congress passed a tary and the Pentagon don’t support the Federal Government, in the defense defense authorization bill requiring this, I would have said to him, why bill, is going to prop up one industry or that we arm the Hellfire missile on the don’t you go talk to the Army, because another. We simply should not be doing Predator system. The administration the Army has supported the Center For that. didn’t want it back then. They knew Rotorcraft Innovation repeatedly. The The helicopter companies that are better than we did. Thank goodness U.S. Army. Not the Russian Army, the principal members of the center are this Congress armed the Hellfire mis- U.S. Army. If you would have taken world-class and competitive because sile on the Predator. That was our de- the time to go to the Army, you would they make a great product needed by cision, not the administration’s. have found those facts out. our military and militaries around the If this Congressman would have come You know, Mr. Chairman, I hate to world. to me and asked me some questions, be emotional in this debate; but dog- I have toured a number of times the perhaps he would have been a bit more gone it, I am not going to let somebody Apache facility. I have heard the ac- enlightened about what this is. This is stand up here in total and complete ig- counts of soldiers who have been to not a subsidy program. This is a pro- norance and spout off a bunch of gob- Iraq and Afghanistan, and the Apache gram to focus research and technology bledygook about subsidizing the rotor- has performed wonderfully. I have also on the rotorcraft industry for our mili- craft industry. That is not what this is toured MD Helicopter. It is a great tary and for other purposes. about. product. I am sure Sikorsky and others If the gentleman would have come to If you want to give the money back who manufacture helicopters do as me, he could have attended one of our from your district, you go to Boeing well. four hearings. Now he speaks a good and tell them to turn back the money The question becomes, why are we game here. Why weren’t you at the they got from this research initiative. using the defense bill as a mechanism hearings when we discussed rotorcraft But don’t stand up on the floor and to fund a center like this when these over the past 2 years? We had two hear- make stupid allegations because you businesses are fully capable of mar- ings this year. Why didn’t you come want a headline about cutting waste. keting their own products? and sit on those hearings and under- This is not waste.

VerDate Aug 31 2005 05:47 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.173 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4297 Mr. Chairman, I submit for the vanced rotorcraft systems for military appli- to, or otherwise recognize a joint venture, RECORD the memorandum of under- cations and the emerging needs for homeland partnership, or formal entity of any kind be- standing, the list of all 21 centers that security clearly demonstrate a need for ad- tween the parties. No party shall have the have received funding from this pro- vancement through an investment in re- authority to bind any other party or the search and development. The unique capa- Center except to the extent authorized in gram, and the Center For Rotorcraft bilities of rotorcraft are indispensable in this Agreement. Each party shall bear sole Innovation’s outline. both national security and emergency re- responsibility for its own actions in further- MEMORANDUM OF AGREEMENT sponse situations. The highly competitive ance of the Center. This MOA is between the Boeing Company, commercial rotorcraft industry and its The parties agree to execute appropriate a Delaware corporation having offices at worldwide proliferation make it an ideal confidentiality agreements prior to dis- Ridley Park, Pennsylvania, Sikorsky Air- candidate for technical cooperation and col- closing any proprietary information. No in- craft Corporation, a United Technologies laboration. The intent of the Center is to tellectual property right or license, either Company, having offices at Stratford, Con- centralize and refocus the attention, tech- express or implied is granted to any other necticut, Bell Helicopter Textron Inc, a nology and expertise of industry and aca- party as a result of this Agreement. Delaware corporation that is a wholly owned demia to achieve adequate and sustainable VII. TERM OF THE AGREEMENT funding through government and commer- subsidiary of Textron having offices at Hurst An organization may terminate its partici- cial sources. The goal is to be a recognized Texas, the Kaman Aerospace Corporation, pation in this agreement at any time by no- Center of Excellence in rotorcraft tech- having offices in Bloomfield, CT, the Rotor- tifying ACI in writing. nology to support and coordinate research craft Industry Technology Association This Agreement shall terminate upon the and development, education, training and (RITA) Inc., a Delaware corporation, Key- intended transfer of the administration of outreach to expand and strengthen the U.S. stone Helicopter Corporation, having offices the Center for Rotorcraft Innovation from rotorcraft community. in West Chester, PA, The Pennsylvania State ACI to the Rotorcraft Industry Technology University, located at State College, PA, The III. TECHNICAL ADVISORY BOARD Association (RITA) or another suitable third University of Maryland, located in College Sec. 1: The organizations that are parties party, and/or the execution of subsequent Park, MD, the Georgia Tech Research Cor- to this agreement shall provide technical Agreements by the parties relative to the poration, located in Atlanta, GA, the oversight to the Center through a Technical formation of the Rotorcraft Center. Advisory Board. Piasecki Aircraft Corporation having offices VIII. ASSIGNMENT in Essington, PA, Augusta Aerospace Cor- Sec. 2: The Technical Advisory Board shall No party may assign or transfer this agree- poration having offices in Philadelphia, PA be comprised of a representative from each ment, its interest, or obligations hereunder and the American Competitiveness Institute, of the initial organizations who sign this without the written consent of the parties to having offices in Philadelphia, PA, herein- agreement. Notwithstanding the foregoing, this agreement. after which may be referred to individually the Georgia Tech Research Corporation is a The Boeing Company Integrated Defense as ‘‘party’’ or collectively as ‘‘parties’’. cooperative organization of the Georgia In- stitute of Technology (‘‘GIT’’) and may iden- Systems; Bell Helicopter Textron Inc.; I. PURPOSE tify a GIT employee as a representative to The Kaman Aerospace Corporation; Sec. 1: The parties to this agreement agree the Technical Advisory Board. The Pennsylvania State University; to provide oversight for the Center for Sec. 3: The Technical Advisory Board shall Georgia Tech Research Corporation; Rotorcraft Innovation (the ‘‘Center’’), which utilize its collective expertise in various as- Keystone Helicopter Corporation; Si- will be established by the American Com- pects of the Rotorcraft Industry to establish korsky Aircraft Corporation; American petitiveness Institute (ACI), a Pennsylvania and maintain a technical roadmap to guide Competitiveness Institute; Rotorcraft corporation with its principal place of busi- Center activities consistent with its mission. Industry Technology Association; Uni- ness in Philadelphia, PA. It is recognized that inputs from industry, versity of Maryland; Piasecki Aircraft Sec. 2: The Center’s mission will be to ad- academia, and government sources are essen- Corporation; Agusta Aerospace Cor- minister and conduct rotorcraft pre-competi- tial to creating and maintaining a dynamic poration. tive research and development with the par- and relevant Center agenda. Bell Helicopter Textron: Fort Worth, TX— ticipation of rotorcraft manufacturers, their Sec. 4: Additional representatives may be Lloyd Doggett, 26th district; Kay Granger, suppliers, operators, support providers, aca- added to the Technical Advisory Board sub- 12th district. demic researchers, government laboratories, sequent to the execution of this agreement The Boeing Company: Philadelphia, PA— industry associations and other non-profit by majority consent of the initial parties to Robert A. Brady, 1st district, Robert A. organizations. Research projects will be con- this agreement. Brady, 1st district, Chaka Fattah, 2nd dis- ducted both at the Center and the partici- IV. MEETINGS trict, Allyson Y. Schwartz, 13th district. The Boeing Company: Mesa, AZ—Jeff pants’ facilities, including subcontractors as Sec. 1: The Technical Advisory Board will Flake, 6th district. appropriate. meet a minimum of four (4) times a year at Sikorsky-UTC: Stratford, CT—Christopher Sec. 3: ACI will administer, at no cost to a time and location determined by the Cen- Shays, 4th district. the parties, the acquisition and expenditures ter Director. Kaman Aerospace: Bloomfield, CT—John of federal, state, local and private funding Sec. 1a: The Center Director shall preside B. Larson, 1st district. for the creation of the Center by: over Technical Advisory Board meetings, BF Goodrich: Vergennes, VT—Bernard (i) establishing and implementing a busi- and with the advice and consent of the Tech- Sanders, 1st district. ness plan to acquire the necessary funding nical Advisory Board, shall set the time, Armour Holdings: Phoenix, AZ—Ed Pastor, for the creation and sustainment of the Cen- place, and agenda. ter; and, Sec. 1b: Each Technical Advisory Board 4th district, John B. Shadegg, 3rd district. Smiths Industries: Grand Rapids, MI— (ii) establishing and implementing a plan member may designate, by notifying the Vernon Ehlers, 3rd district. for the Center’s design, operations and final Center Director in writing, a qualified alter- Endevco: San Juan Capistrano, CA—Ken incorporation into a rotorcraft organization nate to attend and participate in Board Calvert, 44th district. governed by industry and academia. meetings in his/her absence. Lord Corporation: Erie, PA—Philip S. Sec. 4: ACI shall provide oversight con- V. FISCAL CONSIDERATIONS sistent with the mission stated above. Such English, 3rd district. Sec. 1: No membership fees or dues are re- oversight shall include participation and Georgia Tech: Atlanta, GA—John Lewis, quired to be paid. 5th district, Cynthia McKinney, 4th district. guidance associated with formation of the Sec. 2: The salaries and expenses of rep- Center, and such other Administrative sup- Penn State University: State College, PA— resentatives of the Technical Advisory Board John E. Peterson, 5th district. port as mutually agreed to by the Parties. shall be the responsibility of their respective Technical oversight, including Program se- University of Illinois—Chicago: Chicago, organizations. IL—Bobby Rush, 1st district, Jesse Jackson, lection and monitoring of projects performed Sec. 3: Any contractual relationship en- by the Center shall be provided by the other Jr., 2nd district, Dan Lipinski, 3rd district, tered into between Technical Advisory Board Luis V. Gutierrez, 4th district, Rahm Eman- Parties to this Agreement. members shall be solely the responsibility of Sec. 5: A Center Director will be appointed uel, 5th district, Danny K. Davis, 7th dis- those members, and the Center shall ex- trict, Janice D. Schakowsky, 9th district. by ACI to oversee the daily operations of the pressly have no performance or fiscal obliga- Center. University of Maryland: College Park, tion. MD—Steny H. Hoyer, 5th district. II. BACKGROUND Sec. 4: In no event shall the parties be lia- University of Texas—Arlington: Arlington, There have been several initiatives to fa- ble to each other or any third party in priv- TX—Joe Barton, 6th district. cilitate joint government, industry and aca- ity with any party for any special, indirect, UCLA: Los Angeles, CA—Henry A. Wax- demic collaboration to address technical exemplary, incidental, or consequential dam- man, 30th district, Xavier Becerra, 31st dis- challenges facing the rotorcraft industry. ages arising out of or in connection with this trict, Hilda L. Solis, 32nd district, Diane Despite this, tight government budget con- agreement. Watson, 33rd district, Lucille Roybal-Allard, straints and a shift in emphasis to other pro- VI. RELATIONSHIP OF THE PARTIES 34th district, Maxine Waters, 35th district. grams, the rotorcraft program has suffered Nothing contained in this Agreement shall Arizona State University: Tempe, AZ—J.D. and funding has failed to materialize. Ad- be deemed to constitute, create, give effect Hayworth, 5th district.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.174 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4298 CONGRESSIONAL RECORD — HOUSE June 20, 2006 West Virginia University: Morgantown why you wouldn’t want to vote for it. both my district and on my State. I WV—Alan B. Mollohan, 1st district. But I can assure every Member here, simply think that this process is out of Ohio Aerospace Institute: Cleveland, OH— Republican and Democrat alike, that control and we have to start on it. Stephanie Tubbs Jones, 11th district. in the Armed Services Subcommittee, And I appreciate the gentleman from Mississippi State University: Starkville, Hawaii. That was a very good expla- MS—Charles ‘‘Chip’’ Pickering, Jr., 3rd dis- on which I am privileged to serve with trict. Mr. WELDON, that we go into the de- nation. I appreciate that hearings have Syracuse University: Syracuse, NY—James tails of what we are doing and why we been held on this, certainly more thor- T. Walsh, 25th district. are doing it. oughly than some of the other ear- Ohio State University: Columbus, OH— The final point here. The reason that marks. But the case I would make is Deborah Pryce, 15th district, Patrick J. I support this and the reason Mr. that simply I have made my case. Tiberi, 12th district. WELDON recommended it to the sub- Mr. ABERCROMBIE. Mr. Chairman, KSR, LLC: Newport Beach, CA—John committee and that he succeeded is will the gentleman yield? Campbell, 48th district. that the big companies, the big compa- Mr. KINGSTON. It would be an honor Mr. ABERCROMBIE. Mr. Chairman, I nies don’t do the innovation and the re- to yield to the gentleman from Hawaii. move to strike the last word. search. They really don’t. Mr. ABERCROMBIE. Thank you. (Mr. ABERCROMBIE asked and was Mr. HUNTER in particular, and, again, That is why I am hoping that you given permission to revise and extend I have had my differences with Mr. would consider in this instance pos- sibly withdrawing it. his remarks.) HUNTER, but Mr. YOUNG recognizes and When you say the process is out of Mr. ABERCROMBIE. Mr. Chairman, I Mr. HUNTER recognizes that true inno- control, I am not going to argue with rise in opposition to the amendment, vation in this country comes from the you about that. I really don’t. But this and I rise speaking as the ranking small companies. It comes from the re- process with this project, I can assure member on Mr. WELDON’s committee. search areas that don’t necessarily get you was totally in control, thoroughly Mr. WELDON, as my good friend from the big contracts, nor are they sought vetted, and the decision that came out Arizona now knows, has a deep and out by the big companies. They are of it was I believe unanimous in the abiding interest in this activity. And like the Titanic. They go right down he is my good friend, that is to say Mr. committee, and I don’t believe received there. And they can be told there’s an any opposition on the basis that it was WELDON, as well as you, Mr. FLAKE. iceberg, but, boy, they head there any- Mr. FLAKE. Mr. Chairman, will the done capriciously or arbitrarily or be- way by kinetic energy. cause of the influence of a Member for gentleman yield? I can assure you, Mr. FLAKE, if you Mr. ABERCROMBIE. I certainly will reasons other than the merits. would at least consider withdrawing I can assure you of that, and I make yield to the gentleman from Arizona. the amendment, this is one time when Mr. FLAKE. I simply want to respond my request once again, and thank you the research has been done, the back- for your time and thank the gentleman to the allegation that I did not know ground has been done, the hearings that some of the beneficiaries were in for yielding. have been held, and we are trying to Mr. KINGSTON. Mr. Chairman, I my district. I stated that in my state- support the true innovative research thank both of my colleagues, and now ment. I know they are. I live less than side with regard to rotorcraft that I want to claim my time to oppose this 2 miles from them. I spoke with the might not otherwise get the attention amendment, but I wanted to talk about Boeing representative this morning, that it deserves and what we need to the bigger picture. and I knew full well that it would im- have for our Armed Forces. Each year, the House Appropriations pact them. I can assure you that the ideological Committee receives about 35,000 re- Mr. ABERCROMBIE. I accept you at content or premise that forms the phi- quests for individual projects in all the your word, and reclaiming my time, I losophy upon which you are making appropriation bills. Just to give one ex- hope that this is instructive in the end these inquiries I have no argument ample, on the Labor-HHS bill there for us. with, and I give you credit for standing were 10,272 different requests. That is One of the reasons I like working up. It is not easy to stand up against about 25 projects per Member. Yet this with Mr. WELDON is I think we bring a the tide coming at you. It is a lot easi- committee has worked very hard to certain amount of passion to our work. er to vote against you and walk off and scrutinize those requests and to decide And as with many other things in our claim victory. I don’t do that. I don’t which ones are good and which ones lives, sometimes