Daily Whipline

July 30, 2009

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Floor Schedule and Procedure

• Complete Consideration of H.R. 3326 – Department of Defense Appropriations Act, 2010  (Rep. Murtha – Appropriations):  Pursuant to H.Res. 685, further consideration of the bill will proceed as follows:
  
  
  • Debate and possible votes on amendments to the bill.
  • Possible debate and vote on Republican motion to recommit the bill.
  • Vote on final passage of the bill.  Members are urged to VOTE YES.
• H. Res. 691 – Rule providing for consideration of H.R. 2749 – Food Safety Enhancement Act of 2009  (Rep. Slaughter – Rules):  The closed rule provides for one hour of general debate equally divided and controlled by the Chair and Ranking Minority Member of the Committee on Energy and Commerce.  The rule provides that in lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce, the amendment in the nature of a substitute printed in the Rules Committee report accompanying the resolution shall be considered as adopted and the bill, as amended, shall be considered as read.  The rule provides one motion to recommit the bill with or without instructions.  Debate on the rule will be managed by Rep. Slaughter, and consideration will proceed as follows: 
  
  
  • One hour of debate on the rule.
  • Possible vote on a Democratic Motion ordering the previous question. Members are urged to vote yes.
  • Vote on adoption of the rule. Members are urged to vote yes.



• H.R. 2749 – Food Safety Enhancement Act of 2009 (Rep. Dingell – Energy & Commerce):  Pursuant to H.Res. 691, debate on the bill will be managed by Energy & Commerce Committee Chairman Henry Waxman, or his designee.  Consideration of the bill will proceed as follows:
  • One hour of general debate on the bill.
  • Possible debate and vote on Republican motion to recommit the bill.
  • Vote on final passage of the bill.  Members are urged to VOTE YES.

• Postponed Suspension Votes:

1. H.R. 2728 - William Orton Law Library Improvement and Modernization Act (Rep. Lofgren - House Administration)
2. H.R. 1752 - To provide that the usual day for paying salaries in or under the House of Representatives may be established by regulations of the Committee on House Administration (Rep. Brady (PA) - House Administration)
3. H.R. 2510 - Absentee Ballot Track, Receive, and Confirm Act (Rep. Davis (CA) - House Administration)
4. H.Res. 535 - Commending the Congress of Leaders of World and Traditional Religions for calling upon all nations to live in peace and mutual understanding (Rep. Faleomavaega - Foreign Affairs)
5. H.Res. 550 - Recognizing the "Day of the African Child" on June 16, 2009, devoted to the theme of child survival and to emphasize the importance of reducing maternal, newborn, and child deaths in Africa (Rep. Payne - Foreign Affairs)

Bill Summary & Key Issues

Summary of H.R. 3326 – Department of Defense Appropriations Act, 2010

BILL TOTAL

• 2009 Total Enacted: $631.9 billion
• 2010 President’s Request: $640.1 billion
• 2010 Total Bill: $636.3 billion

KEY INVESTMENTS

Keeping Our Commitments to Our Troops and Their Families

Military Pay: The bill provides a 3.4% military pay increase, 0.5% above the request; and $122.4 billion, $7.9 billion above 2009, to fully fund the requested end strength levels for active duty and Selected Reserve personnel.

Compensation for Stop Loss: The bill continues efforts to end the practice of “stop loss” and includes $8.3 million, not requested, to pay troops $500 for every month their term of service will be involuntarily and arbitrarily extended in 2010.

First Class Medical Care: $29.9 billion, $4.1 billion above 2009 and $2 billion above the request, to provide our troops top of the line medical care. This includes $500 million, $128 million above the request, for traumatic brain injury and psychological health. The bill also includes a total of $2.2 billion for the wounded, ill and injured programs. The bill includes $636 million for peer-reviewed research programs: $150 million for breast cancer research; $80 million for prostate cancer research; $30 million for orthopedic research; $25 million for ovarian cancer research; $15 million for spinal cord research; and $10 million for ALS research.

Supporting Military Families: The bill includes $472.4 million for Family Advocacy programs and fully funds Family Support and Yellow Ribbon programs. In addition, the bill includes $20 million for Army National Guard Family Assistance Centers and reintegration.

