[Congressional Record Volume 154, Number 80 (Thursday, May 15, 2008)]
[House]
[Pages H3905-H4044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SUPPLEMENTAL APPROPRIATIONS ACT, 2008

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1197, I call from 
the Speaker's table the bill (H.R. 2642) making appropriations for 
military construction, the Department of Veterans Affairs, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Tierney). The Clerk will designate the 
Senate amendment.
  The text of the Senate amendment is as follows:
  Senate amendment:

                               H.R. 2642

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for military 
     construction, the Department of Veterans Affairs, and related 
     agencies for the fiscal year ending September 30, 2008, and 
     for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation,

[[Page H3906]]

     and for construction and operation of facilities in support 
     of the functions of the Commander in Chief, $3,928,149,000, 
     to remain available until September 30, 2012: Provided, That 
     of this amount, not to exceed $317,149,000 shall be available 
     for study, planning, design, architect and engineer services, 
     and host nation support, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

              Military Construction, Navy and Marine Corps

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $2,168,315,000, to remain available until September 30, 2012: 
     Provided, That of this amount, not to exceed $115,258,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,048,518,000, to 
     remain available until September 30, 2012: Provided, That of 
     this amount, not to exceed $64,958,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

                  Military Construction, Defense-Wide


                     (including transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $1,758,755,000, 
     to remain available until September 30, 2012: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred: Provided further, That of the 
     amount appropriated, not to exceed $154,728,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $478,836,000, to remain available until September 30, 2012.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $228,995,000, to remain available until September 30, 2012.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $138,424,000, to remain 
     available until September 30, 2012.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $59,150,000, to remain available until September 30, 
     2012.

                Military Construction, Air Force Reserve


                    (including rescission of funds)

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $27,559,000, to remain 
     available until September 30, 2012: Provided, That of the 
     funds appropriated for ``Military Construction, Air Force 
     Reserve'' under Public Law 109-114, $3,100,000 are hereby 
     rescinded.

                   North Atlantic Treaty Organization


                      security investment program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $201,400,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $419,400,000, to remain available until September 30, 2012.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $742,920,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $288,329,000, to remain available until September 30, 
     2012.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $371,404,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $362,747,000, to remain available until September 30, 2012.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $688,335,000.

         Family Housing Operation and Maintenance, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $48,848,000.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $500,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing and 
     supporting facilities.

          Chemical Demilitarization Construction, Defense-Wide

       For expenses of construction, not otherwise provided for, 
     necessary for the destruction of the United States stockpile 
     of lethal chemical agents and munitions in accordance with 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, as currently authorized by law, 
     $104,176,000, to remain available until September 30, 2012, 
     which shall be only for the Assembled Chemical Weapons 
     Alternatives program.

            Department of Defense Base Closure Account 1990

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $320,689,000, to remain available until expended.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $8,174,315,000, to remain available until 
     expended: Provided, That funds made available under this 
     heading for the construction of facilities are subject to the 
     notification and reprogramming requirements applicable to 
     military construction projects under section 2853 of title 
     10, United States Code, and section 0703 of the Department of 
     Defense Financial Management Regulation of December 1996, 
     including the requirement to obtain the approval of the 
     congressional defense committees prior to executing certain 
     reprogramming actions.

                       Administrative Provisions

       Sec. 101. None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102. Funds made available in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       Sec. 103. Funds made available in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized

[[Page H3907]]

     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104. None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105. None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106. None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       Sec. 107. None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108. None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109. None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110. None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111. None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Sea if that country has not increased its defense 
     spending by at least 3 percent in calendar year 2005, unless 
     such contracts are awarded to United States firms or United 
     States firms in joint venture with host nation firms.
       Sec. 112. None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor: Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent: Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113. The Secretary of Defense is to inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $750,000.
       Sec. 114. Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last two months of the fiscal year.


                     (including transfer of funds)

       Sec. 115. Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116. For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117. Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available, if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.
       Sec. 118. (a) The Secretary of Defense, in consultation 
     with the Secretary of State, shall submit to the Committees 
     on Appropriations of both Houses of Congress, by February 15 
     of each year, an annual report on actions taken by the 
     Department of Defense and the Department of State during the 
     previous fiscal year to encourage host countries to assume a 
     greater share of the common defense burden of such countries 
     and the United States.
       (b) The report under subsection (a) shall include a 
     description of--
       (1) attempts to secure cash and in-kind contributions from 
     host countries for military construction projects;
       (2) attempts to achieve economic incentives offered by host 
     countries to encourage private investment for the benefit of 
     the United States Armed Forces;
       (3) attempts to recover funds due to be paid to the United 
     States by host countries for assets deeded or otherwise 
     imparted to host countries upon the cessation of United 
     States operations at military installations;
       (4) the amount spent by host countries on defense, in 
     dollars and in terms of the percent of gross domestic product 
     (GDP) of the host country; and
       (5) for host countries that are members of the North 
     Atlantic Treaty Organization (NATO), the amount contributed 
     to NATO by host countries, in dollars and in terms of the 
     percent of the total NATO budget.
       (c) In this section, the term ``host country'' means other 
     member countries of NATO, Japan, South Korea, and United 
     States allies bordering the Arabian Sea.


                     (including transfer of funds)

       Sec. 119. In addition to any other transfer authority 
     available to the Department of Defense, proceeds deposited to 
     the Department of Defense Base Closure Account established by 
     section 207(a)(1) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (10 U.S.C. 2687 note) 
     pursuant to section 207(a)(2)(C) of such Act, may be 
     transferred to the account established by section 2906(a)(1) 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note), to be merged with, and to be available for 
     the same purposes and the same time period as that account.


                     (including transfer of funds)

       Sec. 120. Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to: (1) the Department of Defense 
     Family Housing Improvement Fund from amounts appropriated for 
     construction in ``Family Housing'' accounts, to be merged 
     with and to be available for the same purposes and for the 
     same period of time as amounts appropriated directly to the 
     Fund; or (2) the Department of Defense Military Unaccompanied 
     Housing Improvement Fund from amounts appropriated for 
     construction of military unaccompanied housing in ``Military 
     Construction'' accounts, to be merged with and to be 
     available for the same purposes and for the same period of 
     time as amounts appropriated directly to the Fund: Provided, 
     That appropriations made available to the Funds shall be 
     available to cover the costs, as defined in section 502(5) of 
     the Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169 of title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing, military 
     unaccompanied housing, and supporting facilities.
       Sec. 121. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the private sector for 
     military family housing the Secretary of the military 
     department concerned shall submit to the Committees on 
     Appropriations of both Houses of Congress the notice 
     described in subsection (b).
       (b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       (A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       (B) a reduction in force of units stationed at such 
     installation; or
       (C) the extended deployment overseas of units stationed at 
     such installation.
       (2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.


                     (including transfer of funds)

       Sec. 122. In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the accounts established by sections 
     2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
     established by section 1013(d) of the Demonstration Cities 
     and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to 
     pay for expenses associated with the Homeowners Assistance 
     Program. Any amounts transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the fund to which transferred.
       Sec. 123. Notwithstanding this or any other provision of 
     law, funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters: Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification to the Committees 
     on Appropriations of both Houses of Congress, except that an 
     after-the-fact notification shall be submitted if the 
     limitation is exceeded solely due to costs associated with 
     environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission: Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal

[[Page H3908]]

     year: Provided further, That nothing in this section 
     precludes the Secretary of a military department, after 
     notifying the congressional defense committees and waiting 21 
     days, from using funds derived under section 2601, chapter 
     403, chapter 603, or chapter 903 of title 10, United States 
     Code, for the maintenance or repair of general and flag 
     officer quarters at the military service academy under the 
     jurisdiction of that Secretary: Provided further, That each 
     Secretary of a military department shall provide an annual 
     report by February 15 to the congressional defense committees 
     on the amount of funds that were derived under section 2601, 
     chapter 403, chapter 603, or chapter 903 of title 10, United 
     States Code, in the previous year and were obligated for the 
     construction, improvement, repair, or maintenance of any 
     military facility or infrastructure.
       Sec. 124. Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.