your virtues are also take any shots like that at you. I re- have less of a case and we eliminate all your vices, so I understand that very, spect you and I understand what you of them. very well. are doing and why you are doing it. But To give you some of the numbers, it My request is that you think perhaps in this instance, my request to you as is incredible. This bill alone is $1 bil- about withdrawing this amendment. It a ranking member on this sub- lion below last year’s in terms of Mem- is not to argue with you about your committee is that you consider wheth- ber earmarks. The Ag Committee, premises. Believe me, Mr. FLAKE, I er or not this might be an instance in which I sit on, is $35 million below last don’t do that. I understand exactly which the House is well served and the year’s. The Energy and Water Com- what you are saying, and I understand Nation is well served by its adoption as mittee is 16 percent, or $197 million your concerns with regard to whether recommended by the Appropriations below last year’s in Members’ ear- or not there are full and complete un- Committee. marks. The Interior Committee is $89 derstandings of what we are doing and I thank you for your kind attention. million, or 32 percent less than last why we are doing it under the general Mr. KINGSTON. Mr. Chairman, I year. Military Quality of Life, $40 mil- aegis of earmarks. My point is that move to strike the requisite number of lion below last year’s. The Labor-HHS this particular designation has had words. is $100 million, Transportation-Treas- thorough, and I assure you non- Mr. Chairman, I yield to my friend, ury is $2.1 billion below last year’s, and partisan, thorough, complete briefings because I can see he has something to Science, State and Justice is $1.3 bil- and hearings. That is the way our sub- say real quick. lion less than last year’s. committee works on Armed Services. I Mr. FLAKE. Well, thank you, and I And this is a sign of the committee assure you of that. simply want to reiterate if I were to doing their work on a bipartisan basis. Again, as I say, everybody’s virtue is stand here and offer amendments that We are going to continue to work for also their vice; but let me tell you, if it had no impact on my district at all, if earmark reforms. The House Appro- is a vice to go into exquisite detail as I ignored those that had an impact, priations Committee is the first com- to what you are dealing with, then Mr. then I could be accused of hypocrisy mittee that wants to have earmark re- WELDON, and I guess by extension my- and doing things that simply have no form, something Mr. FLAKE is a great self, is guilty of that. impact on me. advocate of, in all committees, not just I can assure you that if there is an I have tried to make a point to offer appropriations. argument on the floor against what we amendments that do have an impact, For example, the infamous ‘‘bridge to want to do with rotorcraft innovation and I have offered them in other bills nowhere’’ did not come from an appro- in research, then I could understand as well, those that have an impact on priation bill. We need to have earmark

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.069 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4299 reform. The Appropriation Committee (6) Require all congressionally approved SURGE initiative: $21 million. supports that, but we support it for all projects go through a formal Executive Maritime security response team shoot committees, if we are going to make it Branch contracting and auditing process. house: $2 million. complete. If it is good for one, let us do (7) Require that all other committees Fast Response Cutter: $42 million. adopt similar earmarking reforms. Earmarks Citizen Corps: $35 million. it for all. are not unique to the House Appropriations New Coast Guard headquarters: $50 mil- We also have Member scrutiny and Committee. The most notable earmark in re- lion. Member criteria requests. And this cent history—the so-called ‘‘Bridge to No- Interior includes 4 terminations for a sav- year, more than ever, we are asking for where’’—had its origins elsewhere. ings of $54 million. local grant money, State money, FY07 MEMBER PROJECT FUNDING Stateside Land and Water Grants: $30 mil- matching money so that if we do ap- FY07 Agriculture Member Project Fund- lion. propriate something back home, the ing: The House bill includes $435 million in Forest Service economic action program: folks back home have skin in the game, Member project funding which is $35 million $9 million. not just something that the Federal below last year’s House bill level of $460 mil- BLM rural fire program: $10 million. Government is paying for. lion and $277 million below last year’s con- Asia Pacific Partnership: $5 million. ference agreement of $812 million. Labor-HHS-Education includes 56 termi- I have also, Mr. Chairman, a 21⁄2-page FY07 Defense Member Project Funding: list of some of the programs which the nations for a savings of $1.66 billion. The bill includes a little less than $5 billion Responsible Reintegration for Youthful Of- Appropriations Committee has termi- which more than $1 billion below last year’s fenders: $50 million. nated. Now, Ronald Reagan said, if you House bill and $2.7 billion below last year’s Women’s Educational Equity (FIE): $3 mil- don’t believe in resurrection, try kill- conference report. lion. ing a Federal program. FY07 Energy and Water Project Funding: Math Now for elementary schools: $125 mil- The bill includes $1.04 billion in Member b 1930 lion. project funding which is 16% or $197 million Math Now for middle schools: $125 million. Indeed, that is the case. It is hard as below last year’s House level of $1.24 billion. Science-State-Justice includes 8 termi- the dickens to kill programs here, and FY07 Interior Member Project Funding: nations for a savings of $96 million. yet Appropriations remains the only The bill includes $188 million in Member Grants for Televised Testimony: $1 million. committee on a consistent level that is project funding for 246 projects. This is an Forensic Science Grants: $18 million. $89 million or 32% reduction compared to eliminating spending and terminating Crime Identification Technology Act last year’s enacted total of $277 million in Grants: $28 million. programs. Member project funding. In Agriculture, there were about Cannabis Eradication: $5 million. FY07 Military Quality Member Project Public Television Facilities, Planning, and eight eliminated, including the Clas- Funding: Total Member project funding in Construction: $22 million. sical Chinese Garden at $8 million. Mr. the bill is $572 million which is $40 million Microloan Technical Assistance: $13 mil- FLAKE, I am sure, would have approved below the last year’s House bill level of $612 lion. of that. In Foreign Operations we million and $804 million below the enacted Microloan Subsidy: $1 million. eliminated the Asia Pacific Partner- level of $1.376 billion. PRIME: $2 million. FY07 Labor-HHS Member project funding: ship for $46 million. I don’t know what The bill provides approximately $1 billion for Transportation-Treasury-HUD includes 6 it did. Does anybody here? Member projects, $100 million less than pre- terminations for a savings of $742 million. We eliminated the Congo Debt Relief, vious, comparable levels and less than 1% of Rural Housing and Economic Development: $160 million. the total funding in the bill. $17 million In Homeland Security, we eliminated FY07 Transportation-Treasury, HUD Mem- FTA Small Starts: $200 million. $21 million for the SURGE initiative, ber Project Funding: Total Member project Housing Counseling Assistance: $45 mil- funding in the bill is $986 billion which is $2.1 lion. and a new Coast Guard headquarters National Defense Tank Vessel Construc- for $50 million. billion below last year’s level. This is an 70 percent reduction from the previous year. In tion Program: $74 million. In conclusion, Mr. FLAKE is not the addition, for the first time ever, the bill re- Open Roads Financing Pilot Program: $100 only one applying the big magnifying quires a 40 percent matching requirement for million. glass to spending. This committee is grantees receiving Economic Development New Coast Guard Headquarters: $306 mil- doing it, and we need to be talking Initiative funding. lion. more about it. I appreciate the gen- Science-State-Justice: The bill provides Denali Commission: $7 million. tleman for what he is bringing up, but approximately $387 million for Member Prisoner Re-entry: $20 million. he is trodding on turf that a lot of us projects, $1.3 billion less than the enacted Community College Initiative: $150 mil- have already driven on at the com- level and less than 1 percent of the total lion. funding in the bill. Work Incentives Grants: $20 million. mittee level. PROGRAM TERMINATIONS Management Crosscuts: $2 million. CONTINUED EARMARK REFORMS FOR 2006 Working Capital funds: $7 million. Agriculture includes 8 terminations for a NY State UI: $50 million. (1) Include all Member project funding dur- savings of $414 million. Tech Asst. Nat Activities: $2 million. ing the House consideration of appropria- Healthy Forests Reserve: $3 million. HRSA—Health Career Opportunity Pro- tions bills. Invasive Species Grant: $10 million. gram (HCOP): $4 million. (2) Sharply limit the number of Member Wildlife Air Safety initiative: $3 million. project requests. Curtailing the number of Classical Chinese Garden: $8 million. HRSA—Faculty loan repayment: $1 mil- Member requests per Appropriations sub- Financial Management Modernization Ini- lion. committee would dramatically improve tiative: $14 million. HRSA—Public health/dental training: $8 oversight and lead to a reduction of ear- Child Nutrition Program, contingency re- million. marks. Last year, the House Appropriations serve fund: $300 million (new mandatory). HRSA—Delta Health Initiative: $25 mil- Committee received nearly 35,000 individual P.L. 480 Title I program: $64 million. lion. project requests. In the Labor-HHS Appro- Ocean Freight Differential Grants: $12 mil- HRSA—Denali Commission: $39 million. priations bill, 417 Members requested 10,272 lion. HRSA—ER 1 Administration earmark: $25 projects, or nearly 25 projects requested per million. Member. Energy and Water includes 3 terminations CDC—Pandemic Flu base activities: $168 (3) Require that all project requests be sub- for a savings of $4ll million. million. mitted in writing to the Appropriations sub- Geothermal R&D technology: $23 million. CDC—Bulk Monovalent Vaccine Purchase: committee of jurisdiction via a Member- Natural gas R&D technologies: $20 million. $30 million. Construction of the Mixed Oxide Fuel signed request letter or form. CDC—Mind-Body Institute: $2 million. (4) Establish clearly defined criteria for all Plant: $368 million. CDC—Special Olympics Healthy Athletes: project requests and require Members to Foreign Operations includes 4 terminations $6 million. specify how each project meets those cri- for a savings of $286 million. CDC—Diamond Blackfan Anemia Program: teria. Member requests would also be re- Conflict Response Fund: $75 million. $1 million. quired to be strictly germane to the spending Asia Pacific Partnership: $46 million. CDC—Arctic health program: $0.3 million. bills in which they are contained. Africa Housing Facility: $5 million. CDC—Hanford study: $1 million. (5) Increase the proportion of projects that Congo Debt Relief: $160 million. CDC—Pfiesteria program: $8 million. have a dollar-matching requirement. HUD Homeland Security includes 6 terminations CDC—Volcanic Emissions program: $0.1 economic development initiative grants are for a savings of $154 million. million. among those that ought to be considered for Office of Screening Coordination and Oper- CDC—ALS Registry: $1 million. a local matching requirement. ations: $4 million. SAMHSA—Access to Recovery: $98 million.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.176 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4300 CONGRESSIONAL RECORD — HOUSE June 20, 2006 CMS—Health Care Fraud and Abuse Con- the invasion occurred in March 2003. Our invasion of Iraq in 2003 was a terrible trol: $118 million. And we have now been engaged in an mistake resulting in an inextricable quagmire. Health admin: $1 million. occupation of that country for more And regardless of what our friends across the ACF—Job Opportunities for Low-Income Individuals: $5 million. than 3 years. aisle claimed during our waste of a discussion ACF—Sex and other severe forms of traf- The fact that we all have to face is last week, we are still not on the road to suc- ficking program: $5 million. that it is becoming increasingly appar- cess in that country. Early Learning Fund: $36 million. ent that the administration has no Now that other legitimate hot spots in the Embryo adoption campaign: $2 million. plan for ending that occupation, and so world, such as Iran, are heating up, we are a Alcohol Abuse Reduction: $32 million. it will continue. The loss of life will passive audience sitting on the sidelines as Dropout Prevention Programs: $5 million. continue, the loss of funds will con- the Bush administration uses its damaged Close Up Fellowships: $2 million. tinue, and the deterioration of our rep- Education Technology State Grants: $272 credibility and poorly-conceived diplomacy to million. utation in the world will continue to try to head off a nuclear crisis within the most Foundations for Learning (FIE): $1 million. decline. volatile area of the world. Whaling trading partners (FIE): $9 million. This Congress has been derelict in its We should be an active participant in the Javits Gifted and Talented Ed: $10 million. duty. We have not examined the ad- formulation of our foreign policy. Mental Health Integration in Schools ministration in its activities related to The Bush administration must be held ac- (FIE): $5 million. the attack on Iraq, the falsified way in countable by Congress for its failings on the Parental Information and Resource Cen- which it presented the rationale to this world stage. In addition, the administration ters (FIE): $40 million. Ready to Learn TV: $24 million. Congress, the way in which it failed to must work with Congress before it stretches Ready to Teach (FIE) $11 million. adhere to the recommendations of the our already-depleted defense capabilities to Star Schools (FIE): $15 million. military with regard to actions taken the breaking point in another ill-conceived en- Teacher to Teacher (FIE): $2 million. prior to the attack and subsequent to gagement. Language Teacher Corps (FIE): $5 million. it, right up to the present moment. And while the administration’s recent efforts State scholars (FIE): $8 million. So now we are faced with another po- to engage with the European community in di- State Grants for Incarcerated Youth Of- tential problem that would magnify plomacy on this issue are a welcome change, fenders: $23 million. Underground Railroad: $2 million. the one that we currently confront, their international dealings have not proven to Byrd Scholarships: $41 million. and that is we have come to under- be trustworthy—another cause of our dimin- Demonstration in Disabilities: $7 million. stand that there have been serious con- ished credibility abroad. Thurgood Marshall Legal Educational Op- siderations within this administration This administration is tone-deaf when it portunity Program: $3 million. to engage in a military attack on Iran. comes to understanding the diverse religious Interest Subsidy Grants: $2 million. The rationale for that attack as it has beliefs and cultural principles of countries in The CHAIRMAN. The question is on been presented to us is that Iran is en- the Middle East. It does not sufficiently sup- the amendment offered by the gen- gaged in a nuclear weapons develop- port the troops that are already engaged tleman from Arizona (Mr. FLAKE). ment program. Of course, that was part abroad, and it does not understand the dam- The amendment was rejected. of the falsified rationale that was pre- age that this engagement has done to our AMENDMENT OFFERED BY MR. HINCHEY sented for the attack on Iraq. armed services. We must rectify these prob- Mr. HINCHEY. Mr. Chairman, I offer We also know, of course, that the lems, and Congress must be an active partici- an amendment. President in his State of the Union Ad- pant. The Clerk read as follows: dress here, the address that attempted Iran presents our Chamber with the oppor- Amendment offered by Mr. HINCHEY: to justify by presenting false informa- tunity to right past wrongs, and to assume the At the end of the bill (before the short tion to the Congress, attempted to jus- responsibility for oversight and management title) insert the following: tify the attack on Iraq, associated Iraq that we tragically abandoned in the months TITLE X—ADDITIONAL GENERAL with the phrase ‘‘axis of evil’’ with two leading up to our invasion of Iraq. PROVISIONS other countries, North Korea and Iran. Mr. YOUNG of Florida. Mr. Chair- SEC. 10001. None of the funds made avail- We now learn that there are discus- man, I rise in opposition to the amend- able in this Act may be used to initiate mili- sions within the administration for a ment. tary operations against Iran except in ac- potential attack on Iran. And in the I read the amendment about Iran, cordance with Article I, Section 8 of the Con- context of those discussions, it has also but I heard the debate about Iraq. The stitution of the United States. been suggested that the administration gentleman’s debate made it appear Mr. HINCHEY. Mr. Chairman, the has the authority to engage in such an that we just indiscriminately decided background is obvious and well known attack based upon the vote that was to attack Iraq. to all of us. The fact of the matter is taken here to authorize the attack on I would remind the gentleman that we are now living in a moment which is Iraq based