Readiness Training: $11 billion, $76 million above the request, for critical readiness training so that our troops are prepared to successfully perform their missions.

Military Equipment:

Stryker Combat Vehicles: $613.6 million, $225 million above the request, to procure additional Stryker vehicles, and safety and survivability equipment for the Stryker fleet.

Medium & Heavy Tactical Vehicles: $965.5 million, $193 million below the request, for Medium Tactical Vehicles, and $786.6 million, $26.4 million below the request, for Heavy Tactical Vehicles.

E-2D Hawkeye: $649 million, $142 million above the request, for 3 E-2D Hawkeyes, one above the request, and $362.5 million for the continued development of the E-2D Advanced Hawkeye aircraft.

F-18 Super Hornet: $1.7 billion for 18 F/A-18E/F Super Hornets, nine aircraft above the request - this amount also includes $108 million above the request for a future multi-year procurement of F-18 aircraft - and $1.6 billion, matching the request, for 22 EA-18G Growler electronic attack aircraft.

F-22A Raptor: $368.8 million for the advance procurement of 12 F-22A Raptor aircraft.

V-22 Osprey: $2.6 billion, matching the request, for 30 MV-22s for the Marine Corps and five CV-22s for the Air Force.

F-35 JSF: $5.6 billion, $532 million below the request, to procure 28 F-35 Lightning Aircraft: 14 Short Takeoff and Vertical Landing variants for the Marine Corps, 4 Carrier variants for the Navy, and 10 conventional variants for the Air Force. The bill also includes $4 billion, $430 million above the request, for the continued development of the F-35 and $560 million, not requested, to continue development and initial procurement of the Alternative Engine for the Joint Strike Fighter.

Air Force Cargo Aircraft: $674 million, not requested, for three additional C-17s; $903 million for five C/HC/MC-130Js and advance procurement of 20 C/HC/MC-130s; $319 million for eight C-27Js; $199.2 million for three C-37s, an increase of $132.8 million and two aircraft above the request; and $354 million for three C- 40s, an increase of $200 million and two aircraft above the request.

Unmanned Aerial Vehicles (UAVs): $275 million, $282 million below the request, for two RQ-4 Global Hawks; and $489 million for 24 MQ-9 Reapers.

Military Helicopters: $326 million, as requested, for 54 Light Utility Helicopters, an increase of 10 helicopters above 2009; $1.26 billion, as requested, for 79 UH-60s; $847 million, $35 million below the request, for 26 CH- 47s; $610 million, $100 million below the request, for 24 UH-1Y/AH-1Zs; $241 million, $227 million above the request, for five HH-60M helicopters and modifications to the existing HH-60G fleet; and $485 million, $400 million above the request, to make five VH-71s operational.

Multi-mission Maritime Aircraft: $1.2 billion, $20 million above the request, for the continued development of the Multi-mission Maritime Aircraft.

Next Generation Aerial Refueling Aircraft: $439.6 million for the development of the Next Generation Aerial Refueling Aircraft.

Shipbuilding: $15.8 billion for the procurement of 10 Navy ships including: one DDG-51 Guided Missile Destroyer; one SSN-774 Attack Submarine; four Littoral Combat Ships; two Intra-theater Connector Ships; and two T-AKE Auxiliary Dry Cargo/Ammunition Ships.
The bill also provides $387.5 million, matching the request, to start development of the replacement for the Ohio class ballistic missile submarine; $539 million, matching the request, for the continued development of the DDG-1000 Guided Missile Destroyer; and the final increments of funding for the CVN-78 Aircraft Carrier, the third DDG-1000 Guided Missile Destroyer, and the tenth LPD-17 Amphibious Transport Dock.

Advanced Communications: $1.8 billion, matching the request, for a fourth Advanced Extremely High Frequency communications satellite; $880.9 million, matching the request, for continued development of the Joint Tactical Radio System; and $626.7 million, $425 million above the request, for the Wideband Global System.