                     (including transfer of funds)

       Sec. 125. None of the funds made available in this title, 
     or in any Act making appropriations for military construction 
     which remain available for obligation, may be obligated or 
     expended to carry out a military construction, land 
     acquisition, or family housing project at or for a military 
     installation approved for closure, or at a military 
     installation for the purposes of supporting a function that 
     has been approved for realignment to another installation, in 
     2005 under the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), unless such a project at a military installation 
     approved for realignment will support a continuing mission or 
     function at that installation or a new mission or function 
     that is planned for that installation, or unless the 
     Secretary of Defense certifies that the cost to the United 
     States of carrying out such project would be less than the 
     cost to the United States of cancelling such project, or if 
     the project is at an active component base that shall be 
     established as an enclave or in the case of projects having 
     multi-agency use, that another Government agency has 
     indicated it will assume ownership of the completed project. 
     The Secretary of Defense may not transfer funds made 
     available as a result of this limitation from any military 
     construction project, land acquisition, or family housing 
     project to another account or use such funds for another 
     purpose or project without the prior approval of the 
     Committees on Appropriations of both Houses of Congress. This 
     section shall not apply to military construction projects, 
     land acquisition, or family housing projects for which the 
     project is vital to the national security or the protection 
     of health, safety, or environmental quality: Provided, That 
     the Secretary of Defense shall notify the congressional 
     defense committees within seven days of a decision to carry 
     out such a military construction project.
       Sec. 126. Funds made available by this title for the 
     construction of facilities identified in the State table of 
     the report accompanying this Act as ``Grow the Force'' 
     projects are subject to the notification and reprogramming 
     requirements applicable to military construction projects 
     under section 2853 of title 10, United States Code, and 
     section 0703 of the Department of Defense Financial 
     Management Regulation of December 1996, including the 
     requirement to obtain the approval of the congressional 
     defense committees prior to executing certain reprogramming 
     actions.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                       Veterans Benefits Programs


                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, the Reinstated 
     Entitlement Program for Survivors, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of title 
     IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 540 
     et seq.) and for other benefits as authorized by law (38 
     U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, 
     and 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
     $41,236,322,000, to remain available until expended: 
     Provided, That not to exceed $28,583,000 of the amount 
     appropriated under this heading shall be reimbursed to 
     ``General operating expenses'' and ``Medical administration'' 
     for necessary expenses in implementing the provisions of 
     chapters 51, 53, and 55 of title 38, United States Code, the 
     funding source for which is specifically provided as the 
     ``Compensation and pensions'' appropriation: Provided 
     further, That such sums as may be earned on an actual 
     qualifying patient basis, shall be reimbursed to ``Medical 
     care collections fund'' to augment the funding of individual 
     medical facilities for nursing home care provided to 
     pensioners as authorized.


                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by law (38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), 
     $3,300,289,000, to remain available until expended: Provided, 
     That expenses for rehabilitation program services and 
     assistance which the Secretary is authorized to provide under 
     section 3104(a) of title 38, United States Code, other than 
     under subsection (a)(1), (2), (5), and (11) of that section, 
     shall be charged to this account.


                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by title 38, United States Code, chapter 19; 70 
     Stat. 887; 72 Stat. 487, $41,250,000, to remain available 
     until expended.


         veterans housing benefit program fund program account

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     subchapters I through III of chapter 37 of title 38, United 
     States Code: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     during fiscal year 2008, within the resources available, not 
     to exceed $500,000 in gross obligations for direct loans are 
     authorized for specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $154,562,000.


            Vocational Rehabilitation Loans Program Account

                     (including transfer of funds)

       For the cost of direct loans, $71,000, as authorized by 
     chapter 31 of title 38, United States Code: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That funds made available under 
     this heading are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $3,287,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $311,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


          Native American Veteran Housing Loan Program Account

                     (including transfer of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $628,000.


  guaranteed transitional housing loans for homeless veterans program 
                                account

       For the administrative expenses to carry out the guaranteed 
     transitional housing loan program authorized by subchapter VI 
     of chapter 37 of title 38, United States Code, not to exceed 
     $750,000 of the amounts appropriated by this Act for 
     ``General operating expenses'' and ``Medical services'' may 
     be expended.

                     Veterans Health Administration


                            medical services

                     (including transfer of funds)

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment, food services, and salaries 
     and expenses of health-care employees hired under title 38, 
     United States Code, and aid to State homes as authorized by 
     section 1741 of title 38, United States Code; 
     $28,979,220,000, plus reimbursements: Provided, That of the 
     funds made available under this heading, not to exceed 
     $1,350,000,000 shall remain available until September 30, 
     2009: Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs shall 
     establish a priority for treatment for veterans who are 
     service-connected disabled, lower income, or have special 
     needs: Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs shall 
     give priority funding for the provision of basic medical 
     benefits to veterans in enrollment priority groups 1 through 
     6: Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs may 
     authorize the dispensing of prescription drugs from Veterans 
     Health Administration facilities to enrolled veterans with 
     privately written prescriptions based on requirements 
     established by the Secretary: Provided further, That the 
     implementation of the program described in the previous 
     proviso shall incur no additional cost to the Department of 
     Veterans Affairs: Provided further, That for the Department 
     of Defense/Department of Veterans Affairs Health Care Sharing 
     Incentive Fund, as authorized by section 8111(d) of title 38, 
     United States Code, a minimum of $15,000,000, to remain 
     available until expended, for any purpose authorized by 
     section 8111 of title 38, United States Code.


                         medical administration

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; and administrative and legal expenses of the 
     Department for collecting and recovering amounts owed the 
     Department as authorized under chapter 17 of title 38, United 
     States Code, and Federal Medical Care Recovery Act (42 U.S.C. 
     2651 et seq.): $3,642,000,000, plus reimbursements, of which 
     $250,000,000 shall remain available until September 30, 2009.


                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and

[[Page H3909]]

     domiciliary facilities and other necessary facilities for the 
     Veterans Health Administration; for administrative expenses 
     in support of planning, design, project management, real 
     property acquisition and disposition, construction and 
     renovation of any facility under the jurisdiction or for the 
     use of the Department; for oversight, engineering and 
     architectural activities not charged to project costs; for 
     repairing, altering, improving or providing facilities in the 
     several hospitals and homes under the jurisdiction of the 
     Department, not otherwise provided for, either by contract or 
     by the hire of temporary employees and purchase of materials; 
     for leases of facilities; and for laundry services, 
     $4,092,000,000, plus reimbursements, of which $350,000,000 
     shall remain available until September 30, 2009: Provided, 
     That not less than $350,000,000 for non-recurring maintenance 
     provided under this heading shall be allocated in a manner 
     not subject to the Veterans Equitable Resource Allocation.


                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, $500,000,000, 
     plus reimbursements, to remain available until September 30, 
     2009.

                    National Cemetery Administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $217,709,000, of which not 
     to exceed $25,000,000 shall remain available until September 
     30, 2009.