upon falsified, misleading there were not only United Nations among the most difficult and dan- information, information that was pre- resolutions dealing with the issue of gerous periods in the modern history of sented to us intentionally falsified and Iraq, but there was also an over- our country. It came about as a result misleading. whelming vote in the House and in the of the administration sending our mili- So the purpose of this amendment is Senate to authorize the President to tary to attack Iraq. There was no jus- to make sure that none of the funding take whatever military action was nec- tification, certainly no adequate jus- in this defense appropriations bill is essary. tification, for that attack. The ration- used to engage in any military oper- He talked about Iraq, and so I want ale for doing so as it was presented to ation against Iran without a full vote to talk about Iraq. I want to talk about the Congress was falsified, unjustified. of the Congress of the United States in the June 25, 1996, bombing of Khobar I think that we all see that today very accordance with the Constitution of Towers in Saudi Arabia. We were not in clearly. the United States. Iraq, nowhere near Iraq. Khobar Tow- The consequences of that action are It is a very simple, very straight- ers was bombed, and 19 of our airmen afflicting our country very decidedly. forward amendment, and I hope that who were living there lost their lives. We have now lost 4,500 American serv- this Congress will live up to its obliga- In August of 1998, our embassies in icemen and women killed, tens of thou- tions and this House of Representatives Kenya and Tanzania were bombed with sands others very seriously wounded. in accordance with its responsibilities a loss of life, including Americans. And The dollar cost to our country is now will pass the amendment. by the way, we were not in Iraq or Af- approximately $400 billion. By the end While our Chamber is on track to complete ghanistan for that matter. of this year it is anticipated to be $450 another lightning round of spending bills dur- October 12, 2000, the USS Cole off- billion. ing this appropriations cycle, we have abdi- shore of Yemen was bombed by terror- The costs to Iraq are even more se- cated our oversight responsibilities across the ists, and 17 sailors lost their lives, and vere. The loss of life in that country board in the process. We are writing blank many others were seriously injured. may be as many as 100,000 people. Cir- checks for bankrupt foreign policies without And then there was September 11, cumstances of life in that country are having sufficiently robust debate on the admin- and I don’t have to explain what hap- worse than they were 3 years ago when istration’s actions abroad. pened there because everyone knows

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.076 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4301 what happened there. It was the Pearl in the Constitution of the United this United States Congress. This Harbor of this century. States. We want to make sure that we would not tie the hands of the Presi- So what does that have to do with protect the Constitution.’’ dent in any way that isn’t tied by the Iraq? Information continues to be un- Majority Mr. Leader BOEHNER said: Constitution of the United States. If covered where Saddam Hussein, who ‘‘Every 2 years I stand in the well of there was an imminent attack, if they was the dictator of Iraq until we re- the House and raise my right hand and had a missile on the pad and they were moved him, Saddam Hussein had con- swear to uphold and defend the Con- fueling it up to shoot at the United tacts with the terrorists of different stitution.’’ States of America, with a nuclear stripes, not only al Qaeda, but other So there is a new-found and growing weapon on it, the President would have terrorists. And that’s why, and Con- respect on that side of the aisle for the authority to repel a sudden attack. But gress reacted to that, and Congress ap- Constitution. Unfortunately, all of if they are contemplating a preemptive proved the President making whatever that umbrage was about a search with or preventative or whatever they want military move he thought was nec- a warrant of a Member’s office, a Mem- to call it war, similar to the one essary. So that goes to the issue of the ber of Congress who had $90,000 cold launched under false pretenses in Iraq, gentleman’s debate on the Iran amend- cash in his freezer. then they should come and make the ment relative to his comment about Now I don’t agree with their concerns case to the people’s House, the United Iraq. and don’t feel that it is an abrogation States House of Representatives, and The vote on the Iraq resolution was of the Constitution, but I do feel that to the Senate and get the legal author- 296–133. That is a pretty sizable major- ceding our war powers is. ity in order to conduct those actions. ity. In the case of Iraq, the United States So I would urge our colleagues to I have a copy of the Constitution. Congress, I believe, unconstitutionally stand up for our constitutional rights Section 8 of Article I is a very long ar- ceded its authority. We didn’t declare here in the United States House of Rep- ticle, a very long section, and I am not war, we just said the President should resentatives. I know it is a lot easier to sure which provision in here that the do whatever he wanted, whenever he have plausible deniability sometimes gentleman’s amendment is talking wanted, however he wanted. And it and give the President a broad grant of about unless it gets down to the part of hasn’t worked out real well. authority; and if in the end it is section 8 that says to declare war. I as- Article I, section 8, is quite specific skewed, then you can say, they really sume that is what he is talking about. about the authorities reserved for the didn’t exactly tell us the right stuff To declare war in today’s world, pre- Congress. They were worried, the when they launched that war. It would vious wars you had a little time. Even Founders were worried, about the wont be better for us to be very clear about after Pearl Harbor, we had time to re- of kings to engage in foreign adven- the delineation of these authorities, cover and react. Today’s world you tures, so they wanted to restrain the and the House should approve this don’t have that. So I would think you king and retain the authority to raise amendment. would want to be very, very careful the armies, fund the armies, and de- The CHAIRMAN. The question is on about tying the hands of this Congress clare war to the Congress. the amendment offered by the gen- in authorizing whatever was needed to They are very clear in Article II, sec- tleman from New York (Mr. HINCHEY). defend and support the United States tion 2, which says, ‘‘The President The question was taken; and the and the security of the American peo- shall be the Commander in Chief of the Chairman announced that the noes ap- ple. Army and Navy, and of the Militia of peared to have it. I do not want another September 11 the several States, when called into ac- Mr. HINCHEY. Mr. Chairman, I de- on my hands. I don’t want something tual service of the United States.’’ mand a recorded vote. The CHAIRMAN. Pursuant to clause else to happen that is going to kill in- That is, the President had the author- 6 of rule XVIII, further proceedings on nocent Americans, and then have peo- ity to repel sudden attacks, but not the amendment offered by the gen- ple come to me and say, Why didn’t launch a offensive military actions tleman from New York will be post- you do something about it? Why without a declaration of war. poned. weren’t you prepared for it? Why did Now, unfortunately, Mr. Gonzales, you have to wait and go through all of the President’s former counsel, now AMENDMENT OFFERED BY MR. FLAKE the political charades? head of the Justice Department, the Mr. FLAKE. Mr. Chairman, I offer an I don’t think that the American peo- Attorney General, has said he finds amendment. The Clerk read as follows: ple would be very, very happy with this new inherent powers in the President Congress if we didn’t take every step Amendment offered by Mr. FLAKE: in times of war, and he says the Presi- At the end of the bill (before the short necessary to prevent another aircraft dent has constitutional authority as title), insert the following: hijacking and flying into the World Commander in Chief, as the sole organ TITLE X—ADDITIONAL GENERAL Trade Center or something similar, or of the Federal Government in foreign PROVISIONS hijacking an airplane that landed in affairs, to deploy the Armed Forces of SEC. 10001. None of the funds made avail- Pennsylvania or at the Pentagon. I the United States. A formal declara- able in this Act may be used for the Illinois think we better think very carefully tion of war or other authorization from Technology Transition Center. before we, on an appropriations bill, the Congress is not required to enable Mr. FLAKE. Mr. Chairman, my make a major decision like this. the President to undertake the full amendment would prohibit funds in Mr. DEFAZIO. Mr. Chairman, I move range of actions. this bill from being used for the Illinois to strike the last word. This is a total denial of all previous Technology Transition Center, which Just to remember, Khobar Towers, of jurisprudence of the writings around receives $2.5 million in this legislation. course, was perpetrated by Saudi Ara- the Constitutional Convention and ba- The Illinois Technology Transition bians. The Cole and the embassies were sically rendering Congress meaning- Center’s objective is to stimulate en- attacked by al Qaeda, which was based less. terprise growth by helping technology in Afghanistan, led by Osama bin Now, in this House we did have a companies realize their commercial po- Laden, who is still at large and still proud moment after 9/11. On September tential. The center offers entrepre- based in Afghanistan or Pakistan. But 14, we voted with near unanimity, one neurial services, technology transition I am not going to revisit the debate of person dissenting, to go after, essen- support, and commercialization sup- last week about Iraq. tially a declaration of war against the port. What we are going to talk about here Taliban, the perpetrators of 9/11, al Again, this is a defense bill, yet we is the Constitution and the authority Qaeda, and Osama bin Laden. are offering this funding. of the United States Congress. There I support the technology center. I en- seems to be a new-found respect for b 1945 courage growth in it. I think all of us that among the Republican leadership, Now that was a proud moment. And do. It is a great source of entrepreneur- and I appreciate that. we should look back to that, and we ship and innovation. Recently Speaker HASTERT said: ‘‘We should retain those authorities, and we The United States has the largest need to protect the division of powers should safeguard those authorities to and most technologically powerful

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.180 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4302 CONGRESSIONAL RECORD — HOUSE June 20, 2006 economy in the world. Technological And the answer to your question exist in central Illinois because in my progress is responsible for one-half of about Iraq is that one of the tech- district people worked at Caterpillar the growth of the U.S. economy. nologies that is being developed is for years and worked in other indus- Competition is a driving force in this being developed in my hometown of Pe- tries for years. This is the kind of innovation. We all know that free mar- oria by a company called Firefly. And thing that creates opportunities and kets flourish when there is less govern- they are developing a revolutionary jobs and could not come about without ment involvement. battery that will have the opportunity a collaboration between the Defense I am all for seeing the technology to withstand huge amounts of heat and Department and this company that ex- sector in Illinois grow, just as I do hope not become the kind of traditional bat- ists in my district. that it grows in Arizona or any other teries that are currently used. The CHAIRMAN. The time of the State. Now, this would not have been able gentleman from Illinois (Mr. LAHOOD) However, in this defense bill the to come about if it hadn’t been the col- has expired. American taxpayers are being asked to laboration of a private business and the (By unanimous consent, Mr. LAHOOD pay for support services for the private Federal Government coming together was allowed to proceed for 2 additional sector. I don’t think that that is appro- in a collaboration. minutes.) priate in a defense bill. So are some of the technologies that Mr. LAHOOD. This kind of collabora- Our troops are fighting insurgents in are being developed in this center tion could not come about, and these Iraq and Afghanistan. We ought to be being used in Iraq? The answer is yes, jobs, very few at this point, but an op- spending money in the defense bill on they are. portunity for expansion. equipment, on helmets, on body armor, So the point is that there are many And the truth is, the reason that the on other things, rather than sub- innovative approaches that are being Speaker asked for this kind of set-aside sidizing the technological center in one taken here. And this kind of collabora- is because it helps all of us in Illinois. particular State. tion really takes the smart ideas that It creates not only opportunities in I should note I believe the Illinois people in the private sector are using central Illinois but all over the State, Technology Transition Center was es- and trying to develop them with the and it does give hope and opportunity tablished by a contract with the De- public sector. And some revolutionary to people that there are going to be in- partment of the Navy, the Office of things have really come about. And I novative approaches and people can Naval Research, in 2005. But it is also could name at least six or eight of think outside the box and they can col- my understanding that the Office of them, but this is an opportunity for the laborate. Naval Research did not request this private sector to take the lion’s share I yield to the gentleman if he has a earmark for $2.5 million in funding. of the money and collaborate with the question; or if he would like to with- With that, I request support for the public sector. draw the amendment, I would certainly amendment. Many of these innovative approaches entertain that. Mr. LAHOOD. Mr. Chairman, I ask to are being requested by the Defense De- Mr. FLAKE. I would not like to with- have the opportunity to speak against partment. Try them out, test them draw the amendment. I would simply the amendment. out, see if they work, and then send say, and I thank the gentleman for I wonder if the gentleman would take them out to the private sector to be yielding, this is the private sector. I a question. Mr. FLAKE. You bet. funded. And some of these could not would submit that companies in Phoe- Mr. LAHOOD. Do you know who ear- come about without this center. They nix and in St. Louis and in a number of marked this money? would not come about without this cities and centers around the country Mr. FLAKE. I was told by a reporter center. are facing difficulties and are having this morning who it might be. That So I wish the gentleman would have drawdowns, or technology is shifting. was the first time I learned it after I looked into this a little bit further, and The world economy is shifting. had already agreed to offer it. I wish he would appreciate the idea But we can’t simply at any time like Mr. LAHOOD. And the answer to my that what is being developed here could this say, all right, we are going to give question is? not be developed without the oppor- an earmark to that industry or to that Mr. FLAKE. I was told that it was tunity for the public and private sector region. If we do that, there is simply the Speaker who offered it. to work together. not enough money in the Federal budg- Mr. LAHOOD. And so when you were This is an appropriate appropriation et. There is not enough money in the told that, did you think that maybe for the defense bill. That is why it is Federal budget to do what we are you might look into the earmark to see not in any other bill. And it is appro- doing. We are in a deficit. if it had merit and to see if it was a priate, because many of the things that Mr. LAHOOD. I agree with that, Mr. set-aside that might merit further con- are being tested, many of the innova- FLAKE. And that is the reason that this sideration? tive approaches will be used by the De- opportunity exists. Mr. FLAKE. Well, seeing that I had fense Department. It is not a significant amount of already agreed to offer it, I thought Now, I don’t know if the Department money. When you look at the overall that had I agreed to pull back now, I of the Navy requested this or not. I defense budget, this is an insignificant would be looked to favoring one par- don’t know the answer to that. But I amount of money in terms of what it ticularly powerful Member of my know that some of the innovative ap- does in terms of the expansion of jobs, party. proaches have been requested. the expansion of ideas, the expansion of Mr. LAHOOD. The Illinois Tech- The company that I mentioned, Fire- technology, and it does create hope and nology Transition Center is a public- fly, is in direct collaboration with the opportunity for people who really want private collaboration between aca- Defense Department on a regular basis. to do business with the Federal Gov- demia, industry, and government. It And they did ask for Firefly to help ernment and have opportunities for collaborates with the Department of them develop this. Eventually Firefly creating new opportunities for people. Defense, and it has identified innova- will be spending all of the money, and And listen to me, this is a no-brainer. tive technology applications that meet hopefully, what will happen is that And I hope that we can get the House, DOD mission requirements and strives once the battery is in full development, when we come back in to vote on this to take technology from the laboratory it will create jobs in central Illinois, in amendment, to vote down this amend- to use by DOD within 12 to 18 months. my district. ment. This is a very, very good tech- This is an extraordinary opportunity And when people say to me, Con- nology center and it has created lots of for the public and the private to come gressman, what are you going to do opportunities for many, many people. together. The lion’s share of the money about the erosion of the industrial And I urge the House to vote against that funds this is private dollars. It is base? It is to think outside the box. It the Flake amendment. not Federal dollars. It comes from peo- is to take smart people to get them to The CHAIRMAN. The question is on ple who have businesses and people who think outside the box to create oppor- the amendment offered by the gen- want to invest in smart people and tunities that eventually will create tleman from Arizona (Mr. FLAKE). smart ideas. jobs that no one ever thought could The amendment was rejected.