Missile Defense: $589 million, matching the request, for the Theater High Altitude Area Defense (THAAD) system and the Standard Missile 3 (SM-3); $569 million, matching the request, to continue development of the Patriot/MEADS Combined Aggregate Program; $50.5 million, matching the request, for Ballistic Missile Defense European Capability; and $638.8 million, matching the request, for Ballistic Missile Defense Sensors Capability.

Future Combat Systems: $2.3 billion for the continued development of the restructured Future Combat Systems Program. This is $211 million below the President’s request, due to excessive termination liability, and $1 billion less than the fiscal year 2009 appropriated amount.

Space: $1.3 billion, $55.7 million above the request, for three Evolved Expendable Launch Vehicles; $122 million, $55 million below the request, for development of the Space Based Space Surveillance System; $389.4 million, $97.4 million below the request; for development of the Global Positioning System III, operational control segment (OCX); and $39 million, $104 million below the request, for the Third Generation Infrared Satellite.

Overseas Deployments and Other Activities

Ongoing Military Operations

$104.2 billion, $1.5 billion above the request, for operations and maintenance, and military personnel requirements for ongoing military operations in Iraq and Afghanistan, and to support preparation to begin withdrawal from Iraq, consistent with President Obama’s plans; including:

$2.6 billion transferred from base DoD funding for military personnel due to the added burden of supporting contingencies in Iraq and Afghanistan; and

$14.6 billion provided for the Overseas Contingency Operations Transfer Fund, to allow DoD budget flexibility due to the highly variable nature of the costs to rebalance US forces between Iraq and Afghanistan, and to begin the redeployment from Iraq. This account carries protections so that the Congressional defense committees have the opportunity to review and approve any funding actions in this account.

$1.2 billion, as requested, for defense health programs to provide medical care to active forces as well as mobilized Reserve Components, and their families. This funding also provides care for combat injuries and other additional support requirements including communications, telemedicine, public health support, and post deployment health assessments.

Equipment and Force Structure: $20.4 billion, $1.8 billion below the request, for equipment used by our service members in Iraq and Afghanistan, including:

$3.6 billion, $1.8 billion below the request, for the Mine Resistant Ambush Protected Vehicle Fund;

$250 million, as requested, for procurement of MQ-1 Predator Unmanned Aerial Vehicles;

$1.25 billion, as requested, for procurement of High Mobility Multi-Purpose Wheeled Vehicles;

$461.7 million, as requested, for procurement of Medium Tactical Vehicles; and

$520.8 million, $102.5 million below the request, for the procurement of Heavy Tactical Vehicles.

Improving Fiscal Responsibility

Reigning in Outsourcing: $5.1 billion, $104 million above the request, to allow defense personnel, not contractors, to perform critical department functions. Additionally, the bill reduces contracted advisory and assistance services by $51 million, and includes general provisions to stop further conversions by the Department of Defense from government functions to contractors.

Inspector General Oversight: $288 million, $17 million above the request, for the Inspector General to hire additional investigators to ensure proper oversight of DoD acquisition and contracting.

Undefinitzied Contracts: The bill contains a provision restricting the use of funds in certain aircraft programs until prior year contracts are fully negotiated and definitized; restoring much needed discipline to the contracting process and providing leverage for the department to achieve the best possible pricing for the taxpayer.

Important Policy Provisions

No Permanent Bases: Continues a general provision prohibiting the establishment of permanent bases in Iraq or Afghanistan.

Report on Iraq Withdrawal: Requires the Secretary of Defense to report on the status, goals and timeline for the redeployment of troops from Iraq.

Torture: Continues a general provision prohibiting the torture of detainees held in US custody.

CERP: Withholds $500 million in funding for the Commanders Emergency Response Program (CERP), until the department develops and submits a comprehensive spending plan.

Guantanamo Bay Detention Facility: Provides no funds for the closure of the detention facility at Guantanamo Naval base.