                      Departmental Administration


                       general operating expenses

                     (including transfer of funds)

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-wide capital 
     planning, management and policy activities, uniforms or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,612,031,000: Provided, That expenses for services and 
     assistance authorized under paragraphs (1), (2), (5), and 
     (11) of section 3104(a) of title 38, United States Code, that 
     the Secretary of Veterans Affairs determines are necessary to 
     enable entitled veterans: (1) to the maximum extent feasible, 
     to become employable and to obtain and maintain suitable 
     employment; or (2) to achieve maximum independence in daily 
     living, shall be charged to this account: Provided further, 
     That the Veterans Benefits Administration shall be funded at 
     not less than $1,329,044,000: Provided further, That of the 
     funds made available under this heading, not to exceed 
     $75,000,000 shall be available for obligation until September 
     30, 2009: Provided further, That from the funds made 
     available under this heading, the Veterans Benefits 
     Administration may purchase up to two passenger motor 
     vehicles for use in operations of that Administration in 
     Manila, Philippines.


                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978, $88,700,000, 
     of which $3,630,000 shall remain available until September 
     30, 2009.


                      construction, major projects

       For constructing, altering, extending and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
     of title 38, United States Code, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $727,400,000, to remain available until expended, of which 
     $2,000,000 shall be to make reimbursements as provided in 
     section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 
     612) for claims paid for contract disputes: Provided, That 
     except for advance planning activities, including needs 
     assessments which may or may not lead to capital investments, 
     and other capital asset management related activities, such 
     as portfolio development and management activities, and 
     investment strategy studies funded through the advance 
     planning fund and the planning and design activities funded 
     through the design fund and CARES funds, including needs 
     assessments which may or may not lead to capital investments, 
     none of the funds appropriated under this heading shall be 
     used for any project which has not been approved by the 
     Congress in the budgetary process: Provided further, That 
     funds provided in this appropriation for fiscal year 2008, 
     for each approved project (except those for CARES activities 
     referenced above) shall be obligated: (1) by the awarding of 
     a construction documents contract by September 30, 2008; and 
     (2) by the awarding of a construction contract by September 
     30, 2009: Provided further, That the Secretary of Veterans 
     Affairs shall promptly report in writing to the Committees on 
     Appropriations of both Houses of Congress any approved major 
     construction project in which obligations are not incurred 
     within the time limitations established above.


                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in section 8104(a)(3)(A) of title 38, United 
     States Code, $751,398,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section for: (1) repairs to any of the nonmedical facilities 
     under the jurisdiction or for the use of the Department which 
     are necessary because of loss or damage caused by any natural 
     disaster or catastrophe; and (2) temporary measures necessary 
     to prevent or to minimize further loss by such causes.


       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131-8137 of title 38, 
     United States Code, $250,000,000, to remain available until 
     expended.


          grants for construction of state veterans cemeteries

       For grants to aid States in establishing, expanding, or 
     improving State veterans cemeteries as authorized by section 
     2408 of title 38, United States Code, $100,000,000, to remain 
     available until expended.


                     information technology systems

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; 
     including pay and associated cost for operations and 
     maintenance associated staff; for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by section 3109 of title 5, United 
     States Code, $1,898,000,000, to remain available until 
     September 30, 2009: Provided, That none of these funds may be 
     obligated until the Department of Veterans Affairs submits to 
     the Committees on Appropriations of both Houses of Congress, 
     and such Committees approve, a plan for expenditure that: (1) 
     meets the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget; (2) complies with the Department of Veterans Affairs 
     enterprise architecture; (3) conforms with an established 
     enterprise life cycle methodology; and (4) complies with the 
     acquisition rules, requirements, guidelines, and systems 
     acquisition management practices of the Federal Government: 
     Provided further, That within 60 days of enactment of this 
     Act, the Secretary of Veterans Affairs shall submit to the 
     Committees on Appropriations of both Houses of Congress a 
     reprogramming base letter which provides, by project, the 
     costs included in this appropriation.

                       Administrative Provisions


                     (including transfer of funds)

       Sec. 201. Any appropriation for fiscal year 2008, in this 
     Act or any other Act, for ``Compensation and pensions'', 
     ``Readjustment benefits'', and ``Veterans insurance and 
     indemnities'' may be transferred as necessary to any other of 
     the mentioned appropriations: Provided, That before a 
     transfer may take place, the Secretary of Veterans Affairs 
     shall request from the Committees on Appropriations of both 
     Houses of Congress the authority to make the transfer and an 
     approval is issued, or absent a response, a period of 30 days 
     has elapsed.


                     (including transfer of funds)

       Sec. 202. Amounts made available for fiscal year 2008, in 
     this Act or any other Act, under the ``Medical services'', 
     ``Medical Administration'', and ``Medical facilities'' 
     accounts may be transferred between the accounts to the 
     extent necessary to implement the restructuring of the 
     Veterans Health Administration accounts: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued.
       Sec. 203. Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code, 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefor, as authorized 
     by sections 5901-5902 of title 5, United States Code.
       Sec. 204. No appropriations in this title (except the 
     appropriations for ``Construction, major projects'', and 
     ``Construction, minor projects'') shall be available for the 
     purchase of any site for the construction of any new hospital 
     or home.
       Sec. 205. No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled under the laws bestowing such 
     benefits to veterans, and persons receiving such treatment

[[Page H3910]]

     under sections 7901-7904 of title 5, United States Code or 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.)), unless 
     reimbursement of cost is made to the ``Medical services'' 
     account at such rates as may be fixed by the Secretary of 
     Veterans Affairs.
       Sec. 206. Appropriations available in this title for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2007.
       Sec. 207. Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.


                     (including transfer of funds)

       Sec. 208. Notwithstanding any other provision of law, 
     during fiscal year 2008, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2008 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2008 which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       Sec. 209. Amounts deducted from enhanced-use lease proceeds 
     to reimburse an account for expenses incurred by that account 
     during a prior fiscal year for providing enhanced-use lease 
     services, may be obligated during the fiscal year in which 
     the proceeds are received.


                     (including transfer of funds)

       Sec. 210. Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $32,067,000 for the 
     Office of Resolution Management and $3,148,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       Sec. 211. No appropriations in this title shall be 
     available to enter into any new lease of real property if the 
     estimated annual rental is more than $300,000 unless the 
     Secretary submits a report which the Committees on 
     Appropriations of both Houses of Congress approve within 30 
     days following the date on which the report is received.
       Sec. 212. No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title: Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required: Provided further, That any amounts so recovered for 
     care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.


                     (including transfer of funds)

       Sec. 213. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) may be deposited into the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       Sec. 214. Amounts made available under ``Medical services'' 
     are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.


                     (including transfer of funds)

       Sec. 215. Such sums as may be deposited to the Medical Care 
     Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to ``Medical 
     services'', to remain available until expended for the 
     purposes of this account.
       Sec. 216. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall allow veterans eligible 
     under existing Department of Veterans Affairs medical care 
     requirements and who reside in Alaska to obtain medical care 
     services from medical facilities supported by the Indian 
     Health Service or tribal organizations. The Secretary shall: 
     (1) limit the application of this provision to rural Alaskan 
     veterans in areas where an existing Department of Veterans 
     Affairs facility or Veterans Affairs-contracted service is 
     unavailable; (2) require participating veterans and 
     facilities to comply with all appropriate rules and 
     regulations, as established by the Secretary; (3) require 
     this provision to be consistent with Capital Asset 
     Realignment for Enhanced Services activities; and (4) result 
     in no additional cost to the Department of Veterans Affairs 
     or the Indian Health Service.


                     (including transfer of funds)

       Sec. 217. Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to section 
     8118 of title 38, United States Code, may be transferred to 
     the ``Construction, major projects'' and ``Construction, 
     minor projects'' accounts, to remain available until expended 
     for the purposes of these accounts.
       Sec. 218. None of the funds made available in this Act may 
     be used to implement any policy prohibiting the Directors of 
     the Veterans Integrated Service Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 219. The Secretary of Veterans Affairs shall submit to 
     the Committees on Appropriations of both Houses of Congress a 
     quarterly report on the financial status of the Veterans 
     Health Administration.


