Panel lays groundwork to buy more fighter jets

Defense bill amendment authorizes $369 million for the advance procurement of 12 F-22s in fiscal 2011.

The House Armed Services Committee early this morning voted unanimously to approve the fiscal 2010 defense authorization bill, sending a measure to the floor that could keep alive the F-22 Raptor fighter jet despite the Pentagon's plans to end the program.

At the tail end of a markup that spanned more than 16 hours, Rep. Rob Bishop, R-Utah, narrowly succeeded in gaining approval of an amendment authorizing $369 million for the advance procurement of 12 F-22s in fiscal 2011.

The offset for the amendment -- which passed, 31-30, with the help of six Democrats -- would come from the defense environmental cleanup fund.

The money essentially would give the Pentagon the option of buying more of the stealthy Lockheed Martin fighter jets. But Defense Secretary Robert Gates, who wants the four F-22s in the pending fiscal 2009 supplemental spending bill to be the last Raptors the Air Force buys, has repeatedly said that the 187 fighters planned are adequate.

The bill authorizes $550.4 billion for the Defense Department, as well as for the Energy Department's nuclear programs. The measure, which passed 61-0, also authorizes $130 billion for ongoing operations in Iraq and Afghanistan.

During the markup, the panel approved language prohibiting the administration from transferring prisoners held at the military's detention center at Guantanamo Bay, Cuba, to the United States until President Obama has a plan mitigating any risks they might pose.

The amendment, offered by House Armed Services Committee Chairman Ike Skelton, D-Mo., also requires the president to consult with governors, the mayor of Washington, and chief executives of U.S. territories and possessions on any efforts to transfer prisoners to their localities.

"Congress will have plenty of time to review his [Obama's] plan before any detainee is moved, and states' rights are preserved by requiring that he consult with state governors before submitting it," Skelton said in a statement.

His amendment is a watered-down alternative to language offered by Rep. Randy Forbes, R-Va., that would have required state legislatures and governors to approve the transfer of any detainee into their states.

Obama wants to close Guantanamo by early next year, but lawmakers -- including many congressional Democrats - have argued that any efforts to transfer detainees to U.S. soil could pose a national security risk.

The language is the latest in a string of congressional efforts to block or delay the move of any detainees to the United States. On Tuesday, the House passed a war supplemental that allows the administration to move detainees to the United States for trial but not permanent detention.

Meanwhile, Rep. Mike Conaway, R-Texas, withdrew his amendment that would have banned release of detainee abuse photos because the Oversight and Government Reform Committee also has jurisdiction over the issue. He could offer it during floor debate on the bill, which is expected next week.

The language was dropped last week from the conference report for the supplemental after Obama issued a letter assuring Senate Democrats he would appeal to the Supreme Court to prevent the release of the photos.

Many members of the House Progressive Caucus oppose the language, which they believe is too broad and would weaken government transparency law.