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.184 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4303 AMENDMENT OFFERED BY MR. HINCHEY fortunate development of media con- That is according to the L.A. Times of Mr. HINCHEY. Mr. Chairman, I offer solidation, the boundaries between November 30, 2005. an amendment. international and domestic news are There has been much controversy The Clerk read as follows: increasingly fuzzy. There is no guar- over the Pentagon’s dissemination of Amendment offered by Mr. HINCHEY: antee that articles sold by the Lincoln propaganda to foreign media outlets. At the end of the bill (before the short Group to the Iraqi press will exist We appear hypocritical when on one title), insert the following: alone, in a bubble, ignored by other hand we advocate democracy and free- TITLE X—ADDITIONAL GENERAL media outlets. There is an ever-increas- dom in Iraq, including freedom of the PROVISIONS ing likelihood that these stories will press, and on the other hand, we ma- SEC. 10001. None of the funds made avail- able in this Act may be used for any contract make their way into our media, which nipulate the Iraqi press to achieve our with the communications and public rela- directly contradicts our own laws. own aims. This hypocrisy not only tions firm known as the Lincoln Group. These reports are strangely similar damages the United States’ reputation Mr. HINCHEY. Mr. Chairman, late to stories that we were seeing here in abroad, but it places our soldiers in last year a number of American news the United States last year about the greater harm’s way when we come to agencies blew the cover off a covert administration’s developing packaged believe our own propaganda. propaganda operation pursued by the news articles that they paid to have Yet the contract with Lincoln also Department of Defense in Iraq. placed in our own news outlets. I want goes beyond this controversy and is Through this operation, members of to know if the Lincoln Group effort is symptomatic of the familiar problems our Armed Forces write articles and a continuation of that behavior, which with the Pentagon’s use of private con- have them planted in Iraqi newspapers. was strongly condemned by this House. tractors in the war: waste, fraud, and They also engage with private contrac- The program appears to violate a di- abuse. tors to do that as well. rective that was signed by Secretary The Lincoln Group earned its Pen- DOD works with a contractor, the Rumsfeld on October 30, 2003, which re- tagon contracts partially by misrepre- Lincoln Group, who actually pays off stricts psychological operations, or senting its contacts to the Pentagon. Iraqi journalists and publications to PSYOPS, from targeting American au- The group has claimed to have partner- get their words printed in Iraqi news- diences, military personnel, and news ships with major media and advertising papers and other media. agencies or outlets. DOD’s decision to companies, former government offi- According to a November 30 Los An- continue this effort in one country cials and former military officers. Ac- geles Times report, many of the arti- could easily lead to a decision to ex- cording to the New York Times, some cles are presented in the Iraqi press as pand the effort to other countries, a of those companies and individuals say unbiased news accounts written and re- wholly inappropriate idea that is very their associations were fleeting or even ported by independent journalists. The plausible in the current environment. nonexistent. For example, Lincoln stories trumpet the work of U.S. and That needs to be stopped. Group said that it worked with the ad Iraqi troops, denounce insurgents, and And DOD is conducting this program conglomerate Omnicom Group, but tout U.S.-led efforts to rebuild the with a company called the Lincoln Omnicom has no knowledge of such a country. Group, whose beginnings, current ac- relationship. By December 2005, the Lincoln Group tivities, and partnerships are cloaked The Lincoln Group has also run into had paid to plant upwards of 1,000 of in confusion and deception. This problems delivering on work for the these articles in the Iraqi and Arab amendment prevents the Department Pentagon. After earning a contract in media. I was shocked by this revela- of Defense from spending any of the 2004 to get Iraqi publications to run ar- tion, which is completely antithetical money it receives in this bill on con- ticles written by the U.S. military, to what we should really be doing in tracts with the Lincoln Group, its co- Lincoln admitted to the Pentagon that Iraq. In fact, it is completely antithet- conspirator in this inappropriate and it had not yet fully staffed and had not ical to what other U.S. agencies are damaging program. yet acquired necessary media moni- doing in Iraq. I believe this amendment will send a toring software. With one hand we are trying to de- clear signal to the Department of De- According to a former strategic ad- velop a free, fair and independent news fense that Congress and the American viser for the Lincoln Group, they, and media in that country. But with the public do not agree with this adminis- this is a quote, ‘‘The Lincoln Group ap- other, we are manipulating that media tration’s continued efforts to manipu- pear very professional on the surface; and breeding distrust among Iraqis of late the media, especially when those then you dig a little deeper and you their democratic institutions and our efforts jeopardize the safety of our find that they are pretty amateurish.’’ efforts at reconstruction. That distrust troops and the always shaky trust that Well, not only has this amateurish is a direct threat to our troops in Iraq we are fighting to maintain with the work come to this country, it has come and a direct impediment to efforts to Iraqi people. at a not-so-amateurish price of $100 end our involvement in Iraq. I urge my colleagues to support this million. It is also likely that the Lin- This revelation shocked a lot of peo- amendment. coln Group’s contract is in violation of ple across our country. Both Defense Mr. KUCINICH. Mr. Chairman, I a Pentagon directive and maybe even Secretary Rumsfeld and President move to strike the last word. in violation of U.S. law. Bush were reported as being concerned I rise in support of the Hinchey- A recently classified Pentagon direc- about the effort. In fact, National Se- Kucinich amendment, which would pro- tive, signed by Secretary Rumsfeld on curity Advisor Steven Hadley predicted hibit funds from being used in this bill October 30, 2003, prohibited U.S. troops that the program would soon end. to fund Pentagon contracts with the from conducting psychological oper- A USA Today-CNN Gallup poll taken Lincoln Group. ations targeting the news media. Ac- immediately after the program was ex- The Lincoln Group is a controversial cording to one senior Pentagon official, posed showed that nearly 75 percent of PR firm that has been awarded major based on the language of the 2003 direc- Americans thought it was wrong for Pentagon contracts, worth over $100 tive, the Lincoln Group operation the Pentagon to pay Iraqi newspapers million, to help the Pentagon covertly seemed to violate Pentagon policy. for made-up articles. place dozens of pro-U.S. stories, writ- In early March, General Casey an- That from the L.A. Times, January 7, ten by U.S. military ‘‘information op- nounced that an internal review con- 2006. erations’’ troops in Iraqi news outlets. While the Pentagon has initiated two ducted by DOD had concluded that its Lincoln would help write and translate investigations into the Lincoln Group’s own activities were legitimate and these stories and then have them work in relation to this directive, the would continue. Mr. Chairman, these efforts need re- placed in Iraqi newspapers, without re- group’s contract, get this, has not even consideration and careful scrutiny. vealing the Pentagon’s role. Staff for been temporarily suspended. Moreover, the Lincoln Group would even at times if the Pentagon’s dissemination of b 2000 pose as freelance reporters or adver- propaganda for Iraqi media is picked up With the Internet and the round-the- tising executives when delivering prop- by other foreign news organizations, clock news reporting, as well as the un- aganda stories to Iraqi media outlets. like Reuters, for example, it could then

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.186 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4304 CONGRESSIONAL RECORD — HOUSE June 20, 2006 easily be picked up by American news and take those blows, just sit back and sure the committee will continue to do organizations. Yet U.S. law has banned let the enemy throw all of the lies and so if necessary. And Deputy Secretary the Pentagon from propaganda activi- all of the trash that they want to at us of Defense Gordon England has in- ties in the United States since the mid- without fighting back? Not me. Not formed us on the Armed Services Com- 1970s. The Lincoln Group’s work could me. mittee that he is reviewing this matter be in violation of this law. Do not take away one of the tools in very closely. In the meantime, General Now, this is a question of tens of mil- our arsenal: the ability to fight back in Casey in Iraq and the Department of lion of dollars being misspent. It is also a psychological way, because fighting Defense inspector general are both in- a question of official deception, of a for the minds of the people involved are vestigating the use of funds by the Lin- real effort to try to fool the American a big part of our issue. coln Group and by the Rendon Group. people, to try to fool the people of Iraq, If you want to fire the Lincoln The results of the Casey investigation to try to fool the foreign press. Group, do it. If this amendment should are expected to be released in the near Our soldiers know what is going on in pass, and I hope that it does not, and future. Iraq. They know when they read these the Lincoln Group doesn’t get funded, I could only say on behalf of Chair- stories or the stories come to them of what is to say that they do not hire man HUNTER that the Armed Services a totally different situation than what some other firm to do the same thing? Committee will continue to monitor they are living with. They know it is a Specifying a particular company is not closely and will take appropriate ac- lie. what we do in appropriations bills. We tion as needed. We should make our decisions in this do not specify companies for contracts I urge a ‘‘no’’ vote on this Congress based on the truth, not on fic- or projects. We just do not do that. If amendment. tion written by individuals who never you want to fire the Lincoln Group, put The CHAIRMAN. The question is on have to deal with the real reality. in an amendment that says fire the the amendment offered by the gen- Think of how unconscionable this is. Lincoln Group, but do not take away tleman from New York (Mr. HINCHEY). They reveal a garden in the Iraqi media one of the tools in our arsenal of fight- The question was taken; and the while our soldiers are in a desert of ing the battles that we have to fight. Chairman announced that the noes ap- hell. How wrong that is. Mr. SAXTON. Mr. Chairman, I move peared to have it. That is why the Hinchey-Kucinich to strike the last word. Mr. HINCHEY. Mr. Chairman, I de- amendment is important. That is why As I noted earlier today, Mr. Chair- mand a recorded vote. we must prohibit funds in this bill from man, Chairman HUNTER, who is chair- The CHAIRMAN. Pursuant to clause going to the Lincoln Group. man of the Armed Services Committee, 6 of rule XVIII, further proceedings on Mr. YOUNG of Florida. Mr. Chair- is not here today due to an important the amendment offered by the gen- man, I move to strike the last word. personal commitment, and he asked tleman from New York will be post- Mr. Chairman, this is not a good me to state his opposition to this poned. amendment at all. Earlier in the de- amendment. b 2015 bate earlier in the day, I said we should The issue of authorization and fund- not be tying our hands behind our back ing for public affairs and information AMENDMENT OFFERED BY MR. FLAKE with a specific amendment. This operations in Iraq has been monitored Mr. FLAKE. Mr. Chairman, I offer an amendment would disarm part of our and discussed by the Armed Services amendment. arsenal against the enemy. Committee to some length. Informa- The Clerk read as follows: If you do not like the Lincoln Group, tion operations are vital, as our good Amendment offered by Mr. FLAKE: I do not care about that because I have chairman from Florida just pointed At the end of the bill (before the short no idea who they are. And maybe they out. In Iraq the United States faces a title), insert the following: are amateurish, as my friend from Ohio determined enemy that attempts to TITLE X—ADDITIONAL GENERAL suggested. If that is the case, maybe we manipulate the media, often with the PROVISIONS ought to fire the Lincoln Group. But purpose of further endangering U.S. SEC. 10001. None of the funds made avail- let us not stop the ability of the United forces. Chairman HUNTER, in fact, has able in this Act may be used for the North- States and our story to be told to the pledged to hold hearings on this mat- west Manufacturing Initiative. Arab world. ter. Mr. FLAKE. Mr. Chairman, this You have a hard time turning on tel- But let me just point out, as Chair- amendment would prohibit funds in the evision and news stories around here man YOUNG just so eloquently stated, bill from being used for the Northwest that you do not see some of the propa- information dissemination on the bat- Manufacturing Initiative, which re- ganda from al Jazeera put out by tlefield and in the countries that are ceives $2.5 million in this defense bill. Zarqawi, the former Zarqawi, and his affected in a direct way by warfare What is the Northwest Manufac- cohorts. Those messages get spread all such as Iraq is extremely important. turing Initiative? Where is the money over the world. Earlier today we had that in mind going? To the northwest of what? Of In war, psychological war is very im- when Chairman YOUNG led us in opposi- the United States? Of Arizona? Of portant. Is anybody here old enough to tion to an amendment proposed by an- Washington, DC.? remember Tokyo Rose? Mr. HASTINGS other Member because of the message There is no description of this project says he is, and so am I. Tokyo Rose, it sent. Messages in Iraq and other in the committee report. It strikes me who broadcast radio propaganda to our countries torn by war are extremely again, why can’t Members get more in- troops, trying to demoralize them important. As a matter of fact, we de- formation on these projects before- every day, 24 hours a day. Well, are you vote a great deal of time, effort, and hand? We made calls to the Depart- going to just ignore that kind of war- money to train members of our mili- ment of Defense, which funds this ear- fare, or are you going to fight back? tary forces in operations called psycho- mark. They knew nothing. They didn’t We have a story to tell. Mr. KUCINICH logical operations. As a matter of fact, get back to us with anything. Calls talked about the soldiers. Let me tell we used them extensively during the were unanswered. We asked the Appro- you something. I have seen and talked invasion of Iraq, not through the con- priations Committee as well, and we with a lot of wounded soldiers and ma- tractor that is in question here, but couldn’t get anything from the Appro- rines in our hospitals right out here through our military personnel who priations Committee before we filed north of the city, and many of them are trained to do just that. The use of the amendment to be offered here. It complain, Why isn’t our story getting broadcast has traditionally been an im- was only after the amendment was told? They do not believe that our portant part of information operations filed that those who are sponsoring the story is getting told. They hear the as well. earmark called to tell us what the trash that comes out of al Qaeda on al So Chairman HUNTER and the rest of amendment is about. Jazeera that spreads out to all of the us on the Armed Services Committee It is the Northwest portion of the Arab worlds and finds its way back and the Defense Appropriations Com- United States, I come to understand, here to America, as the gentleman con- mittee have paid a lot of attention to and it is a manufacturing initiative, ceded. Are we just going to sit back this matter for many reasons. I am but we don’t know much else about it.