                     (including transfer of funds)

       Sec. 220. Amounts made available under the ``Medical 
     services'', ``Medical Administration'', ``Medical 
     facilities'', ``General operating expenses'', and ``National 
     Cemetery Administration'' accounts for fiscal year 2008, may 
     be transferred to or from the ``Information technology 
     systems'' account: Provided, That before a transfer may take 
     place, the Secretary of Veterans Affairs shall request from 
     the Committees on Appropriations of both Houses of Congress 
     the authority to make the transfer and an approval is issued.


                     (including transfer of funds)

       Sec. 221. For purposes of perfecting the funding sources of 
     the Department of Veterans Affairs' new ``Information 
     technology systems'' account, funds made available for fiscal 
     year 2008, in this or any other Act, may be transferred from 
     the ``General operating expenses'', ``National Cemetery 
     Administration'', and ``Office of Inspector General'' 
     accounts to the ``Medical services'' account: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued.


                     (including transfer of funds)

       Sec. 222. Amounts made available for the ``Information 
     technology systems'' account may be transferred between 
     projects: Provided, That no project may be increased or 
     decreased by more than $1,000,000 of cost prior to submitting 
     a request to the Committees on Appropriations of both Houses 
     of Congress to make the transfer and an approval is issued, 
     or absent a response, a period of 30 days has elapsed.
       Sec. 223. None of the funds available to the Department of 
     Veterans Affairs, in this Act, or any other Act, may be used 
     to replace the current system by which the Veterans 
     Integrated Services Networks select and contract for diabetes 
     monitoring supplies and equipment.
       Sec. 224. Of the amounts made available for fiscal year 
     2008, in this Act or any other Act, under the ``Medical 
     Facilities'' account for non-recurring maintenance, not more 
     than 20 percent of the funds made available shall be 
     obligated during the last two months of the fiscal year.
       Sec. 225. Prohibition on Disposal of Department of Veterans 
     Affairs Lands and Improvements at West Los Angeles Medical 
     Center, California. (a) In General.--The Secretary of 
     Veterans Affairs may not declare as excess to the needs of 
     the Department of Veterans Affairs, or otherwise take any 
     action to exchange, trade, auction, transfer, or otherwise 
     dispose of, or reduce the acreage of, Federal land and 
     improvements at the Department of Veterans Affairs West Los 
     Angeles Medical Center, California, encompassing 
     approximately 388 acres on the north and south sides of 
     Wilshire Boulevard and west of the 405 Freeway.
       (b) Special Provision Regarding Lease With Representative 
     of the Homeless.--Notwithstanding any provision of this Act, 
     section 7 of the Homeless Veterans Comprehensive Services Act 
     of 1992 (Public Law 102-590) shall remain in effect.
       (c) Conforming Amendment.--Section 8162(c)(1) of title 38, 
     United States Code, is amended--
       (1) by inserting ``or section 225(a) of the Military 
     Construction and Veterans Affairs and Related Agencies 
     Appropriations Act, 2008'' after ``section 421(b)(2) of the 
     Veterans' Benefits and Services Act of 1988 (Public Law 100-
     322; 102 Stat. 553)''; and
       (2) by striking ``that section'' and inserting ``such 
     sections''.
       (d) Effective Date.--This section, including the amendment 
     made by this section, shall apply with respect to fiscal year 
     2008 and each fiscal year thereafter.
       Sec. 226. The Department shall continue research into Gulf 
     War Illness at levels not less than those made available in 
     fiscal year 2007, within available funds contained in this 
     Act.

[[Page H3911]]

       Sec. 227. (a) Anonymous Reporting of Waste, Fraud, or 
     Abuse.--Not later than 30 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Veterans Affairs shall establish and maintain 
     on the homepage of the Internet website of the Office of 
     Inspector General a mechanism by which individuals can 
     anonymously report cases of waste, fraud, or abuse with 
     respect to the Department of Veterans Affairs.
       (b) Link to Office of Inspector General From Homepage of 
     Department of Veterans Affairs.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall establish and maintain on the homepage 
     of the Internet website of the Department of Veterans Affairs 
     a direct link to the Internet website of the Office of 
     Inspector General of the Department of Veterans Affairs.
       Sec. 228. (a) Authority for Transfer of Funds to Secretary 
     of Health and Human Services to Train Psychologists.--Upon a 
     determination by the Secretary of Veterans Affairs that such 
     action is in the national interest, the Secretary of Veterans 
     Affairs may transfer not more than $5,000,000 to the 
     Secretary of Health and Human Services for the Graduate 
     Psychology Education Program to support increased training of 
     psychologists skilled in the treatment of post-traumatic 
     stress disorder, traumatic brain injury, and related 
     disorders.
       (b) Limitation on Use of Transferred Funds.--The Secretary 
     of Health and Human Services may only use funds transferred 
     under this section for the purposes described in subsection 
     (a).
       (c) Notification.--The Secretary of Veterans Affairs shall 
     notify Congress of any such transfer of funds under this 
     section.
       Sec. 229. (a) Reports on Reconstruction of Department of 
     Veterans Affairs Medical Center in New Orleans, Louisiana.--
     (1) Not later than October 1 and April 1 each year, the 
     Secretary of Veterans Affairs shall submit to the Committees 
     on Appropriations a report on the current status of the 
     reconstruction of the Department of Veterans Affairs Medical 
     Center in New Orleans, Louisiana. Each report shall include 
     the following:
       (A) The current status of the reconstruction of the Medical 
     Center, including the status of any ongoing environmental 
     assessments, the status of any current construction, and an 
     assessment of the adequacy of funding necessary to complete 
     the reconstruction.
       (B) If reconstruction of the Medical Center is subject to 
     any major delay--
       (i) a description of each such delay;
       (ii) an explanation for each such delay; and
       (iii) a description of the action being taken or planned to 
     address the delay.
       (C) A description of current and anticipated funding for 
     the reconstruction of the Medical Center, including an 
     estimate of any additional funding required for the 
     reconstruction.
       (2) The requirement in paragraph (1) shall cease on the day 
     that the reconstruction of the Medical Center referred to in 
     that paragraph is completed.
       (b) Report on Designation of Department of Veterans Affairs 
     Medical Center in New Orleans as Polytrauma Rehabilitation 
     Center or Polytrauma Network Site.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to the Committees on Appropriations a report 
     setting forth the recommendation of the Secretary as to 
     whether or not the Department of Veterans Affairs Medical 
     Center being reconstructed in new Orleans, Louisiana, should 
     be designated as a tier I polytrauma rehabilitation center or 
     a polytrauma network site.
       Sec. 230. (a) Additional Amount for Medical Services.--The 
     amount appropriated or otherwise made available by this title 
     under the heading ``medical services'' is hereby increased by 
     $125,000,000.
       (b) Availability.--Of the amount appropriated or otherwise 
     made available by this title under the heading ``medical 
     services'', as increased by subsection (a), $125,000,000 
     shall be available for the Veterans Beneficiary Travel 
     Program. The amount available for the Veterans Beneficiary 
     Travel Program under this subsection is in addition to any 
     other amounts available for that program under this title.
       (c) Offset.--The amount appropriated or otherwise made 
     available by this title for the Veterans Health 
     Administration under the heading ``medical administration'' 
     is hereby decreased by $125,000,000.
       Sec. 231. (a) Report on Access to Medical Services Provided 
     by Department of Veterans Affairs to Veterans in Remote Rural 
     Areas.--Not later than six months after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report setting forth the 
     following:
       (1) A description of the following:
       (A) The unique challenges and costs faced by veterans in 
     remote rural areas of contiguous and non-contiguous States 
     when obtaining medical services from the Department of 
     Veterans Affairs.
       (B) The need to improve access to locally-administered care 
     for veterans who reside in remote rural areas.
       (C) The need to fund alternative sources of medical 
     services--
       (i) in areas where facilities of the Department of Veterans 
     Affairs are not accessible to veterans without leaving such 
     areas; and
       (ii) in cases in which receipt of medical services by a 
     veteran in a facility of the Department requires 
     transportation of such veteran by air due to geographic and 
     infrastructural constraints.
       (2) An assessment of the potential for increasing local 
     access to medical services for veterans in remote rural areas 
     of contiguous and non-contiguous States through strategic 
     partnerships with other government and local private health 
     care providers.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Veterans' Affairs of the Senate and 
     the House of Representatives; and
       (2) the Subcommittees referred to in section 407.
       Sec. 232. None of the funds appropriated or otherwise made 
     available by this Act may be used during fiscal year 2008 to 
     round down dollar amounts to the next lower whole dollar for 
     payments of the following:
       (1) Disability compensation under section 1114 of 38, 
     United States Code.
       (2) Additional compensation for dependents under section 
     1115(1) of such title.
       (3) Clothing allowance under section 1162 of such title.
       (4) Dependency and indemnity compensation to surviving 
     spouse under subsections (a) through (d) of section 1311 of 
     such title.
       (5) Dependency and indemnity compensation to children under 
     sections 1313(a) and 1314 of such title.
       Sec. 233. None of the funds appropriated or otherwise made 
     available by this Act or any other Act for the Department of 
     Veterans Affairs may be used in a manner that is inconsistent 
     with--
       (1) section 842 of the Transportation, Treasury, Housing 
     and Urban Development, the Judiciary, and Independent 
     Agencies Appropriations Act, 2006 (Public Law 109-115; 119 
     Stat. 2506); or
       (2) section 8110(a)(5) of title 38, United States Code.
       Sec. 234. Lieutenant Colonel Clement C. Van Wagoner 
     Department of Veterans Affairs Clinic. (a) Designation.--The 
     Department of Veterans Affairs clinic located in Alpena, 
     Michigan, shall be known and designated as the ``Lieutenant 
     Colonel Clement C. Van Wagoner Department of Veterans Affairs 
     Clinic''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Department of Veterans Affairs clinic referred to in 
     subsection (a) shall be deemed to be a reference to the 
     ``Lieutenant Colonel Clement C. Van Wagoner Department of 
     Veterans Affairs Clinic''.
       Sec. 235. The Secretary of Veterans Affairs may carry out a 
     major medical facility lease in fiscal year 2008 in an amount 
     not to exceed $12,000,000 to implement the recommendations 
     outlined in the August, 2007 Study of South Texas Veterans' 
     Inpatient and Specialty Outpatient Health Care Needs.