Amendments to H.R. 3326 – Department of Defense Appropriations Act, 2010   

1. Murtha (Manager’s):  Provides: (1) that $60,199,000 be made available for the Joint POW/MIA Account; (2) $2,000,000 additional funding for the Fisher House for a total of $12,000,000; (3) for redirecting $368,800,000 otherwise available for advance procurement of additional F-22 aircraft, to spare and repair parts including engines for the F-22 and C-17 aircraft, defensive systems, and aircraft weapon systems; (4) a technical revision in the Defense Health Program to shift $26,000,000 from operation and maintenance funding to research, development, test and evaluation; (5) for prohibition of further outsourcing of utility functions at the US Military Academy at West Point; (6) $50,000,000 additional for Chemical Agents and Munitions Destruction, Defense for a total of $401,269,000; (7) for the prohibition of conversion of government owned ammunition plants; and (8) to allow funds to be transferred to the Coast Guard for operating expenses.
   Chairman Obey recommends that Members VOTE YES.


2. Conaway:  Would increase and then decrease the Navy Operations & Maintenance account by $1,000,000 with the intent of entering into a discussion regarding the importance of providing additional funds from operation and maintenance for the Department of the Navy, Financial Improvement Program (FIP) to accelerate the transformation of financial management processes and internal controls.  The actual amendment provides no change to the bill.
   Chairman Obey does not make a vote recommendation.


3. Flake #3: Deletes $160,000,000 in the "Drug Interdiction and Counter-Drug Activities, Defense" which is funded in total at $1,237,684,000.  The Defense Department has had authority to train and equip foreign governments for counter-drug activities since Congress enacted Section 1004 of the 1991 National Defense Authorization Act (NDAA) (P.L.101-510).  This funding will enable the Department of Defense to provide digital communications equipment to our allies in order to fight the increasing drug trade.  Execution of this funding is at the discretion of the Department of Defense.
   Chairman Obey recommends that Members VOTE NO.


4. Sessions: Requires the Secretary of Defense to submit a report to Congress on the use of Hyperbaric Oxygen Therapy (HBOT) within the Department of Defense.  This amendment is consistent with ongoing efforts in the Department of Defense. 
   Chairman Obey recommends that Members VOTE YES.


5. Tierney/Holt: Would strike the $80,000,000 for the Kinetic Energy Interceptor program.  The funding would support the integration of technologies developed in the Missile Defense Agency’s Kinetic Energy Interceptor (KEI) missile program into other missile defense programs.  Eliminating funding for this program abandons a $1.1 billion investment and technologies that have been developed within KEI that may be transferred to remaining missile defense systems.
   Chairman Obey recommends that Members VOTE NO.


6. Flake #1:  Would prohibit $5,000,000 in funding for the Enhanced Shore Readiness Integration.  This funding improves Commander Navy Installations Command (CNIC) shore mission processes and ensures Navy personnel have optimized processes and tools and are prepared to execute the Navy’s missions ashore.  This initiative supports CNIC's Strategic Plan, Total Force Strategy, and Joint Base Leadership efforts.  Rep. Dicks requested this project.
   Chairman Obey recommends that Members VOTE NO.


7. Flake #258: Would prohibit $5,000,000 in funding for Reduced Manning Situational Awareness. This funding provides video surveillance, detection, classification and alerting and has benefits for threat detection, critical infrastructure protection, and other surveillance applications.  Rep. Bill Young requested this project.
   Chairman Obey recommends that Members VOTE NO.


8. Flake #315: Would prohibit $2,200,000 in funding for Body Armor Improved Ballistic Protection,Research and Development. This research and development program will result in the development of improved and lighter weight Body Armor to stop higher velocity rounds.  Development work will also be conducted to provide greater underarm, side, and arm and leg extremity protection.  Rep. Murtha requested this project. 
   Chairman Obey recommends that Members VOTE NO.


9. Flake #389: Would prohibit $3,000,000 for a Gulf Range Mobile Instrumentation Capability. This funding addresses the growing shortfall nation-wide in adequate range space and instrumentation to realistically test today's long-range stand-off weapons.  Rep. Jeff Miller requested this project.
   Chairman Obey recommends that Members VOTE NO.


10. Flake #432:  Would prohibit $1,500,000 in funding for Ultra Low Profile EARS Gunshot Localization System. This funding will improve force protection by producing a covert gunshot localization system which will enhance situational awareness and survivability.  Rep. Jim Moran requested this project.
    Chairman Obey recommends that Members VOTE NO.