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.188 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4305 A few of the Members have been kind from the Northwest who are part of My colleague talked about HemCon; enough to share with me today what this are here. he talked about another company, they are seeking to do. My under- But let me just say that I have been Danner Boots. I could name several standing is that businesses in the struck by, and one of the reasons I companies. There is another company, Northwest, particularly those that con- have been working on this for some Hydration, which allows you with a tract with the United States Govern- time is the ability of small companies membrane to fill water into this ment, the Department of Defense and that I work with to make a difference, CamelBak and give you clean drinking others, some are having difficulty, as and that we have great difficulty in water from the filthiest water you can they are in many parts of the country. terms of scaling and being able to help find. Those are the kind of companies. My question is, why in the defense them perform in this arena. These are small, innovative companies. bill are we offering help to manufac- In my district we have Danner Boots, This is where we get our innovation. turing companies in the Northwest? which far exceeds the capacity of the The Oregon Manufacturing Initiative What about the Southeast or the specifications that the Department of is a key component of the Oregon busi- Southwest? What about companies in Defense requests. Our soldiers would be ness plan and economic development Arizona or California or Colorado? Why safer. In fact, that is the boot of choice plans in communities across Oregon don’t they get similar treatment? How for people who have young men and and southwest Washington. Local, re- does the Federal Government decide, women going to Iraq. gional and State funding has been used We have had the same consortium de- all right, we are going to help manufac- to plan and develop the initiative. turing companies there, but not here? velop HemCon Bandages, which have an amazing capacity to accelerate the As manufacturing has declined in Again, we are picking winners and los- many parts of the Nation, it has be- ers here. It is not the job and should clotting. In fact, it is the consensus that our troops should all be provided come more urgent that small to me- not be the job of the Federal Govern- dium-sized companies are mobilized to ment. with this when they go overseas. We have got small companies that provide the necessary goods demanded I appreciate the fact there are Mem- are dealing with technology that oth- by a modern military and the Nation’s bers here willing to defend this amend- ers are going to speak to that I won’t security. Through the Northwest Man- ment. My good friend Mr. BLUMENAUER go into that are all a part of this con- ufacturing Initiative, the Defense De- is here to do so and others, and I appre- sortium. partment will have a one-stop resource ciate that. In this way we can actually Last but not least, the notion here is when it needs information on what have a dialogue. having skin in the game. Well, this is companies are providing to meet de- Again, sometimes this is the only matched by a 50 percent match by local fense needs or when it seeks critical oversight, the only explanation. This is sources. It is a public-private partner- manufacturing research and develop- it. This is all we get on some of these ship where we are not looking for ment. earmarks. I feel it is important when something that has dropped out of the The Northwest Manufacturing Initia- we are spending taxpayer dollars, par- sky, but is matched by the Federal tive is a regional model designed to ticularly $2.5 million in the defense Government. I think anybody who re- create efficiencies and cost savings. bill, that it is important to know what views this proposal will find that it is While I appreciate the intentions of the it is going for. So I am glad the authors cost-effective, that it is important for gentleman from Arizona, I must urge of the amendment are here, and I look the Defense Department, that it builds my colleagues to oppose this amend- forward to the explanation. on proven technologies and opportuni- ment and ask they support this worth- Mr. BLUMENAUER. Mr. Chairman, I ties and speaks to gaps that need to be while project. rise in opposition to the amendment. filled, and will have application not Mr. BAIRD. Mr. Chairman, I move to Mr. Chairman, I welcome the gentle- just for the Department of Defense, but man’s opportunity to engage in what, strike the last word. for others that work to serve it. Mr. Chairman, I appreciate the in- in fact, the proposal is about, because So, in the interest of time, I will con- there was a rather detailed proposal tent of the gentleman from Arizona, clude on that point and invite anybody but I rise to join my colleagues in ex- that was extended to the Defense Ap- to look at this proposal that has been propriations Subcommittee. It is co- plaining why this is so important. offered by my colleagues from the We have talked about boots, we have sponsored by the entire House delega- Northwest. I think they will be satis- tion, 10 Northwest Representatives and talked about hydration systems. This fied that there will be full value of- same coalition is involved with making Senators, a bipartisan effort, and it is fered, and it is worthy of support. some of the finest combat knives in the dealing with the need to be able to Ms. HOOLEY. Mr. Chairman, I move world; laser sights, laser devices that have a bistate program to help support to strike the last word. a strong defense industrial base. Mr. Chairman, I rise today in opposi- can help protect aviation or even pos- It contributes directly to our na- tion to the amendment offered by the sibly one day shoot down missiles; ad- tional defense. We have outlined how it gentleman from Arizona to strike the hesive armor, to up-armor Humvees in helps in terms of providing research funding for the Northwest Manufac- 4 hours to save our soldiers’ lives. and development on the reliability, turing Initiative. The gentleman from Arizona said we cost-effectiveness and environmental The Northwest Manufacturing Initia- don’t pick winners and losers. In fact, performance of products designed spe- tive encompasses Oregon and south- we do. If you vote against this provi- cifically for the defense marketplace. west Washington. The initiative is or- sion and for your amendment, you will It increases the ability to deal with ganized as a regional coalition, and its pick our soldiers as losers. This is workforce, to provide the products, to purpose is to make the Northwest re- about providing resources to help small expand the reach of high-performance gion’s diverse manufacturing sector a businesses and medium-sized busi- manufacturing techniques, and create stronger contributor to the Nation’s nesses get state-of-the-art equipment more efficient and competitive compa- defense and national security. to our soldiers. nies in the defense sector, and to build The initiative seeks to provide to the I don’t know if you have had the oc- the capacity of small and medium-sized Defense Department a coordinated, re- casion to meet with a midsized growing companies to participate in this mar- gional resource for assessing products business that makes this kind of equip- ketplace. and services being offered by the pri- ment, but talking to them and the This is precisely the sort of thing vate sector that meets our Nation’s fu- challenges they face in working with that I think we would want to have to ture defense needs. A key goal of the defense procurement proposals, defense help the defense opportunities, not just initiative is to increase the contribu- procurement procedures and other in the Pacific Northwest, but to be able tion of the Northwest coast to the Na- needs are very difficult challenges. I to scale it and take it in other parts of tion’s industrial preparedness and secu- think it is entirely appropriate that the country. rity. A focus of this project is to assist the Federal Government participate in I could go on at great length. I will small and medium-sized manufacturers this, along with the match that was de- not, because I have been admonished to become providers of products to de- scribed earlier, because this is a pro- that time is short and because others fense contractors. gram that could well be a model for the

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.193 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4306 CONGRESSIONAL RECORD — HOUSE June 20, 2006 country, that will produce more effec- the technology to quickly detect severe blood AMENDMENT OFFERED BY MR. FLAKE tive business results and better prod- loss or internal bleeding. There is no doubt in Mr. FLAKE. Mr. Chairman, I offer an ucts for our soldiers. my mind that these technologies have and will amendment. One final statement I would just save the lives of Americans at home and The Clerk read as follows: make: We talk in this body a lot about abroad. Amendment offered by Mr. FLAKE: dynamic scoring of tax cuts. There is Another company, InSport, is ensuring that At the end of the bill (before the short title), insert the following: also dynamic scoring of expenditures. I our service members have the best products would submit to the gentleman from TITLE X—ADDITIONAL GENERAL available in combat. InSport has developed PROVISIONS Arizona and to all my colleagues that base layer t-shirts for our military that resist for a small amount of money, we are SEC. 10001. None of the funds made avail- the build up of bacteria that adversely affects able in this Act may be used for the Lewis going to stimulate manufacturing of performance on the battlefield. Center for Education Research. state-of-the-art devices and equipment Yet, despite these innovative companies, Mr. FLAKE. Mr. Chairman, this that will save our soldiers’ lives and challenges remain. Many small defense com- amendment would prevent any funding save this government money over the panies, especially those in manufacturing, from going to the Lewis Center for long run. have trouble finding skilled workers. Educational Research in Apple Valley, This is a good proposal, an innova- The NMI will help train manufacturing work- tive proposal, and good products that California. ers and increase participation of innovative Mr. Chairman, the Lewis Center has will save the lives of our soldiers will companies. It will allow an entire region’s com- hosted more than 100,000 students, result from it. I urge a ‘‘no’’ vote on panies to learn from each other, and more Or- teachers, and parents participating in this amendment. egonians to learn to earn. educational activities. The center’s Mr. DEFAZIO. Mr. Chairman, I move More importantly, it will save the Depart- Web site contains a wish list for fund- to strike the last word. ment of Defense, DOD, time and money by Mr. Chairman, again, this is about ing for three log cabins for third grad- making these manufacturers more efficient public-private partnerships. It is about ers, an amphitheater, a schoolhouse and competitive and, consequently, able to cost-effective and innovative produc- shed, a large water wheel for panning provide better and less expensive products. tion. The large defense manufacturers gold during the gold rush educational Mr. Chairman, I support the Northwest Man- are not exactly known as paragons of fourth grade outreach program, and ufacturing Initiative and I urge my colleagues innovation or cost-effectiveness, so di- similar activities to that. versifying into the small and midsized to oppose this amendment. Mr. Chairman, these are undoubtedly The CHAIRMAN. The question is on businesses in the Pacific Northwest is a worthy educational tools. My question the amendment offered by the gen- great investment for the Federal tax- is this: Why are Federal tax dollars in- tleman from Arizona (Mr. FLAKE). payers, and we are providing vital tended for our national defense being The question was taken; and the products to our troops. Hydration tech- used to fund this type of institution? It Chairman announced that the noes ap- nologies was already mentioned, based seems that corporate sponsors of the peared to have it. in my district. Body armor is produced center abound, including corporations Mr. FLAKE. Mr. Chairman, I demand in my district. We have a stealth boat like JPL, Allied Signal, Boeing, a recorded vote. manufacturer, missile silos up in DAR- Verizon, Lucent Technologies, Lomac The CHAIRMAN. Pursuant to clause LENE’s district. These are all members Information System, Mitsubishi, RFG, 6 of rule XVIII, further proceedings on of the coalition. Night vision goggles, Rockwell Rocketdyne Aerospace. Sure- the amendment offered by the gen- critical to our troops. ly these donations can keep the center So if you support cost-effective, inno- tleman from Arizona will be postponed. in good stead. vative and effective equipment for our AMENDMENT OFFERED BY MS. NORTON The center has already received $3 troops, you will oppose this amend- Ms. NORTON. Mr. Chairman, I offer million in earmarked funds in fiscal ment and support the initiative. an amendment. year 2004 and an additional $2.5 million Mr. WU. Mr. Chairman, I rise in strong op- The Clerk read as follows: in 2005. It looks as if the center is back position to the amendment offered by the gen- Amendment offered by Ms. NORTON: for more in this bill to the tune of $4 tleman from Arizona seeking to cut all $2.5 At the end of the bill (before the short million. million for the Northwest Manufacturing Initia- title), insert the following: The description of the earmark in tive, NMI. TITLE X—ADDITIONAL GENERAL this bill provides no detail on how the I, along with all members of Oregon’s bipar- PROVISIONS $4 million is to be spent on the Lewis tisan House and Senate delegation as well as SEC. 1001. Center. If there is a defense angle for House and Senate members from Wash- None of the funds made available in this Act this earmark, I am simply not seeing ington, asked for funding for NMI because of may be used to enter into or carry out a con- it. Again, it seems as if we are debating its goal to improve the Department of De- tract for the performance by a contractor of the Labor-HHS bill at this point or any base operation support service at Walter some other education bill and not the fense’s industrial base by strengthening the Reed Army Medical Hospital pursuant to the Northwest’s diverse, value-added manufac- public-private competition conducted under defense bill. These may well be worthy turing sector. Office of Management and Budget Circular programs, but should we be funding Through research and development to en- A–76 that was initiated on June 13, 2000, and them with defense dollars? hance the reliability, cost effectiveness and that has the solicitation number DADA 10– I would like to hear justification for performance of defense related products and 03–R–0001. the Federal defense function in this through increasing our ability to train and de- Ms. NORTON. Mr. Chairman, this case. Again, why are we doing this in liver work-ready employees to defense related amendment concerns the Walter Reed the defense bill? These are clearly edu- manufacturing companies, NMI will increase Army Medical Hospital. cational functions. Why should we be and improve the contributions of Northwest Mr. MURTHA. Mr. Chairman, if the taking money that could be spent for companies to the nation’s industrial prepared- gentlewoman will yield, we have no the troops and for the operations in the ness and security. problem with the amendment on our military for things like this? We have seen what innovative and cutting side. Mr. MURTHA. Mr. Chairman, I rise edge technologies can come out of the North- Mr. FRELINGHUYSEN. Mr. Chair- in opposition to the amendment and west to benefit our military: man, we are pleased to accept the ask for a ‘‘no’’ vote. HemCon, located in my Congressional dis- amendment. Mr. FRELINGHUYSEN. Mr. Chair- trict, has developed a new bandage tech- Ms. NORTON. Mr. Chairman, I thank man, earlier this evening Mr. LEWIS nology that has already saved the lives of doz- both gentlemen for accepting my talked extensively in support of ens of U.S. soldiers in Iraq and Afghanistan. amendment. projects and made I think the relation- In fact, the Army Surgeon General has re- ship between education for our young- 2030 quested that every soldier deployed to a com- b sters in math and science and the work bat zone carry a HemCon Bandage in their The CHAIRMAN. The question is on of the U.S. Department of Defense, and first-aid kit. the amendment offered by the gentle- I believe that his comments are on the Similarly, through work being done at woman from the District of Columbia. record and I would like to resubmit iSense in my district, military doctors will have The amendment was agreed to. them in case they are not.