                               TITLE III

                            RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one-for-one replacement only) 
     and hire of passenger motor vehicles; not to exceed $7,500 
     for official reception and representation expenses; and 
     insurance of official motor vehicles in foreign countries, 
     when required by law of such countries, $45,600,000, to 
     remain available until expended.

                     Foreign Currency Fluctuations

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, $11,000,000, to remain 
     available until expended, for purposes authorized by section 
     2109 of title 36, United States Code.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         Salaries and Expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251-7298 of title 38, United States Code, 
     $24,217,000: Provided, That $1,120,000 shall be available for 
     the purpose of providing financial assistance as described, 
     and in accordance with the process and reporting procedures 
     set forth, under this heading in Public Law 102-229.

                      DEPARTMENT OF DEFENSE--CIVIL

                       Cemeterial Expenses, Army

                         Salaries and Expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $31,865,000, to remain 
     available until expended. In addition, such sums as may be 
     necessary for parking maintenance, repairs and replacement, 
     to be derived from the Lease of Department of Defense Real 
     Property for Defense Agencies account.
       Funds appropriated under this Act may be provided to 
     Arlington County, Virginia, for the relocation of the 
     federally-owned watermain at Arlington National Cemetery 
     making additional land available for ground burials.

                      ARMED FORCES RETIREMENT HOME

                               Trust Fund

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $55,724,000.

           General Fund Payment, Armed Forces Retirement Home

       For payment to the ``Armed Forces Retirement Home'', 
     $5,900,000, to remain available until expended.

[[Page H3912]]

                        ADMINISTRATIVE PROVISION

       Sec. 301. None of the funds in this title under the heading 
     ``American Battle Monuments Commission'' shall be available 
     for the Capital Security Costs Sharing program.

                                TITLE IV

                           GENERAL PROVISIONS

       Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402. Such sums as may be necessary for fiscal year 
     2008 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 403. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 404. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       Sec. 405. All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       Sec. 407. Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Construction, Veterans Affairs, and 
     Related Agencies of the Committee on Appropriations of the 
     House of Representatives and the Subcommittee on Military 
     Construction, Veterans Affairs, and Related Agencies of the 
     Committee on Appropriations of the Senate.
       Sec. 408. (a) Assessment of Mental Health Care Services for 
     Female Servicemembers and Veterans.--The Comptroller General 
     of the United States shall conduct an assessment of the 
     adequacy of the mental health care services provided by the 
     Department of Veterans Affairs and the Department of Defense 
     to female members of the Armed Forces and female veterans to 
     meet the mental health care needs of such members and 
     veterans.
       (b) Report.--Not later than September 1, 2008, the 
     Comptroller General shall submit to the Subcommittees 
     referred to in section 407 a report on the assessment 
     required by subsection (a).
       Sec. 409. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that the contractor or grantee has filed 
     all Federal tax returns required during the three years 
     preceding the certification, has not been convicted of a 
     criminal offense under the Internal Revenue Code of 1986, and 
     has not been notified of any unpaid Federal tax assessment 
     for which the liability remains unsatisfied unless the 
     assessment is the subject of an installment agreement or 
     offer in compromise that has been approved by the Internal 
     Revenue Service and is not in default or the assessment is 
     the subject of a non-frivolous administrative or judicial 
     appeal.
       Sec. 410. (a) In this section:
       (1) The term ``City'' means the City of Aurora, Colorado.
       (2) The term ``deed'' means the quitclaim deed--
       (A) conveyed by the Secretary to the City; and
       (B) dated May 24, 1999.
       (3) The term ``non-Federal land'' means--
       (A) parcel I of the Fitzsimons Army Medical Center, 
     Colorado; and
       (B) the parcel of land described in the deed.
       (4) The term ``Secretary'' means the Secretary of the 
     Interior.
       (b)(1) In accordance with paragraph (2), and subject to 
     each term and condition required under paragraph (3), to 
     allow the City to convey to the United States the non-Federal 
     land to be used by the Secretary of Veterans Affairs for the 
     construction of a veterans medical facility, the Secretary 
     may execute such instruments as determined by the Secretary 
     to be necessary to modify or release any condition under 
     which the non-Federal land would revert to the United States.
       (2) In carrying out paragraph (1), with respect to the non-
     Federal land, the Secretary shall alter--
       (A) each provision of the deed relating to a reversionary 
     interest of the United States; and
       (B) any other reversionary interest of the United States.
     To authorize the use of the property to include use as a 
     veteran's facility in addition to use for recreational 
     purposes.
       (3) The Secretary shall carry out paragraph (1) subject to 
     such terms and conditions as the Secretary determines to be 
     necessary to protect the interests of the United States.
       Sec. 411. For an additional amount $100,000,000, with 
     $50,000,000 each to the Cities of Denver, Colorado, and St. 
     Paul, Minnesota, shall be available to the Department of 
     Homeland Security for State and local law enforcement 
     entities for security and related costs, including overtime, 
     associated with the Democratic National Convention and 
     Republican National Convention in 2008. The Department of 
     Homeland Security shall provide for an audit of all amounts 
     made available under this section, including expenditures by 
     State and local law enforcement entities. Amounts provided by 
     this section are designated as an emergency requirement 
     pursuant to section 204 of S. Con. Res. 21 (110th Congress).
       Sec. 412. None of the funds appropriated or otherwise made 
     available by this Act may be used for any action that is 
     related to or promotes the expansion of the boundaries or 
     size of the Pinon Canyon Maneuver Site, Colorado.
       This Act may be cited as the ``Military Construction and 
     Veterans Affairs and Related Agencies Appropriations Act, 
     2008''.