11. Flake #439: Would prohibit $2,500,000 for AARGM Counter Air Defense Future Capabilities. This funding works toward enhancing the range and other performance characteristics of the Navy’s anti-radiation guided missile in line with Office of Naval Research goals.  Rep. Mollohan requested this project. 
    Chairman Obey recommends that Members VOTE NO.


12. Flake #449: Would prohibit $8,000,000 for AN/SQL-25D integration.  This funding is important for surface ship defensive systems.  Funding will complete development of a system to integrate ship torpedo detection sensors and processors with torpedo countermeasure components and ship combat systems to provide a torpedo defense system.  Rep. Murtha requested this project. 
    Chairman Obey recommends that Members VOTE NO.


13. Flake #553: This amendment would prohibit funding for 75 specific earmarks. 
    Chairman Obey recommends that Members VOTE NO.


14. Flake (en bloc):  Rep. Flake may offer one en bloc amendment containing all of the 553 earmark-striking amendments he submitted.  All of these amendments strike specific earmarks from the bill.
    Chairman Obey recommends that Members VOTE NO.

 

Two of the following amendments, listed in Part C of the report of the Committee on Rules, will be offered:

1. Campbell #1:  Would prohibit the $3,000,000 in funding for the MGPTS Type III or Rapid Deployable Shelter project and reduce the overall cost of the bill by $3 million.  The funds would procure Rapid Deployable Shelters for the Armed Services based in the US and abroad.  These funds would serve the tent and shelter needs and assist in maintaining the industrial base.  Rep. Hinchey requested this project.
    Chairman Obey recommends that Members VOTE NO.


2. Campbell #2: Would strike $4,500,000 for the production of Miniature Compressors for the Production of the Electronics and Personal Cooling project and reduce the overall cost of the bill by a commensurate amount.  This funding would help establish domestic production of miniature compressors for cooling units used by aircraft aircrews.  Rep. Harold Rogers requested this project.
    Chairman Obey recommends that Members VOTE NO.


3. Campbell #3: Would strike $2,000,000 for the Hybrid Electric Heavy Truck Vehicle project and reduce the overall cost of the bill by a commensurate amount.  This funding would continue existing development efforts for more fuel efficient, cleaner and more easily maintained heavy truck power-train systems.  Rep. Bartlett requested this project. 
    Chairman Obey recommends that Members VOTE NO.


4. Campbell #4: Would strike $2,500,000 for the Sensor Tape Physiological Monitoring project and reduce the overall cost of the bill by a commensurate amount.  This funding supports development of a single-patient-use system for physiological monitoring capable of collecting and assessing soldiers’ bio-functions.  Rep. Bishop requested this project.
   Chairman Obey recommends that Members VOTE NO.


5. Campbell #5:  Would strike $600,000 for the Puget Sound Navy Museum project and reduce the overall cost of the bill by a commensurate amount.  The funding would enable the Navy to continue operating a Naval Historical Center.  Rep. Dicks requested this project.
   Chairman Obey recommends that Members VOTE NO.


6. Campbell #6: Would strike $2,500,000 for the Multi Climate Protection System project and reduce the overall cost of the bill by a commensurate amount. The funding would procure clothing that provides improved safety and comfort for Navy aircrews.  The clothing offers enhanced flame protection, moisture management and wind and water resistance capabilities.  Rep. Rogers (MI) requested this project.      
   Chairman Obey recommends that Members VOTE NO.


7. Campbell #7: Would strike $1,000,000 for the Low Cost Stabilized Turret project and reduce the overall cost of the bill by a commensurate amount.  This funding would improve intelligence surveillance and reconnaissance capabilities for UAV systems by developing a small turret with electro-optical/infrared viewing, high resolution video and a laser rangefinder.  Rep. Crenshaw requested this project.      
   Chairman Obey recommends that Members VOTE NO.


8. Campbell #8: Would strike $1,500,000 for the Model for Green Laboratories and Clean Rooms project and reduce the overall cost of the bill by a commensurate amount.  This funding would provide for the development, renovation, maintenance and testing of environmentally sustainable laboratories, hospitals and clean rooms (for drug development).  Rep. Bishop requested this project. 
   Chairman Obey recommends that Members VOTE NO.