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.195 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4307 Mr. LEWIS of California. Mr. Chairman, I The Clerk read as follows: The CHAIRMAN. The question is on welcome the opportunity to inform my col- Amendment offered by Mr. FLAKE: the amendment offered by the gen- leagues on the excellent programs put to- At the end of the bill (before the short tleman from Arizona (Mr. FLAKE). gether by the Center for Education Research title), insert the following: The amendment was rejected. in Apple Valley, California. TITLE X—ADDITIONAL GENERAL Mr. FRELINGHUYSEN. Mr. Chair- First, it is important to remember that the PROVISIONS man, I move to strike the last word. 21st Century Department of Defense is much SEC. 10001. None of the funds made avail- And to clarify Ms. NORTON’s amend- more than weapons programs and soldiers in able in this Act may be used for the Ad- ment, I should have added to it besides barracks. Tens of thousands of our dedicated vanced Law Enforcement Rapid Response we were pleased to accept her amend- men and women in uniform have made a life- Training Program (ALERRT). ment, and the committee looks forward long career of defending their nation. They Mr. FLAKE. Mr. Chairman, this to working with her and the Armed now have families, and it has become our re- amendment would prevent funding Services Committee towards its objec- sponsibility to provide for those families as from going to the Advanced Law En- tive. they move about our nation to meet the needs forcement Rapid Response Training Ms. JACKSON-LEE of Texas. Mr. of our military. Program, or ALERRT program, at Chairman, I move to strike the last Many schools that serve the children of mili- Texas State University in San Marcos, word. tary families have developed high standards of Texas. Let me say that I started out this de- excellence. But not all schools in all places The ALERRT program, as it is bate when I raised the question regard- have met these standards in the past. As the called, provides training for first re- ing the compensation of our soldiers DoD worked to translate these high standards sponders and police officer. It would with my appreciation for both Mr. to other schools, the Center for Education Re- appear that this is not the first ear- MURTHA and Mr. YOUNG. I continue search came forward with a proposed dis- mark appropriated to Texas State Uni- that appreciation because this is a very cipline for science nearly a decade ago. versity for the ALERRT program. Evi- difficult challenge to appropriate funds The heart of this program is the Goldstone- dently, the program has received for a myriad of issues on the Defense Apple Valley Radio Telescope curriculum, $300,000 in the past; now it needs an- Department, including addressing ques- which allows 10,000 students around the other $1 million. tions of humanity, if you will, per- world to take part in NASA research projects I am all for the training of our police sonnel issues, issues dealing with com- by way of the Internet. This program now officers, although it is primarily a bat stress, medical issues dealing with reaches students and teachers in 27 states, function of State and local govern- the research on prosthetics. 14 countries and three territories. ments. However, I understand the Fed- I rise today to discuss an issue that is I want to emphasize that the support of eral Departments of Justice and Home- enormously important to me. It might these students is valued and sought out by land Security grants go toward law en- be that I am a child of the Vietnam NASA researchers. In fact, the students’ ef- forcement agencies. In the defense ap- War and many of my fellow contem- forts have in many cases saved millions of propriations bill why is this a vehicle poraries, my friends, male friends, dollars for Federal science programs by free- for funding for law enforcement train- went off to this war. Some did not ing top researchers from process work and al- ing? Are we not adequately training come back. And I am reminded of the lowing them to do more analysis. our military troops at our Defense De- simple honor that was given the fami- The Center for Excellence was asked last partment facilities? Do we now need to lies as these fallen soldiers came home year to create a comprehensive Internet-based send them to this law enforcement to the American soil. science curriculum and train 500 teachers by training center? If this is the case, I I am reminded also of the visit that the Department of Defense Education Activity would submit that we ought to hold President Ronald Reagan made when program, which is the primary agency helping some hearings on the subject. I should he went to Dover Air Force Base to re- our DoD schools achieve high levels of excel- note that the President did not request ceive the fallen soldiers from the explo- lence. The Stars and Stripes newspaper, and this money. sion in Lebanon. What a moving ex- even DoDEA itself, have featured this program I would submit that it is time for pression to see that. As they first in stories that highlight what we are trying to Congress to be a little more attentive touched American soil, we were there do for our military families. to how we are spending and ear- to say thank you. So I rise to discuss In conclusion, Mr. Chairman, I once again marking valuable defense dollars. an amendment that simply would have want to point out that not all good ideas come Again, we have other appropriations allowed the option of arrival cere- through the bureaucracies that oversee spend- bills, and homeland security certainly monies to be presented for our deceased ing for our federal government. Often those comes up here. This is a function of military personnel returning to or de- bureaucracies hold back ideas that could training local police officers or others parting from Ramstein Air Force Base quickly and dramatically advance the quality of for a local police function. We have or Dover Air Force Base. In particular, services we provide to our constituents—and scarce defense dollars, and we I think the focus would be for those in this case—the families of those who defend shouldn’t be spending them in this coming to Dover Air Force Base where us. way. I hope that we will vote for this many families come to greet their When this happens, these programs need amendment and keep the funding for loved ones. an advocate who can get the agency to en- defense in defense. My amendment does not in any way gage, and see the value of these ideas. I am Mr. YOUNG of Florida. Mr. Chair- or the amendment would not in any proud to be an advocate for a program that man, I am opposed to the amendment. way have banned or eliminated the ban continues to help tens of thousands of kids The type of warfare that we are in- on media coverage of arrival cere- whose parents devote their lives to protecting volved in now is different than army- monies at this time on any returning our nation. against-army or squad-against-squad individuals fallen who have come from The CHAIRMAN. The question is on and actually is an urban type of war- overseas. By continuing the ban on the amendment offered by the gen- fare street-by-street, and seeking out media, I believe it appropriately ad- tleman from Arizona (Mr. FLAKE). individuals who may be in hiding. Law dressed the question and the sensitive The question was taken; and the enforcement does this extremely well. question of the privacy of families. Chairman announced that the noes ap- The FBI or the local police or these But I do note that many come with peared to have it. folks, they do a really good job at this the resolve that their fallen soldier is Mr. FLAKE. Mr. Chairman, I demand because that is what they do, seek out truly a hero. And because of that, they a recorded vote. criminals. It is probably a pretty good deserve an arrival ceremony with The CHAIRMAN. Pursuant to clause idea that we give our military troops America acknowledging that that fall- 6 of rule XVIII, further proceedings on some training from experts who really en soldier is truly a hero and it is all the amendment offered by the gen- know something about how to do this together fitting and proper that there tleman from Arizona will be postponed. street-by-street seeking out terrorists be a pause and a remembrance when AMENDMENT OFFERED BY MR. FLAKE who are in hiding. So I think it does the remains of an American freedom Mr. FLAKE. Mr. Chairman, I offer an have a military application and I am fighter are returned to the land they amendment. opposed to the amendment. gave their bodies to defend.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.078 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4308 CONGRESSIONAL RECORD — HOUSE June 20, 2006 As I mentioned, I am forever re- Force Base in 1983 to welcome home the fall- us as Americans to embrace the widows and minded of that fateful day that Presi- en marines who had been killed in Lebanon. orphans and be able to say to them, thank dent Reagan went on behalf of a grate- Perhaps you recall also that President Jimmy you. ful Nation to Dover Air Force Base to Carter attended arrival ceremonies held at I urge my colleagues to support this amend- welcome the marines who had fallen Dover Air Force Base in Delaware when the ment. and who had been killed in Lebanon. brave Americans who lost their lives in the AMENDMENT #4 TO H.R. 5631, AS REPORTED Perhaps you recall also that Presi- Iran hostage rescue attempt were returned (DEFENSE APPROPRIATIONS, 2007) OFFERED dent Jimmy Carter attended arrival home. Similarly, the first President Bush, BY MS. JACKSON-LEE OF TEXAS ceremonies held at Dover Air Force George H.W. Bush, the 41st President, partici- At the end of the bill (before the Base in Delaware when the brave pated in the arrival ceremony held for the sol- short title), insert the following: Americans who lost their lives in the diers killed in Panama and Lebanon. To most TITLE X—ADDITIONAL GENERAL Iran hostage rescue attempt were re- Americans, welcoming home in a fitting cere- PROVISIONS turned home. mony the men and women who willingly risked SEC. . None of the funds appropriated in Similarly, the first President George all and, sadly, gave their all is only right. It is this Act may be used to implement the pro- H.W. Bush, the first President, partici- vision in Paragraph 4.F of ‘‘Public Affairs a matter of simple justice. Guidance On Casualty and Mortuary Affairs pated in the arrival ceremony held for I was then quite shocked to realize that in Military Operations,’’ (R 311900Z) March soldiers killed in Panama and Lebanon. there is now a policy guidance from the De- 2003, as it relates to barring arrival cere- To most Americans welcoming home, fense Department that directs this government monies for deceased military personnel. it is a fitting ceremony that the men not to honor our soldiers when they come, Ms. JACKSON-LEE of Texas. I would and women who willingly risked all having fallen in battle, back to the soil of the be delighted to yield to the distin- and sadly gave all that they had for United States of America. guished gentleman from Pennsylvania. this country, it is a simple statement Might I share with you the language. ‘‘There Mr. MURTHA. I appreciate what the of justice. And so I had hoped to be will be no arrival ceremonies for or media cov- gentlewoman from Texas said, and I able to offer an amendment to be able erage of deceased military personnel returning hope we can work something out. It is to give guidance to the Defense Depart- to or departing from Ramstein AB or Dover Air always a delicate situation where one ment on behalf of the families of the Force Base.’’ What a shocking statement to family, maybe more than one soldier or fallen and the families of the United make to the Nation, that when our soldiers fall service person comes in at the same States military using the degree of sen- in battle or when they lose their lives as mem- time. But I hope we can work some- sitivity that I think would be appro- bers of the United States military, there is a thing out in line with what she is talk- priate, keeping in place the media blanket order, an across-the-board policy, af- ing about if the family is interested in issue that we would be concerned firmed by the administration in March 2003, doing this. I appreciate what she is about. I am hoping that as we move not to pay honor and tribute to the fallen when saying and the statement and senti- this bill that we will have the oppor- they return. ment behind what she is trying to do. tunity to be able to address this ques- Mr. Chairman, I am not speaking of dis- AMENDMENT OFFERED BY MR. FLAKE tion. respecting family members who desire no Mr. FLAKE. Mr. Chairman, I offer an Before I yield to the gentleman, such formal ceremonies. What I am sug- amendment. might I just cite, and I will yield to the gesting is it should be an option and that there The Clerk read as follows: distinguished gentleman from Pennsyl- should be no blanket barrier that would, in Amendment offered by Mr. FLAKE: vania quickly, that it was Abraham fact, stop the honoring of these soldiers. At the end of the bill (before the short Lincoln who said the loss is doubly I remind you of the words of Abe Lincoln, title), insert the following: great to the families of the fallen for who said the loss is doubly great to the fami- TITLE X—ADDITIONAL GENERAL they have laid so costly a sacrifice on lies of the fallen. For they have laid ‘‘so costly PROVISIONS the altar of freedom. I am hoping that a sacrifice on the altar of freedom.’’ We owe SEC. 10001. None of the funds made avail- we will have the opportunity to have them the respect of this honor, and a grateful able in this Act may be used for the Leonard these arrival ceremonies. Nation should be permitted to show its grati- Wood Research Institute. Ms. JACKSON-LEE of Texas. Mr. Chair- tude. But with this blanket order that suggests Mr. FLAKE. Mr. Chairman, before I man, before I explain my amendment, let me that there can be no arrival ceremony, I be- address this amendment, let me simply express my deep appreciation and gratitude to lieve we denigrate, we deny the opportunity say that I spoke earlier today with Chairman YOUNG and Ranking Member MUR- for honor. Representative CUELLAR. He would THA for their hard work on this bill and for all My colleagues will say that there are indi- have liked to be here to offer a defense the good work they have performed for so vidual ceremonies and funerals and memo- of the last earmark, the Advanced Law long on behalf of the Nation’s soldiers, sailors, rials. And they may be right. But I ask you as Enforcement Rapid Response Training marines, air forces, and all who work to keep Americans and colleagues, how many times program. He offered a spirited defense our Nation safe and free. have we been able to mourn as a Nation the to me today. I still don’t happen to Mr. Chairman, my amendment is simple and soldiers who are in the war on terror, fighting agree with him about the amendment, easy to understand. The amendment simply in places around the world? In these recent but I know he would have liked to be defunds that part of the Department of De- years, we have seen none. We have not hon- here to offer that. And I have enjoyed fense policy that bars arrival ceremonies for ored any publicly. the opportunity to hear about these deceased military personnel returning to Dover Yes, in just 2 weeks from now will be Inde- amendments and to hear them de- Air Force Base. My amendment does not—I pendence Day, but yet we are denied the right fended today as Members have known repeat does not—lift the Defense Department to be able to show our gratitude. My amend- that they are going to be challenged on ban on media coverage of arrival ceremonies ment is intended to comfort the widow and the the floor, and that is what this process or of any returning or departing deceased mili- orphan as President Lincoln enjoined us to do. is all about. tary personnel. By continuing the ban on I believe many of them will find comfort in their Mr. Chairman, this amendment media coverage but permitting arrival cere- hour of loss by the certain knowledge that a would prohibit any funds from the monies my amendment accommodates and grateful Nation remembers. My amendment is Leonard Wood Institute at Fort Leon- balances the interests of those families who on behalf of Americans. ard Wood, Missouri. As many of you wish to have their privacy respected and the Mr. Chairman, let me simply say that in know, Major General Wood led the Nation’s interest in paying fitting tribute to their reading this language, I struggled with the rea- Rough Riders in the Spanish-American fallen heroes who have given the last full son and the premise. Why can’t we join to- war. The Leonard Wood Institute de- measure of devotion on foreign soil. gether as patriots, respecting and recognizing velops, promotes, and manages world- It is altogether fitting and proper that there the young lives that have been sacrificed, by wide collaborations that are related to be a pause and a remembrance when the re- the Reservists, the National Guard and all the the Department of Defense. mains of American freedom fighters are re- service branches on behalf of this Nation? I am all for seeing the Missouri busi- turned to the land they gave their lives to de- Why would you have this kind of prohibition ness sector grow as I would other fend. with no basis, no premise, particularly when States’ business sectors as well, par- I remember when President Reagan, on be- we saw flag-draped coffins being utilized after ticularly Arizona. But it seems to me half of a grateful Nation, traveled to Dover Air the tragedy of 9/11? Why would you not allow that American taxpayers are being