                       Motion Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, I offer the motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Motion offered by Mr. Obey:
       Mr. Obey moves that the House concur in the Senate 
     amendment with three House amendments.

  The text of House amendment No. 1 to the Senate amendment is as 
follows:

       Page 60 of the Senate engrossed amendment, strike lines 1 
     through 3 and insert the following:

                       TITLE IX--DEFENSE MATTERS

      CHAPTER 1--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $11,807,655,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $866,753,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,820,571,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,286,153,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $304,200,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $72,800,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $16,720,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $5,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,369,747,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $4,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $16,343,512,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,952,864,000: Provided, That up to $112,607,000 
     shall be transferred to the Coast Guard ``Operating 
     Expenses'' account.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $159,900,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,922,520,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,387,562,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom; and
       (2) not to exceed $800,000,000, to remain available until 
     expended, may be used for payments to reimburse key 
     cooperating nations, for logistical, military, and other 
     support provided to United States military operations, 
     notwithstanding any other provision of law: Provided, That 
     these funds may be used for the purpose of providing 
     specialized training and procuring supplies and specialized 
     equipment and providing such supplies and loaning such 
     equipment on a non-reimbursable basis to coalition forces 
     supporting United States military operations in Iraq and 
     Afghanistan: Provided further, That such payments may be made 
     in such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, in his discretion, based on documentation 
     determined by the Secretary of Defense to adequately account 
     for the support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That the 
     Secretary

[[Page H3913]]

     of Defense shall provide quarterly reports to the 
     congressional defense committees on the use of funds provided 
     in this paragraph:

     Provided further, That of the amount available under this 
     heading for the Defense Contract Management Agency, 
     $52,000,000 shall remain available until September 30, 2009.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $164,839,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $109,876,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $70,256,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $165,994,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $685,644,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $287,369,000.

                           Iraq Freedom Fund


                     (including transfer of funds)

       For an additional amount for ``Iraq Freedom Fund'', 
     $50,000,000, to remain available for transfer until September 
     30, 2009, notwithstanding any other provision of law, only 
     for the redevelopment of the Iraqi industrial sector by 
     identifying, and providing assistance to, factories and other 
     industrial facilities that are best situated to resume 
     operations quickly and reemploy the Iraqi workforce: 
     Provided, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    Afghanistan Security Forces Fund

       For an additional amount for ``Afghanistan Security Forces 
     Fund'', $1,400,000,000, to remain available until September 
     30, 2009.

                       Iraq Security Forces Fund


                     (including transfer of funds)

       For an additional amount for ``Iraq Security Forces Fund'', 
     $1,500,000,000, to remain available until September 30, 2009: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Multi-National 
     Security Transition Command--Iraq, or the Secretary's 
     designee, to provide assistance, with the concurrence of the 
     Secretary of State, to the security forces of Iraq, including 
     the provision of equipment, supplies, services, training, 
     facility and infrastructure repair, renovation, and 
     construction, and funding: Provided further, That none of the 
     assistance provided under this heading in the form of funds 
     may be utilized for the provision of salaries, wages, or 
     bonuses to personnel of the Iraqi Security Forces: Provided 
     further, That the authority to provide assistance under this 
     heading is in addition to any other authority to provide 
     assistance to foreign nations: Provided further, That the 
     Secretary of Defense may transfer such funds to 
     appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That 
     contributions of funds for the purposes provided herein from 
     any person, foreign government, or international organization 
     may be credited to this Fund, and used for such purposes: 
     Provided further, That the Secretary shall notify the 
     congressional defense committees in writing upon the receipt 
     and upon the transfer of any contribution delineating the 
     sources and amounts of the funds received and the specific 
     use of such contributions: Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     making transfers from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $954,111,000, to remain available for obligation 
     until September 30, 2010.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $561,656,000, to remain available for obligation until 
     September 30, 2010.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $5,393,471,000, to remain 
     available for obligation until September 30, 2010.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $344,900,000, to remain available for obligation 
     until September 30, 2010.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $15,967,340,000, to remain available for obligation until 
     September 30, 2010.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $3,411,254,000, to remain available for obligation 
     until September 30, 2010.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $317,456,000, to remain available for obligation until 
     September 30, 2010.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $304,945,000, to remain available 
     for obligation until September 30, 2010.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $1,260,135,000, to remain available for obligation until 
     September 30, 2010.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,153,390,000, to remain available for obligation until 
     September 30, 2010.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $7,028,563,000, to remain available for obligation 
     until September 30, 2010.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $66,943,000, to remain available for obligation 
     until September 30, 2010.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $205,455,000, to remain available for obligation 
     until September 30, 2010.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,903,167,000, to remain available for obligation 
     until September 30, 2010.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $408,209,000, to remain available for obligation until 
     September 30, 2010.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $750,000,000, to remain available for obligation 
     until September 30, 2010: Provided, That the Chiefs of the 
     National Guard and Reserve components shall, prior to the 
     expenditure of funds, and not later than 30 days after the 
     enactment of this Act, individually submit to the 
     congressional defense committees an equipment modernization 
     priority assessment with a detailed plan for the expenditure 
     of funds for their respective National Guard and Reserve 
     components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $162,958,000, to remain available 
     until September 30, 2009.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $366,110,000, to remain available 
     until September 30, 2009.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $278,427,000, to remain 
     available until September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $816,598,000, to remain 
     available until September 30, 2009.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,837,450,000, to remain available for obligation 
     until expended.

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $5,110,000, to remain available for obligation until 
     expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,363,864,000, of which

[[Page H3914]]