9. Campbell #9: Would strike $1,500,000 for funding for the Westchester County Medical Center project.  This funding would improve and upgrade imaging equipment to ensure state of the art care for our wounded, ill and injured.  Rep. Lowey requested this project. 
   Chairman Obey recommends that Members VOTE NO.
 

Summary of H.R. 2749 – Food Safety Enhancement Act of 2009

• Creates an up-to-date registry of all food facilities serving American consumers: Requires all facilities operating within the U.S. or importing food to the U.S. to register with FDA annually.

• Generates resources to support FDA oversight of food safety: Requires payment of an annual registration fee of $500 per facility that would generate revenue for food safety activities at FDA.

• Prevents food safety problems before they occur: Requires foreign and domestic food facilities to have safety plans in place to identify and mitigate hazards. Safety plans and food facility records would be subject to review by FDA inspectors and third-party certifiers.

• Increases inspections: Sets a minimum inspection frequency for foreign and domestic facilities. Each high risk facility would be inspected at least once every six to 12 months; each low risk facility would be inspected at least once every 18 months to three years; and each warehouse would be inspected at least once every five years. Refusing, impeding or delaying an inspection is prohibited.

• Requires food imports to demonstrate safety: Directs the Secretary to require certain foreign food to be certified as meeting all U.S. food safety requirements by third parties accredited by FDA.

• Creates fast-track import process for food meeting security standards: Directs FDA to develop voluntary safety and security guidelines for imported foods. Importers meeting the guidelines would receive expedited processing.

• Requires safety plans for fresh produce and certain other raw agricultural commodities: Directs FDA, in coordination with USDA, to issue regulations for ensuring the safe production and harvesting of fruits and vegetables and other raw agricultural commodities, like mushrooms.

• Improves traceability: Significantly expands FDA traceback capabilities in the event of a foodborne illness outbreak . Directs the Secretary to issue traceback regulations that enable the Secretary to identify the history of the food in as short a timeframe as practicable, but no longer than two business days. Prior to issuing such regulations, the Secretary would be required to conduct a feasibility study, public meetings, and one or more pilot projects before issuing traceback regulations. There are exemptions for certain foods or facilities.

• Requires country-of-origin labeling: Requires all processed food labels to indicate the country in which final processing occurred. Requires country-of-origin labeling for all produce.

• Expands laboratory testing capacity: Requires FDA to establish a program to recognize laboratory accreditation bodies and to accept test results only from duly accredited laboratories. Requires laboratories to send certain test results directly to FDA.

• Provides strong, flexible enforcement tools: Provides FDA new authority to issue mandatory recalls of tainted foods. Strengthens penalties imposed on food facilities that fail to comply with safety requirements.

• Advances the science of food safety: Directs the Secretary to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary to provide greater coordination between federal, state, and local agencies.

• Enhances transparency of GRAS program: Requires posting on FDA’s website of documentation submitted to FDA in support of a “generally recognized as safe” (GRAS) notification.

• Allows FDA to charge a fee to cover the cost of additional inspections of facilities that previously committed a violation of the Act related to food.

• Infant Formula: Requires that a manufacturer of a new infant formula submit certain safety information regarding new ingredients. Grants FDA additional time to review such new ingredient.

• Enhances FDA’s ability to administratively detain tainted food products.

• Allows the Secretary to prohibit or restrict movement of harmful food products: If the Secretary, after consultation with the Governor, determines there is credible evidence that an article of food presents an imminent threat, he or she would be able to prohibit or restrict movement of food in a state or portion of a state.

• Creates an up-to-date registry of importers: Requires all importers of foods to register with FDA annually and pay a registration fee.

• Requires unique identification numbers for facilities and importers: To improve the accuracy of data and the ability of FDA to more quickly identify involved parties in a crisis situation, creates unique identification numbers for all food facilities and importers.

• Provides protection for whistleblowers that bring attention to important safety information: Prohibits entities regulated by FDA from discriminating against an employee in retaliation for assisting in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of federal law.

• Grants FDA new authority to subpoena records related to possible violations.

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