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.202 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4309 asked to spend Federal defense dollars Mr. FLAKE. Mr. Chairman, I demand Obey Ryan (OH) Tauscher on promoting Missouri businesses rath- a recorded vote. Olver Sabo Taylor (MS) Owens Sa´ nchez, Linda Thompson (CA) er than on the war on terror. Again, we The CHAIRMAN. Pursuant to clause Pallone T. Thompson (MS) are picking winners and losers here. I 6 of rule XVIII, further proceedings on Pascrell Sanchez, Loretta Tierney know that there are institutions in Ar- the amendment offered by the gen- Pastor Sanders Towns Paul Schakowsky izona, business sectors everywhere else, tleman from Arizona will be postponed. Udall (CO) Payne Schiff Udall (NM) that would like to get this kind of SEQUENTIAL VOTES POSTPONED IN COMMITTEE Pelosi Scott (GA) Van Hollen Peterson (MN) Serrano funding, $20 million, in the defense bill. OF THE WHOLE Vela´ zquez Price (NC) Slaughter Visclosky b 2045 The CHAIRMAN. Pursuant to clause Rahall Smith (WA) Waters 6 of rule XVIII, proceedings will now Rangel Snyder So why are we choosing one State? Watson resume on those amendments on which Ross Solis Why are we picking the businesses of Rothman Stark Watt that one State as the winners here? further proceedings were postponed, in Roybal-Allard Strickland Woolsey Wu I would ask the chairman of the sub- the following order: Rush Stupak Amendment by Mr. HINCHEY of New committee or the sponsor of the NOES—262 amendment to explain to the taxpayers York regarding Iran. Ackerman Flake Meek (FL) and every other State outside of Mis- Amendment by Mr. HINCHEY of New York regarding the Lincoln Group. Aderholt Foley Melancon souri why we should support this ear- Akin Forbes Mica mark. Frankly, dollars in the defense Amendment by Mr. FLAKE regarding Alexander Fortenberry Miller (FL) bill should go to the war on terror. Northwest Manufacturing Initiative. Bachus Fossella Miller (MI) Amendment by Mr. FLAKE of Arizona Baird Foxx Miller, Gary They ought to go to the troops. They Baker Franks (AZ) Mollohan ought to go for body armor. They regarding Lewis Center. Barrett (SC) Frelinghuysen Murphy ought to go for vehicles, for ammuni- Amendment by Mr. FLAKE of Arizona Barrow Gallegly Murtha regarding Leonard Wood Institute. Barton (TX) Gerlach Musgrave tion, for everything else we spend on Bass Gibbons Myrick defense. I do not believe they ought to The Chair will reduce to 2 minutes Bean Gillmor Neugebauer go to support businesses that are sim- the time for any electronic vote after Beauprez Gingrey Ney the first vote in this series. Berkley Gohmert Northup ply looking for defense contracts or Berman Goode Norwood looking to promote business in one par- AMENDMENT OFFERED BY MR. HINCHEY Biggert Goodlatte Nunes ticular State. The CHAIRMAN. The pending busi- Bilirakis Granger Ortiz Mr. MURTHA. Mr. Chairman, I rise ness is the demand for a recorded vote Bishop (GA) Graves Osborne Bishop (UT) Green (WI) Otter in opposition to the amendment and on the amendment offered by the gen- Blackburn Gutknecht Pearce ask for a ‘‘no’’ vote. tleman from New York (Mr. HINCHEY) Blunt Hall Pence Mr. YOUNG of Florida. Mr. Chair- regarding Iran on which further pro- Boehlert Harris Peterson (PA) man, I move to strike the last word. Boehner Hart Petri ceedings were postponed and on which Bonilla Hastings (FL) Pickering Mr. Chairman, this, it is my under- the noes prevailed by voice vote. Bonner Hastings (WA) Pitts standing, would be the last amendment The Clerk will redesignate the Bono Hayes Platts to be considered on this bill today, and Boozman Hayworth Poe amendment. Boren Hefley Pombo I wanted to just a minute to thank ev- The Clerk redesignated the amend- Boustany Hensarling Pomeroy eryone who participated in the debate. ment. Bradley (NH) Herger Porter Brady (PA) Herseth Price (GA) It has been a lively debate all day. A RECORDED VOTE lot of good arguments were made on Brady (TX) Hobson Pryce (OH) The CHAIRMAN. A recorded vote has Brown (SC) Hoekstra Putnam both sides of the various issues, but it been demanded. Brown-Waite, Hostettler Radanovich is a good example of how intense this Ginny Hoyer Ramstad A recorded vote was ordered. bill really is. It is a very large bill. It Burgess Hulshof Regula The vote was taken by electronic de- Burton (IN) Hyde Rehberg includes an lawful lot of important ma- vice, and there were—ayes 158, noes 262, Buyer Inglis (SC) Reichert terial for the security of our Nation, to not voting 12, as follows: Calvert Israel Renzi provide our troops with the best equip- Camp (MI) Istook Reyes ment possible, to provide them with [Roll No. 300] Campbell (CA) Jenkins Reynolds Cantor Jindal Rogers (AL) the best training possible, to provide AYES—158 Capito Johnson (CT) Rogers (KY) them with the best protective gear pos- Abercrombie Doggett Kildee Cardoza Johnson (IL) Rogers (MI) sible. Allen Doyle Kilpatrick (MI) Carter Johnson, Sam Rohrabacher Andrews Duncan Kind Case Keller Ros-Lehtinen It is a bipartisan bill, one that was Baca Ehlers Kucinich Castle Kelly Royce put together with the cooperation of Baldwin Eshoo Lantos Chabot Kennedy (MN) Ruppersberger all of the Members of both parties on Bartlett (MD) Etheridge Larson (CT) Chocola King (IA) Ryan (WI) the subcommittee. It was approved Becerra Farr Leach Coble King (NY) Ryun (KS) Berry Fattah Lee Cole (OK) Kingston Salazar unanimously by the full committee. I Bishop (NY) Filner Levin Conaway Kirk Saxton want to compliment all the Members, Blumenauer Frank (MA) Lewis (GA) Costa Kline Schmidt especially of the subcommittee, who Boswell Garrett (NJ) Lofgren, Zoe Cramer Knollenberg Schwartz (PA) Boucher Gilchrest Lowey Crenshaw Kolbe Schwarz (MI) worked so hard to make this a good Boyd Gonzalez Lynch Cubin Kuhl (NY) Scott (VA) bill. Brown (OH) Gordon Maloney Cuellar LaHood Sensenbrenner I want to thank the staff who was led Brown, Corrine Green, Al Markey Culberson Langevin Sessions on our side by John Shank and on Mr. Butterfield Green, Gene Matsui Davis (AL) Larsen (WA) Shadegg Capps Grijalva McCarthy Davis (KY) Latham Shaw MURTHA’s side by David Morrison, and Capuano Gutierrez McCollum (MN) Davis (TN) LaTourette Shays the staff that worked with them. They Cardin Harman McDermott Davis, Jo Ann Lewis (CA) Sherman are 24/7 workers, and they are ex- Carnahan Higgins McGovern Davis, Tom Lewis (KY) Sherwood Carson Hinchey McIntyre Deal (GA) Linder Shimkus tremely well-qualified and dedicated to Chandler Hinojosa McKinney Dent Lipinski Shuster the job that they do. Clay Holden McNulty Diaz-Balart, L. LoBiondo Simmons So thank you for a good day, and, Mr. Cleaver Holt Meehan Diaz-Balart, M. Lucas Simpson Chairman, I want to especially com- Clyburn Honda Meeks (NY) Dicks Lungren, Daniel Skelton Conyers Hooley Michaud Doolittle E. Smith (NJ) pliment you on the excellent way that Cooper Inslee Millender- Drake Mack Smith (TX) you have conducted the affairs of the Costello Jackson (IL) McDonald Dreier Manzullo Sodrel committee this afternoon. Crowley Jackson-Lee Miller (NC) Edwards Marchant Souder Cummings (TX) Miller, George Emanuel Matheson Stearns The CHAIRMAN. The question is on Davis (CA) Jefferson Moore (KS) Emerson McCaul (TX) Sullivan the amendment offered by the gen- Davis (IL) Johnson, E. B. Moore (WI) Engel McCotter Sweeney tleman from Arizona (Mr. FLAKE). DeFazio Jones (NC) Moran (KS) English (PA) McCrery Tancredo The question was taken; and the DeGette Jones (OH) Moran (VA) Everett McHenry Tanner Delahunt Kanjorski Nadler Feeney McHugh Taylor (NC) Chairman announced that the noes ap- DeLauro Kaptur Neal (MA) Ferguson McKeon Terry peared to have it. Dingell Kennedy (RI) Oberstar Fitzpatrick (PA) McMorris Thomas

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.204 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4310 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Thornberry Wasserman Whitfield Owens Schakowsky Towns Smith (NJ) Terry Weldon (FL) Tiahrt Schultz Wicker Pallone Schiff Udall (CO) Smith (TX) Thomas Weldon (PA) Tiberi Waxman Wilson (NM) Pascrell Schwartz (PA) Udall (NM) Smith (WA) Thornberry Weller Turner Weiner Wilson (SC) Pastor Scott (GA) Van Hollen Snyder Tiahrt Westmoreland Upton Weldon (FL) Wolf Paul Serrano Vela´ zquez Sodrel Tiberi Whitfield Walden (OR) Weldon (PA) Wynn Payne Sherman Wasserman Souder Turner Wicker Walsh Weller Young (AK) Pelosi Slaughter Schultz Stearns Upton Wilson (NM) Wamp Westmoreland Young (FL) Price (NC) Solis Waters Sullivan Visclosky Wilson (SC) Wexler Sweeney Walden (OR) Wolf Rahall Spratt Watson Rangel Stark Tancredo Walsh Young (AK) Watt NOT VOTING—12 Reyes Strickland Taylor (NC) Wamp Young (FL) Waxman Bilbray Ford Napolitano Rothman Stupak Weiner Cannon Hunter Nussle Rush Tanner NOT VOTING—11 Wexler Davis (FL) Issa Oxley Ryan (OH) Tauscher Cannon Hunter Napolitano Woolsey Evans Marshall Spratt Sa´ nchez, Linda Taylor (MS) Davis (FL) Issa Nussle Wu T. Thompson (CA) Evans Keller Oxley Sanchez, Loretta Thompson (MS) Wynn Ford Marshall b 2112 Sanders Tierney ANNOUNCEMENT BY THE CHAIRMAN Mr. HEFLEY and Mr. POMEROY NOES—268 The CHAIRMAN (during the vote). changed their vote from ‘‘aye’’ to ‘‘no.’’ Aderholt Flake McCaul (TX) Members are advised 1 minute remains Mr. FATTAH, Mr. GILCHREST, Ms. Akin Foley McCotter in this vote. CORRINE BROWN of Florida, Messrs. Alexander Forbes McCrery SERRANO, GARRETT of New Jersey, Andrews Fortenberry McHenry b 2117 BARTLETT of Maryland, COSTELLO, Bachus Fossella McHugh Baird Foxx McKeon So the amendment was rejected. and MOORE of Kansas changed their Baker Frank (MA) McMorris The result of the vote was announced vote from ‘‘no’’ to ‘‘aye.’’ Barrett (SC) Franks (AZ) Meek (FL) as above recorded. So the amendment was rejected. Bartlett (MD) Frelinghuysen Melancon Barton (TX) Gallegly Mica AMENDMENT OFFERED BY MR. FLAKE The result of the vote was announced Bass Garrett (NJ) Miller (FL) as above recorded. Beauprez Gerlach Miller (MI) The CHAIRMAN. The pending busi- AMENDMENT OFFERED BY MR. HINCHEY Berry Gibbons Miller (NC) ness is the demand for a recorded vote Biggert Gilchrest Miller, Gary The Acting CHAIRMAN (Mr. on the amendment offered by the gen- Bilbray Gillmor Mollohan tleman from Arizona (Mr. FLAKE) re- CHOCOLA). The pending business is the Bilirakis Gingrey Moran (KS) demand for a recorded vote on the Bishop (GA) Gohmert Murphy garding Northwest Manufacturing Ini- amendment offered by the gentleman Bishop (UT) Gonzalez Murtha tiative on which further proceedings Blackburn Goode Musgrave were postponed and on which the noes from New York (Mr. HINCHEY) regard- Blunt Goodlatte Myrick prevailed by voice vote. ing the Lincoln Group on which further Boehlert Granger Neugebauer proceedings were postponed and on Boehner Graves Ney The Clerk will redesignate the Bonilla Green (WI) Northup which the noes prevailed by voice vote. amendment. Bonner Gutknecht Norwood The Clerk redesignated the amend- The Clerk will redesignate the Bono Hall Nunes amendment. Boozman Harman Oberstar ment. Boren Harris Obey RECORDED VOTE The Clerk redesignated the amend- Boustany Hart Osborne ment. Bradley (NH) Hastings (WA) Otter The CHAIRMAN. A recorded vote has RECORDED VOTE Brady (PA) Hayes Pearce been demanded. Brady (TX) Hayworth Pence The Acting CHAIRMAN. A recorded A recorded vote was ordered. Brown (SC) Hefley Peterson (MN) The CHAIRMAN. This will be a 2- vote has been demanded. Brown-Waite, Hensarling Peterson (PA) A recorded vote was ordered. Ginny Herger Petri minute vote. Burgess Herseth Pickering The vote was taken by electronic de- The Acting CHAIRMAN. This will be Burton (IN) Higgins Pitts a 2-minute vote. vice, and there were—ayes 56, noes 369, Buyer Hinojosa Platts not voting 7, as follows: The vote was taken by electronic de- Calvert Hobson Poe vice, and there were—ayes 153, noes 268, Camp (MI) Hoekstra Pombo [Roll No. 302] Campbell (CA) Holden Pomeroy AYES—56 not voting 11, as follows: Cantor Hulshof Porter [Roll No. 301] Capito Hyde Price (GA) Barrett (SC) Gibbons Norwood Carnahan Inglis (SC) Pryce (OH) Bass Gohmert Otter AYES—153 Carter Israel Putnam Bean Green (WI) Paul Abercrombie Delahunt Kilpatrick (MI) Case Istook Radanovich Beauprez Hall Pence Ackerman DeLauro Kind Castle Jenkins Ramstad Blackburn Harris Petri Allen Dicks Kucinich Chabot Jindal Regula Bradley (NH) Hayworth Pitts Baca Dingell Lantos Chandler Johnson (CT) Rehberg Brown-Waite, Hefley Poe Baldwin Doggett Larsen (WA) Chocola Johnson (IL) Reichert Ginny Hensarling Price (GA) Barrow Doyle Leach Cleaver Johnson, Sam Renzi Chocola Inglis (SC) Ramstad Bean Duncan Lee Coble Kanjorski Reynolds Cooper Jindal Ryan (WI) Becerra Emanuel Levin Cole (OK) Kelly Rogers (AL) Deal (GA) Jones (NC) Sensenbrenner Berkley Engel Lewis (GA) Conaway Kennedy (MN) Rogers (KY) Duncan Kennedy (MN) Sessions Berman Eshoo Lofgren, Zoe Cramer Kennedy (RI) Rogers (MI) Ehlers King (IA) Shadegg Bishop (NY) Etheridge Lowey Crenshaw King (IA) Rohrabacher Feeney Linder Stearns Blumenauer Farr Lynch Cubin King (NY) Ros-Lehtinen Flake Miller (FL) Tancredo Boswell Filner Maloney Cuellar Kingston Ross Ford Moore (KS) Terry Boucher Gordon Markey Culberson Kirk Roybal-Allard Fossella Musgrave Udall (NM) Boyd Green, Al Matsui Davis (AL) Kline Royce Franks (AZ) Myrick Waxman Brown (OH) Green, Gene McCarthy Davis (KY) Knollenberg Ruppersberger Garrett (NJ) Neugebauer Westmoreland Brown, Corrine Grijalva McCollum (MN) Davis (TN) Kolbe Ryan (WI) Butterfield Gutierrez McDermott Davis, Jo Ann Kuhl (NY) Ryun (KS) NOES—369 Capps Hastings (FL) McGovern Davis, Tom LaHood Sabo Abercrombie Berman Boswell Capuano Hinchey McIntyre Deal (GA) Langevin Salazar Ackerman Berry Boucher Cardin Holt McKinney Dent Larson (CT) Saxton Aderholt Biggert Boustany Cardoza Honda McNulty Diaz-Balart, L. Latham Schmidt Akin Bilbray Boyd Carson Hooley Meehan Diaz-Balart, M. LaTourette Schwarz (MI) Alexander Bilirakis Brady (PA) Clay Hostettler Meeks (NY) Doolittle Lewis (CA) Scott (VA) Allen Bishop (GA) Brady (TX) Clyburn Hoyer Michaud Drake Lewis (KY) Sensenbrenner Andrews Bishop (NY) Brown (OH) Conyers Inslee Millender- Dreier Linder Sessions Baca Bishop (UT) Brown (SC) Cooper Jackson (IL) McDonald Edwards Lipinski Shadegg Bachus Blumenauer Brown, Corrine Costa Jackson-Lee Miller, George Ehlers LoBiondo Shaw Baird Blunt Burgess Costello (TX) Moore (KS) Emerson Lucas Shays Baker Boehlert Burton (IN) Crowley Jefferson Moore (WI) English (PA) Lungren, Daniel Sherwood Baldwin Boehner Butterfield Cummings Johnson, E. B. Moran (VA) Everett E. Shimkus Barrow Bonilla Buyer Davis (CA) Jones (NC) Nadler Fattah Mack Shuster Bartlett (MD) Bonner Calvert Davis (IL) Jones (OH) Neal (MA) Feeney Manzullo Simmons Barton (TX) Bono Camp (MI) DeFazio Kaptur Olver Ferguson Marchant Simpson Becerra Boozman Campbell (CA) DeGette Kildee Ortiz Fitzpatrick (PA) Matheson Skelton Berkley Boren Cantor

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.082 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4311 Capito Hooley Northup Van Hollen Watson Wilson (NM) Conaway Johnson, E. B. Peterson (PA) Capps Hostettler Nunes Vela´ zquez Watt Wilson (SC) Conyers Johnson, Sam Pickering Capuano Hoyer Oberstar Visclosky Weiner Wolf Costa Jones (OH) Platts Cardin Hulshof Obey Walden (OR) Weldon (FL) Woolsey Costello Kanjorski Pombo Cardoza Hyde Olver Walsh Weldon (PA) Wu Cramer Kaptur Pomeroy Carnahan Inslee Ortiz Wamp Weller Wynn Crenshaw Keller Porter Carson Israel Osborne Wasserman Wexler Young (AK) Crowley Kelly Price (NC) Carter Issa Owens Schultz Whitfield Young (FL) Cubin Kennedy (RI) Pryce (OH) Case Istook Pallone Waters Wicker Cuellar Kildee Putnam Castle Jackson (IL) Pascrell Culberson Kilpatrick (MI) Radanovich Chabot Jackson-Lee Pastor NOT VOTING—7 Cummings Kind Rahall Chandler (TX) Payne Cannon Hunter Oxley Davis (AL) King (NY) Ramstad Clay Jefferson Pearce Davis (FL) Napolitano Davis (CA) Kingston Rangel Cleaver Jenkins Pelosi Evans Nussle Davis (IL) Kirk Regula Clyburn Johnson (CT) Peterson (MN) Davis (KY) Knollenberg Rehberg Coble Johnson (IL) Peterson (PA) ANNOUNCEMENT BY THE CHAIRMAN Davis (TN) Kolbe Reichert Cole (OK) Johnson, E. B. Pickering The CHAIRMAN (during the vote). Davis, Jo Ann Kucinich Renzi Conaway Johnson, Sam Platts Members are advised 1 minute remains Davis, Tom Kuhl (NY) Reyes Conyers Jones (OH) Pombo DeFazio LaHood Reynolds Costa Kanjorski Pomeroy in this vote. DeGette Langevin Rogers (AL) Costello Kaptur Porter Delahunt Lantos Rogers (KY) Cramer Keller Price (NC) b 2122 DeLauro Larsen (WA) Rogers (MI) Crenshaw Kelly Pryce (OH) Dent Larson (CT) Rohrabacher Crowley Kennedy (RI) Putnam So the amendment was rejected. Diaz-Balart, L. Latham Ros-Lehtinen Cubin Kildee Radanovich The result of the vote was announced Diaz-Balart, M. LaTourette Ross Cuellar Kilpatrick (MI) Rahall as above recorded. Dicks Leach Rothman Culberson Kind Rangel Dingell Lee Roybal-Allard Cummings King (NY) Regula AMENDMENT OFFERED BY MR. FLAKE Doggett Levin Royce Davis (AL) Kingston Rehberg The CHAIRMAN. The pending busi- Doolittle Lewis (CA) Ruppersberger Davis (CA) Kirk Reichert ness is the demand for a recorded vote Doyle Lewis (GA) Rush Davis (IL) Kline Renzi Drake Lewis (KY) Ryan (OH) Davis (KY) Knollenberg Reyes on the amendment offered by the gen- Dreier Lipinski Ryun (KS) Davis (TN) Kolbe Reynolds tleman from Arizona (Mr. FLAKE) re- Edwards LoBiondo Sabo Davis, Jo Ann Kucinich Rogers (AL) garding Lewis Center on which further Ehlers Lofgren, Zoe Salazar Davis, Tom Kuhl (NY) Rogers (KY) proceedings were postponed and on Emanuel Lowey Sa´ nchez, Linda DeFazio LaHood Rogers (MI) Emerson Lucas T. DeGette Langevin Rohrabacher which the noes prevailed by voice vote. Engel Lungren, Daniel Sanchez, Loretta Delahunt Lantos Ros-Lehtinen The Clerk will redesignate the English (PA) E. Sanders DeLauro Larsen (WA) Ross amendment. Eshoo Lynch Saxton Dent Larson (CT) Rothman Etheridge Mack Schakowsky Diaz-Balart, L. Latham Roybal-Allard The Clerk redesignated the amend- Everett Maloney Schiff Diaz-Balart, M. LaTourette Royce ment. Farr Manzullo Schmidt Dicks Leach Ruppersberger RECORDED VOTE Fattah Marchant Schwartz (PA) Dingell Lee Rush Ferguson Markey Schwarz (MI) Doggett Levin Ryan (OH) The CHAIRMAN. A recorded vote has Filner Marshall Scott (GA) Doolittle Lewis (CA) Ryun (KS) been demanded. Foley Matsui Scott (VA) Doyle Lewis (GA) Sabo A recorded vote was ordered. Forbes McCarthy Serrano Drake Lewis (KY) Salazar The CHAIRMAN. This will be a 2- Fortenberry McCaul (TX) Shaw Dreier Lipinski Sa´ nchez, Linda Foxx McCollum (MN) Shays Edwards LoBiondo T. minute vote. Frank (MA) McCotter Sherman Emanuel Lofgren, Zoe Sanchez, Loretta The vote was taken by electronic de- Frelinghuysen McCrery Sherwood Emerson Lowey Sanders vice, and there were—ayes 50, noes 373, Gallegly McDermott Shimkus Engel Lucas Saxton Gerlach McGovern Shuster English (PA) Lungren, Daniel Schakowsky not voting 9, as follows: Gillmor McHenry Simmons Eshoo E. Schiff [Roll