     $907,064,000 shall be for operation and maintenance; of which 
     $91,900,000 is for procurement to remain available until 
     September 30, 2010; of which $364,900,000 shall be for 
     research, development, test and evaluation, to remain 
     available until September 30, 2009: Provided, That in 
     addition to amounts otherwise contained in this paragraph, 
     $75,000,000 is hereby appropriated to the ``Defense Health 
     Program'' for operation and maintenance for psychological 
     health and traumatic brain injury, to remain available until 
     September 30, 2009.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $65,317,000, to remain 
     available until September 30, 2009.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $6,394,000, of which $2,000,000 shall be for 
     research, development, test and evaluation, to remain 
     available until September 30, 2009.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 9101. Appropriations provided in this chapter are 
     available for obligation until September 30, 2008, unless 
     otherwise provided in this chapter.
       Sec. 9102. Notwithstanding any other provision of law, 
     funds made available in this chapter are in addition to 
     amounts appropriated or otherwise made available for the 
     Department of Defense for fiscal year 2008.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9103. Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $2,500,000,000 of the funds made available to the 
     Department of Defense in this chapter: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 9104. (a) From funds made available for operation and 
     maintenance in this chapter to the Department of Defense, not 
     to exceed $1,026,841,000 may be used, notwithstanding any 
     other provision of law, to fund the Commander's Emergency 
     Response Program, for the purpose of enabling military 
     commanders in Iraq, Afghanistan, and the Philippines to 
     respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi, Afghan, 
     and Filipino people.
       (b) Not later than 15 days after the end of each fiscal 
     year quarter, the Secretary of Defense shall submit to the 
     congressional defense committees a report regarding the 
     source of funds and the allocation and use of funds during 
     that quarter that were made available pursuant to the 
     authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9105. During fiscal year 2008, the Secretary of 
     Defense may transfer not to exceed $6,500,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as the Secretary shall determine for 
     use consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 9106. Of the amount appropriated by this chapter under 
     the heading ``Drug Interdiction and Counter-Drug Activities, 
     Defense,'' not to exceed $20,000,000 may be used for the 
     provision of support for counter-drug activities of the 
     Governments of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, 
     Tajikistan, and Turkmenistan, as specified in section 1033 of 
     the National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85, as amended by Public Laws 106-398, 108-
     136, 109-364, and 110-181): Provided, That such support shall 
     be in addition to support provided under any other provision 
     of the law.
       Sec. 9107. Amounts provided in this chapter for operations 
     in Iraq and Afghanistan may be used by the Department of 
     Defense for the purchase of up to 20 heavy and light armored 
     vehicles for force protection purposes, notwithstanding price 
     or other limitations specified elsewhere in the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116), or any 
     other provision of law: Provided, That notwithstanding any 
     other provision of law, funds provided in Public Law 110-116 
     and Public Law 110-161 under the heading ``Other Procurement, 
     Navy'' may be used for the purchase of 21 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle: Provided further, That the 
     Secretary of Defense shall submit a report in writing no 
     later than 30 days after the end of each fiscal quarter 
     notifying the congressional defense committees of any 
     purchase described in this section, including cost, purposes, 
     and quantities of vehicles purchased.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9108. Section 8122(c) of Public Law 110-116 is amended 
     by adding at the end the following:
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the `Mine Resistant Ambush 
     Protected Vehicle Fund'.''.
       Sec. 9109. Notwithstanding any other provision of law, not 
     to exceed $150,000,000 of funds made available in this 
     chapter may be obligated to conduct or support a program to 
     build the capacity of a foreign country's national military 
     forces in order for that country to conduct counterterrorist 
     operations or participate in or support military and 
     stability operations in which the U.S. Armed Forces are a 
     participant: Provided, That funds available pursuant to the 
     authority in this section shall be subject to the same 
     restrictions, limitations, and reporting requirements as 
     funds available pursuant to section 1206 of Public Law 109-
     163 as amended.

CHAPTER 2--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $839,000,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $75,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $55,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $75,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $37,300,000,000.

                     Operation and Maintenance Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,500,000,000: Provided, That up to $112,000,000 
     shall be transferred to the Coast Guard ``Operating 
     Expenses'' account.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,900,000,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,648,569,000, of which not to exceed 
     $200,000,000, to remain available until expended, may be used 
     for payments to reimburse key cooperating nations, for 
     logistical, military, and other support provided to United 
     States military operations, notwithstanding any other 
     provision of law: Provided, That these funds may be used for 
     the purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a nonreimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, That 
     such payments may be made in such amounts as the Secretary of 
     Defense, with the concurrence of the Secretary of State, and 
     in consultation with the Director of the Office of Management 
     and Budget, may determine, in his discretion, based on 
     documentation determined by the Secretary of Defense to 
     adequately account for the support provided, and such 
     determination is final and conclusive upon the accounting 
     officers of the United States, and 15 days following 
     notification to the appropriate congressional committees: 
     Provided further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $79,291,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $333,540,000.

[[Page H3915]]

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

       For an additional amount for ``Afghanistan Security Forces 
     Fund'', $2,000,000,000, to remain available until September 
     30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For ``Iraq Security Forces Fund'', $1,000,000,000, to 
     remain available until September 30, 2009: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command-Iraq, or the Secretary's designee, to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq, including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That none of the assistance 
     provided under this heading in the form of funds may be 
     utilized for the provision of salaries, wages, or bonuses to 
     personnel of the Iraqi Security Forces: Provided further, 
     That the authority to provide assistance under this heading 
     is in addition to any other authority to provide assistance 
     to foreign nations: Provided further, That the Secretary of 
     Defense may transfer such funds to appropriations for 
     military personnel; operation and maintenance; Overseas 
     Humanitarian, Disaster, and Civic Aid; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purposes provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That contributions of funds for the 
     purposes provided herein from any person, foreign government, 
     or international organization may be credited to this Fund, 
     and used for such purposes: Provided further, That the 
     Secretary shall notify the congressional defense committees 
     in writing upon the receipt and upon the transfer of any 
     contribution delineating the sources and amounts of the funds 
     received and the specific use of such contributions: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation 
     account, notify the congressional defense committees in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary shall submit a report no later 
     than 30 days after the end of each fiscal quarter to the 
     congressional defense committees summarizing the details of 
     the transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $84,000,000 to remain available for obligation until 
     September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $822,674,000, to remain 
     available for obligation until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $46,500,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,009,050,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $27,948,000, to remain available for obligation until 
     September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $565,425,000, to remain available for obligation until 
     September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $201,842,000, to remain available for obligation 
     until September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,500,644,000, to remain available for obligation 
     until September 30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $177,237,000, to remain available for obligation until 
     September 30, 2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $113,228,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $72,041,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $202,559,000, to remain 
     available until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund


                     (including transfer of funds)

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,000,000,000 to remain available 
     until September 30, 2011: Provided, That such funds shall be 
     available to the Secretary of Defense, notwithstanding any 
     other provision of law, for the purpose of allowing the 
     Director of the Joint Improvised Explosive Device Defeat 
     Organization to investigate, develop and provide equipment, 
     supplies, services, training, facilities, personnel and funds 
     to assist United States forces in the defeat of improvised 
     explosive devices: Provided further, That within 60 days of 
     the enactment of this Act, a plan for the intended management 
     and use of the amounts provided under this heading shall be 
     submitted to the congressional defense committees: Provided 
     further, That the Secretary of Defense shall submit a report 
     not later than 60 days after the end of each fiscal quarter 
     to the congressional defense committees providing assessments 
     of the evolving threats, individual service requirements to 
     counter the threats, the current strategy for predeployment 
     training of members of the Armed Forces on improvised 
     explosive devices, and details on the execution of the Fund: 
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein to appropriations for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purpose provided herein: Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 9201. Appropriations provided in this chapter are not 
     available for obligation until October 1, 2008.
       Sec. 9202. Appropriations provided in this chapter are 
     available for obligation until September 30, 2009, unless 
     otherwise provided in this chapter.


                     (including transfer of funds)

       Sec. 9203. Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $4,000,000,000 of the funds made available to the 
     Department of Defense in this chapter: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 9204. (a) Not later than December 5, 2008 and every 90 
     days thereafter through the end of fiscal year 2009, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, shall set forth in a report to Congress a 
     comprehensive set of performance indicators and measures for 
     progress toward military and political stability in Iraq.
       (b) The report shall include performance standards and 
     goals for security, economic, and security force training 
     objectives in Iraq together with a notional timetable for 
     achieving these goals.
       (c) In specific, the report requires, at a minimum, the 
     following:
       (1) With respect to stability and security in Iraq, the 
     following:
       (A) Key measures of political stability, including the 
     important political milestones that must be achieved over the 
     next several years.
       (B) The primary indicators of a stable security environment 
     in Iraq, such as number of engagements per day, numbers of 
     trained Iraqi forces, trends relating to numbers and types of 
     ethnic and religious-based hostile encounters, and progress 
     made in the transition of responsibility for the security of 
     Iraqi provinces to the Iraqi Security Forces under the 
     Provincial Iraqi Control (PIC) process.
       (C) An assessment of the estimated strength of the 
     insurgency in Iraq and the extent to which it is composed of 
     non-Iraqi fighters.