No. 303] Gingrey McHugh Simpson Etheridge Lynch Schmidt AYES—50 Gohmert McIntyre Skelton Everett Mack Schwartz (PA) Gonzalez McKeon Slaughter Farr Maloney Schwarz (MI) Barrett (SC) Garrett (NJ) Norwood Goode McKinney Smith (NJ) Fattah Manzullo Scott (GA) Bass Gibbons Otter Goodlatte McMorris Smith (TX) Ferguson Marchant Scott (VA) Bean Green (WI) Paul Gordon McNulty Smith (WA) Filner Markey Serrano Beauprez Gutknecht Pence Granger Meehan Snyder Fitzpatrick (PA) Marshall Shaw Blackburn Harris Petri Graves Meek (FL) Sodrel Foley Matheson Shays Bradley (NH) Hayworth Pitts Green, Al Meeks (NY) Solis Forbes Matsui Sherman Chabot Hefley Poe Green, Gene Melancon Souder Fortenberry McCarthy Sherwood Chocola Hensarling Price (GA) Grijalva Mica Spratt Cooper Inglis (SC) Foxx McCaul (TX) Shimkus Ryan (WI) Gutierrez Michaud Stark Deal (GA) Jones (NC) Frank (MA) McCollum (MN) Shuster Sensenbrenner Hall Millender- Stearns Frelinghuysen McCotter Simmons Duncan Kennedy (MN) Sessions Harman McDonald Strickland Gallegly McCrery Simpson Feeney King (IA) Hart Miller (FL) Stupak Shadegg Gerlach McDermott Skelton Fitzpatrick (PA) Kline Hastings (FL) Miller (MI) Sweeney Sullivan Gilchrest McGovern Slaughter Flake Linder Hastings (WA) Miller (NC) Tanner Gillmor McHenry Smith (NJ) Ford Matheson Terry Hayes Miller, Gary Tauscher Gingrey McHugh Smith (TX) Fossella Moore (KS) Udall (NM) Herger Miller, George Taylor (MS) Gonzalez McIntyre Smith (WA) Franks (AZ) Neugebauer Westmoreland Herseth Mollohan Taylor (NC) Goode McKeon Snyder Higgins Moore (WI) Thomas Goodlatte McKinney Sodrel NOES—373 Hinchey Moran (KS) Thompson (CA) Gordon McMorris Solis Abercrombie Bishop (NY) Burton (IN) Hinojosa Moran (VA) Thompson (MS) Granger McNulty Souder Ackerman Bishop (UT) Butterfield Hobson Murphy Thornberry Graves Meehan Spratt Aderholt Blumenauer Buyer Hoekstra Murtha Tiahrt Green, Al Meek (FL) Stark Akin Blunt Calvert Holden Musgrave Tiberi Green, Gene Meeks (NY) Strickland Alexander Boehlert Camp (MI) Holt Myrick Tierney Grijalva Melancon Stupak Allen Boehner Campbell (CA) Honda Nadler Towns Gutierrez Mica Sullivan Andrews Bonilla Cantor Hooley Neal (MA) Turner Gutknecht Michaud Sweeney Baca Bonner Capito Hostettler Ney Udall (CO) Harman Millender- Tanner Bachus Bono Capps Hoyer Northup Upton Hart McDonald Tauscher Baird Boozman Capuano Hulshof Nunes Van Hollen Hastings (FL) Miller (MI) Taylor (MS) Baker Boren Cardin Hyde Oberstar Vela´ zquez Hastings (WA) Miller (NC) Taylor (NC) Baldwin Boswell Cardoza Inslee Obey Visclosky Hayes Miller, Gary Thomas Barrow Boucher Carnahan Israel Olver Walden (OR) Herger Miller, George Thompson (CA) Bartlett (MD) Boustany Carson Issa Ortiz Walsh Herseth Mollohan Thompson (MS) Barton (TX) Boyd Carter Istook Osborne Wamp Higgins Moore (WI) Thornberry Becerra Brady (PA) Case Jackson (IL) Owens Wasserman Hinchey Moran (KS) Tiahrt Berkley Brady (TX) Castle Jackson-Lee Pallone Schultz Hinojosa Moran (VA) Tiberi Berman Brown (OH) Chandler (TX) Pascrell Waters Hobson Murphy Tierney Berry Brown (SC) Clay Jefferson Pastor Watson Hoekstra Murtha Towns Biggert Brown, Corrine Cleaver Jenkins Payne Watt Holden Nadler Turner Bilbray Brown-Waite, Clyburn Jindal Pearce Waxman Holt Neal (MA) Udall (CO) Bilirakis Ginny Coble Johnson (CT) Pelosi Weiner Honda Ney Upton Bishop (GA) Burgess Cole (OK) Johnson (IL) Peterson (MN) Weldon (FL)

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.084 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4312 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Weldon (PA) Wilson (NM) Wynn Cardoza Issa Pallone Waxman Whitfield Wu Weller Wilson (SC) Young (AK) Carnahan Istook Pascrell Weiner Wicker Wynn Wexler Wolf Young (FL) Carson Jackson (IL) Pastor Weldon (FL) Wilson (NM) Young (AK) Whitfield Woolsey Carter Jackson-Lee Payne Weldon (PA) Wilson (SC) Young (FL) Wicker Wu Case (TX) Pearce Weller Wolf Chandler Jefferson Pelosi Wexler Woolsey NOT VOTING—9 Clay Jenkins Peterson (MN) Cannon Gilchrest Nussle Cleaver Johnson (CT) Peterson (PA) NOT VOTING—7 Davis (FL) Hunter Oxley Clyburn Johnson (IL) Pickering Cannon Hunter Oxley Evans Napolitano Tancredo Coble Johnson, E. B. Platts Davis (FL) Napolitano Cole (OK) Johnson, Sam Pombo Evans Nussle ANNOUNCEMENT BY THE CHAIRMAN Conaway Jones (OH) Pomeroy The CHAIRMAN (during the vote). Conyers Kanjorski Porter ANNOUNCEMENT BY THE CHAIRMAN Members are advised 1 minute remains Costa Kaptur Price (NC) The CHAIRMAN (during the vote). Costello Keller Pryce (OH) Members are advised 1 minute remains in this vote. Cramer Kelly Putnam Crenshaw Kennedy (RI) Radanovich in this vote. b 2126 Crowley Kildee Rahall Cubin Kilpatrick (MI) Rangel b 2131 Mr. HEFLEY changed his vote from Cuellar Kind Regula Culberson King (NY) Rehberg So the amendment was rejected. ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced So the amendment was rejected. Cummings Kingston Reichert Davis (AL) Kirk Renzi as above recorded. The result of the vote was announced Davis (CA) Kline Reyes The CHAIRMAN. The Clerk will read as above recorded. Davis (IL) Knollenberg Reynolds Davis (KY) Kolbe Rogers (AL) the last 2 lines. AMENDMENT OFFERED BY MR. FLAKE Davis (TN) Kucinich Rogers (KY) The Clerk read as follows: The CHAIRMAN. The pending busi- Davis, Jo Ann Kuhl (NY) Rogers (MI) This Act may be cited as the ‘‘Department ness is the demand for a recorded vote Davis, Tom LaHood Rohrabacher of Defense Appropriations Act, 2007’’. on the amendment offered by the gen- DeFazio Langevin Ros-Lehtinen DeGette Lantos Ross Mr. YOUNG of Florida. Mr. Chair- tleman from Arizona (Mr. FLAKE) re- Delahunt Larsen (WA) Rothman man, I move that the Committee do garding Leonard Wood Research Insti- DeLauro Larson (CT) Roybal-Allard now rise and report the bill back to the tute on which further proceedings were Dent Latham Royce House with sundry amendments, with postponed and on which the noes pre- Diaz-Balart, L. LaTourette Ruppersberger Diaz-Balart, M. Lee Rush the recommendation that the amend- vailed by voice vote. Dicks Levin Ryan (OH) ments be agreed to and that the bill, as The Clerk will redesignate the Dingell Lewis (CA) Ryun (KS) amended, do pass. amendment. Doggett Lewis (GA) Sabo Doolittle Lewis (KY) Salazar The motion was agreed to. The Clerk redesignated the amend- Doyle Lipinski Sa´ nchez, Linda Accordingly, the Committee rose; ment. Drake LoBiondo T. and the Speaker pro tempore (Mr. RECORDED VOTE Dreier Lofgren, Zoe Sanchez, Loretta GILLMOR) having assumed the chair, Edwards Lowey Sanders The CHAIRMAN. A recorded vote has Emanuel Lucas Saxton Mr. CAMP of Michigan, Chairman of the been demanded. Emerson Lynch Schakowsky Committee of the Whole House on the A recorded vote was ordered. Engel Mack Schiff State of the Union, reported that that The CHAIRMAN. This will be a 2- English (PA) Maloney Schmidt Committee, having had under consider- Eshoo Manzullo Schwartz (PA) minute vote. Etheridge Marchant Schwarz (MI) ation the bill (H.R. 5631) making appro- The vote was taken by electronic de- Everett Markey Scott (GA) priations for the Department of De- vice, and there were—ayes 62, noes 363, Farr Marshall Scott (VA) fense for the fiscal year ending Sep- Fattah Matsui Serrano not voting 7, as follows: Ferguson McCarthy Shaw tember 30, 2007, and for other purposes, [Roll No. 304] Filner McCaul (TX) Shays had directed him to report the bill AYES—62 Fitzpatrick (PA) McCollum (MN) Sherman back to the House with sundry amend- Foley McCotter Sherwood ments, with the recommendation that Barrett (SC) Gibbons Norwood Forbes McCrery Shimkus Bass Green (WI) Paul Fortenberry McDermott Shuster the amendments be agreed to and that Bean Gutknecht Pence Foxx McGovern Simmons the bill, as amended, do pass. Beauprez Hall Petri Frank (MA) McHugh Simpson The SPEAKER pro tempore. Pursu- Bilbray Harris Pitts Frelinghuysen McIntyre Skelton ant to House Resolution 877, the pre- Blackburn Hayworth Poe Gallegly McKeon Slaughter Bradley (NH) Hefley Price (GA) Gerlach McKinney Smith (NJ) vious question is ordered. Brown-Waite, Hensarling Ramstad Gilchrest McMorris Smith (TX) Is a separate vote demanded on any Ginny Inglis (SC) Ryan (WI) Gillmor McNulty Smith (WA) Castle Inslee amendment? If not, the Chair will put Sensenbrenner Gingrey Meehan Snyder Chabot Jindal Gohmert Meek (FL) Sodrel them en gros. Sessions Chocola Jones (NC) Gonzalez Meeks (NY) Solis The amendments were agreed to. Shadegg Cooper Kennedy (MN) Goode Melancon Souder Stearns The SPEAKER pro tempore. The Deal (GA) King (IA) Goodlatte Mica Spratt Duncan Leach Sullivan Gordon Michaud Stark question is on the engrossment and Ehlers Linder Tancredo Granger Millender- Strickland third reading of the bill. Feeney Lungren, Daniel Taylor (NC) Graves McDonald Stupak The bill was ordered to be engrossed Flake E. Terry Green, Al Miller (FL) Sweeney and read a third time, and was read the Ford Matheson Udall (NM) Green, Gene Miller (MI) Tanner Fossella McHenry Upton Grijalva Miller (NC) Tauscher third time. Franks (AZ) Musgrave Westmoreland Gutierrez Miller, Gary Taylor (MS) The SPEAKER pro tempore. The Garrett (NJ) Myrick Harman Miller, George Thomas question is on the passage of the bill. Hart Mollohan Thompson (CA) NOES—363 Hastings (FL) Moore (KS) Thompson (MS) Pursuant to clause 10 of rule XX, the Abercrombie Berry Boyd Hastings (WA) Moore (WI) Thornberry yeas and nays are ordered. Ackerman Biggert Brady (PA) Hayes Moran (KS) Tiahrt The vote was taken by electronic de- Aderholt Bilirakis Brady (TX) Herger Moran (VA) Tiberi vice, and there were—yeas 407, nays 19, Akin Bishop (GA) Brown (OH) Herseth Murphy Tierney Alexander Bishop (NY) Brown (SC) Higgins Murtha Towns not voting 6, as follows: Allen Bishop (UT) Brown, Corrine Hinchey Nadler Turner [Roll No. 305] Andrews Blumenauer Burgess Hinojosa Neal (MA) Udall (CO) Baca Blunt Burton (IN) Hobson Neugebauer Van Hollen YEAS—407 Bachus Boehlert Butterfield Hoekstra Ney Vela´ zquez Abercrombie Baker Berman Baird Boehner Buyer Holden Northup Visclosky Ackerman Barrett (SC) Berry Baker Bonilla Calvert Holt Nunes Walden (OR) Aderholt Barrow Biggert Baldwin Bonner Camp (MI) Honda Oberstar Walsh Akin Bartlett (MD) Bilbray Barrow Bono Campbell (CA) Hooley Obey Wamp Alexander Barton (TX) Bilirakis Bartlett (MD) Boozman Cantor Hostettler Olver Wasserman Allen Bass Bishop (GA) Barton (TX) Boren Capito Hoyer Ortiz Schultz Andrews Bean Bishop (NY) Becerra Boswell Capps Hulshof Osborne Waters Baca Beauprez Bishop (UT) Berkley Boucher Capuano Hyde Otter Watson Bachus Becerra Blackburn Berman Boustany Cardin Israel Owens Watt Baird Berkley Blumenauer

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.085 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4313 Blunt Foxx Lungren, Daniel Ryan (OH) Slaughter Udall (CO) SPECIAL ORDERS Boehlert Franks (AZ) E. Ryan (WI) Smith (NJ) Udall (NM) Boehner Frelinghuysen Lynch Ryun (KS) Smith (TX) Upton The SPEAKER pro tempore (Mr. Bonilla Gallegly Mack Sabo Smith (WA) Van Hollen MARCHANT). Under the Speaker’s an- Bonner Garrett (NJ) Maloney Salazar Snyder Vela´ zquez nounced policy of January 4, 2005, and Bono Gerlach Manzullo Sa´ nchez, Linda Sodrel Visclosky Boozman Gibbons Marchant T. Solis Walden (OR) under a previous order of the House, Boren Gilchrest Markey Sanchez, Loretta Souder Walsh the following Members will be recog- Boswell Gillmor Marshall Sanders Spratt Wamp nized for 5 minutes each. Boucher Gingrey Matheson Saxton Stearns Wasserman Boustany Gohmert Matsui Schiff Strickland Schultz f Schmidt Stupak Boyd Gonzalez McCarthy Waters The SPEAKER pro tempore. Under a Schwartz (PA) Sullivan Bradley (NH) Goode McCaul (TX) Waxman Schwarz (MI) Sweeney previous order of the House, the gen- Brady (PA) Goodlatte McCollum (MN) Weiner Scott (GA) Tancredo tleman from New Jersey (Mr. PALLONE) Brady (TX) Gordon McCotter Weldon (FL) Scott (VA) Tanner Brown (OH) Granger McCrery Weldon (PA) is recognized for 5 minutes. McGovern Sensenbrenner Tauscher Brown (SC) Graves Weller (Mr. PALLONE addressed the House. Brown, Corrine Green (WI) McHenry Serrano Taylor (MS) Westmoreland Brown-Waite, Green, Al McHugh Sessions Taylor (NC) His remarks will appear hereafter in Wexler Ginny Green, Gene McIntyre Shadegg Terry the Extensions of Remarks.) Whitfield Burgess Grijalva McKeon Shaw Thomas Wicker f Burton (IN) Gutierrez McKinney Shays Thompson (CA) Wilson (NM) Butterfield Gutknecht McMorris Sherman Thompson (MS) Wilson (SC) TRIBUTE TO FLOYD PATTERSON Buyer Hall McNulty Sherwood Thornberry Wolf Calvert Harman Meehan Shimkus Tiahrt Mr. HINCHEY. Mr. Speaker, I ask Wu Camp (MI) Harris Meek (FL) Shuster Tiberi unanimous consent to speak out of Simmons Tierney Wynn Campbell (CA) Hart Meeks (NY) order. Cantor Hastings (FL) Melancon Simpson Towns Young (AK) Capito Hastings (WA) Mica Skelton Turner Young (FL) The SPEAKER pro tempore. Without Capps Hayes Michaud NAYS—19 objection, the gentleman from New Capuano Hayworth Millender- York is recognized for 5 minutes. Baldwin Lewis (GA) Schakowsky Cardin Hefley McDonald There was no objection. Cardoza Hensarling Miller (FL) Conyers McDermott Stark Carnahan Herger Miller (MI) Filner Moore (WI) Watson Mr. HINCHEY. Mr. Speaker, I ask my Carson Herseth Miller (NC) Flake Olver Watt colleagues here in the House to join me Carter Higgins Miller, Gary Frank (MA) Owens Woolsey Kucinich Paul in celebrating the life of an out- Case Hinchey Miller, George standing American, an American who Castle Hinojosa Mollohan Lee Payne was a boxer and the heavyweight Chabot Hobson Moore (KS) NOT VOTING—6 Chandler Hoekstra Moran (KS) champion of the world. His name was Chocola Holden Moran (VA) Cannon Evans Napolitano Davis (FL) Hunter Nussle Floyd Patterson. He died recently, on Clay Holt Murphy May 11 at the age of 71. Cleaver Honda Murtha 2150 Clyburn Hooley Musgrave b He was a truly outstanding athlete Coble Hostettler Myrick So the bill was passed. and, I think even more importantly, an Cole (OK) Hoyer Nadler The result of the vote was announced incredibly outstanding human being. Conaway Hulshof Neal (MA) Cooper Hyde Neugebauer as above recorded. All of us who had the opportunity to Costa Inglis (SC) Ney A motion to reconsider was laid on know him benefited from that knowl- Costello Inslee Northup the table. edge and our association with him, and Cramer Israel Norwood I am proud to be one of those people Crenshaw Issa Nunes f Crowley Istook Oberstar who knew him well. Cubin Jackson (IL) Obey AUTHORIZING THE CLERK TO Floyd Patterson was born in a rural Cuellar Jackson-Lee Ortiz MAKE CORRECTIONS IN EN- cabin in Waco, North Carolina, one of Culberson (TX) Osborne GROSSMENT OF H.R. 5631, DE- 11 children. When he was still young, Cummings Jefferson Otter PARTMENT OF DEFENSE APPRO- Davis (AL) Jenkins Oxley his family moved to Brooklyn, New Davis (CA) Jindal Pallone PRIATIONS ACT, 2007 York. As a young child there, he strug- Davis (IL) Johnson (CT) Pascrell Mr. YOUNG of Florida. Mr. Speaker, gled in a tough urban environment and Davis (KY) Johnson (IL) Pastor Davis (TN) Johnson, E. B. Pearce I ask unanimous consent that in the as a youngster got into a certain Davis, Jo Ann Johnson, Sam Pelosi engrossment of the bill, H.R. 5631, the amount of trouble. Davis, Tom Jones (NC) Pence Clerk be authorized to make technical He was sent upstate to Wiltwyck Deal (GA) Jones (OH) Peterson (MN) DeFazio Kanjorski Peterson (PA) corrections and conforming changes to School For Boys where, under the prop- DeGette Kaptur Petri the bill. er kind of supervision, he began to turn Delahunt Keller Pickering The SPEAKER pro tempore. Is there his life around. He did so in a very dra- DeLauro Kelly Pitts objection to the request of the gen- matic way. He became associated with Dent Kennedy (MN) Platts Diaz-Balart, L. Kennedy (RI) Poe tleman from Florida? a very important boxing trainer named Diaz-Balart, M. Kildee Pombo There was no objection. Cus D’Amato, and at the age of 17 Dicks Kilpatrick (MI) Pomeroy f Floyd Patterson won a gold medal in Dingell Kind Porter the 1952 Helsinki Olympics, boxing as Doggett King (IA) Price (GA) REPORT ON H.R. 5647, DEPART- Doolittle King (NY) Price (NC) middleweight. Doyle Kingston Pryce (OH) MENTS OF LABOR, HEALTH AND He was known as a ‘‘gentleman Drake Kirk Putnam HUMAN SERVICES, AND EDU- boxer.’’ He was known as a gentleman Dreier Kline Radanovich CATION, AND RELATED AGEN- Duncan Knollenberg Rahall boxer because in the ring he knocked a Edwards Kolbe Ramstad CIES APPROPRIATIONS ACT, 2007 number of people out and a lot of peo- Ehlers Kuhl (NY) Rangel Mr. REGULA, from the Committee ple down, but he always helped them to Emanuel LaHood Regula Emerson Langevin Rehberg on Appropriations, submitted a privi- their feet. Engel Lantos Reichert leged report (Rept. No. 109–515) on the He had an amazing boxing career. In English (PA) Larsen (WA) Renzi bill (H.R. 5647) making appropriations 1956 he became the youngest boxer to Eshoo Larson (CT) Reyes for the Departments of Labor, Health win a world heavyweight champion- Etheridge Latham Reynolds Everett LaTourette Rogers (AL) and Human Services, and Education, ship, and in 1960 he became the first Farr Leach Rogers (KY) and related agencies for the fiscal year boxer to ever regain the world heavy- Fattah Levin Rogers (MI) ending September 30, 2007, and for weight championship. Feeney Lewis (CA) Rohrabacher Ferguson Lewis (KY) Ros-Lehtinen other purposes, which was referred to After an outstanding career in the Fitzpatrick (PA) Linder Ross the Union Calendar and ordered to be ring, where he set an extraordinary ex- Foley Lipinski Rothman printed. ample for other athletes, he eventually Forbes LoBiondo Roybal-Allard The SPEAKER pro tempore. Pursu- retired to a 17-acre farm that he pur- Ford Lofgren, Zoe Royce Fortenberry Lowey Ruppersberger ant to clause 1, rule XXI, all points of chased in New Paltz, New York. While Fossella Lucas Rush order are reserved on the bill. in his retirement, he served as the

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