[[Page H3916]]

       (D) A description of all militias operating in Iraq, 
     including the number, size, equipment strength, military 
     effectiveness, sources of support, legal status, and efforts 
     to disarm or reintegrate each militia.
       (E) Key indicators of economic activity that should be 
     considered the most important for determining the prospects 
     of stability in Iraq, including--
       (i) unemployment levels;
       (ii) electricity, water, and oil production rates; and
       (iii) hunger and poverty levels.
       (F) The most recent annual budget for the Government of 
     Iraq, including a description of amounts budgeted for support 
     of Iraqi security and police forces and an assessment of how 
     planned funding will impact the training, equipping and 
     overall readiness of those forces.
       (G) The criteria the Administration will use to determine 
     when it is safe to begin withdrawing United States forces 
     from Iraq.
       (2) With respect to the training and performance of 
     security forces in Iraq, the following:
       (A) The training provided Iraqi military and other Ministry 
     of Defense forces and the equipment used by such forces.
       (B) Key criteria for assessing the capabilities and 
     readiness of the Iraqi military and other Ministry of Defense 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping 
     these forces), and the milestones and notional timetable for 
     achieving these goals.
       (C) The operational readiness status of the Iraqi military 
     forces, including the type, number, size, and organizational 
     structure of Iraqi battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently without any support from Coalition Forces;
       (ii) capable of conducting counterinsurgency operations 
     with the support of United States or coalition forces; or
       (iii) not ready to conduct counterinsurgency operations.
       (D) The amount and type of support provided by Coalition 
     Forces to the Iraqi Security Forces at each level of 
     operational readiness.
       (E) The number of Iraqi battalions in the Iraqi Army 
     currently conducting operations and the type of operations 
     being conducted.
       (F) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (G) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (H) The level and effectiveness of the Iraqi Security 
     Forces under the Ministry of Defense in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (I) Key criteria for assessing the capabilities and 
     readiness of the Iraqi police and other Ministry of Interior 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping), 
     and the milestones and notional timetable for achieving these 
     goals, including--
       (i) the number of police recruits that have received 
     classroom training and the duration of such instruction;
       (ii) the number of veteran police officers who have 
     received classroom instruction and the duration of such 
     instruction;
       (iii) the number of police candidates screened by the Iraqi 
     Police Screening Service, the number of candidates derived 
     from other entry procedures, and the success rates of those 
     groups of candidates;
       (iv) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction;
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents; and
       (vi) the level and effectiveness of the Iraqi Police and 
     other Ministry of Interior Forces in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (J) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by coalition forces, including defending the 
     borders of Iraq and providing adequate levels of law and 
     order throughout Iraq.
       (K) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (L) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (M) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2009.
       Sec. 9205. (a)  Report by Secretary of Defense.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that contains individual 
     transition readiness assessments by unit of Iraq and Afghan 
     security forces. The Secretary of Defense shall submit to the 
     congressional defense committees updates of the report 
     required by this subsection every 90 days after the date of 
     the submission of the report until October 1, 2009. The 
     report and updates of the report required by this subsection 
     shall be submitted in classified form.
       (b) Report by OMB.--(1) The Director of the Office of 
     Management and Budget, in consultation with the Secretary of 
     Defense; the Commander, Multi-National Security Transition 
     Command--Iraq; and the Commander, Combined Security 
     Transition Command--Afghanistan, shall submit to the 
     congressional defense committees not later than 120 days 
     after the date of the enactment of this Act and every 90 days 
     thereafter a report on the proposed use of all funds under 
     each of the headings ``Iraq Security Forces Fund'' and 
     ``Afghanistan Security Forces Fund'' on a project-by-project 
     basis, for which the obligation of funds is anticipated 
     during the three-month period from such date, including 
     estimates by the commanders referred to in this paragraph of 
     the costs required to complete each such project.
       (2) The report required by this subsection shall include 
     the following:
       (A) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     paragraph (1) were obligated prior to the submission of the 
     report, including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (B) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in paragraph (1) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (C) An estimated total cost to train and equip the Iraq and 
     Afghan security forces, disaggregated by major program and 
     sub-elements by force, arrayed by fiscal year.
       (c) Notification.--The Secretary of Defense shall notify 
     the congressional defense committees of any proposed new 
     projects or transfers of funds between sub-activity groups in 
     excess of $15,000,000 using funds appropriated by this Act 
     under the headings ``Iraq Security Forces Fund'' and 
     ``Afghanistan Security Forces Fund''.
       Sec. 9206. Funds available to the Department of Defense for 
     operation and maintenance provided in this chapter may be 
     used, notwithstanding any other provision of law, to provide 
     supplies, services, transportation, including airlift and 
     sealift, and other logistical support to coalition forces 
     supporting military and stability operations in Iraq and 
     Afghanistan: Provided, That the Secretary of Defense shall 
     provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9207. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security Forces Fund'' 
     provided in this chapter, and executed in direct support of 
     the Global War on Terrorism only in Iraq and Afghanistan, may 
     be obligated at the time a construction contract is awarded: 
     Provided, That for the purpose of this section, supervision 
     and administration costs include all in-house Government 
     costs.


                     (including transfer of funds)

       Sec. 9208. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $1,700,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2009.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 15 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       Sec. 9209. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

               CHAPTER 3--GENERAL PROVISIONS, THIS TITLE

       Sec. 9301. Each amount in this title is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to subsections (a) and (b) of section 204 of S. Con. 
     Res. 21 (110th Congress), the concurrent resolution on the 
     budget for fiscal year 2008.
       Sec. 9302. Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are

[[Page H3917]]

     deemed to be specifically authorized by the Congress for 
     purposes of section 504(a)(1) of the National Security Act of 
     1947 (50 U.S.C. 414(a)(1)).
       Sec. 9303. None of the funds made available in this Act may 
     be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9304. (a) Report Required.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, and the Secretary of 
     Homeland Security, in coordination with the Chairman of the 
     Joint Chiefs of Staff and the Director of National 
     Intelligence, shall jointly submit to Congress a report 
     setting forth the global strategy of the United States to 
     combat and defeat al Qaeda and its affiliates.
       (b) Elements of Strategy.--The strategy set forth in the 
     report required under subsection (a) shall include the 
     following elements:
       (1) An analysis of the global threat posed by al Qaeda and 
     its affiliates, including an assessment of the relative 
     threat posed in particular regions or countries.
       (2) Recommendations regarding the distribution and 
     deployment of United States military, intelligence, 
     diplomatic, and other assets to meet the relative regional 
     and country-specific threats described in paragraph (1).
       (3) Recommendations to ensure that the global deployment of 
     United States military personnel and equipment best meet the 
     threat identified and described in paragraph (1) and:
       (A) does not undermine the military readiness or homeland 
     security of the United States;
       (B) ensures adequate time between military deployments for 
     rest and training; and
       (C) does not require further extensions of military 
     deployments to the extent practicable.
       (c) Classified Annex.--The report required by subsection 
     (a) shall be submitted in unclassified form, but shall 
     include a classified annex.
       Sec. 9305. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2007 or 2008 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 9306. Section 1002(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2008 (Public Law 110-181) is 
     amended by striking ``$362,159,000'' and inserting 
     ``$435,259,000''.
       Sec. 9307. None of the funds appropriated or otherwise made 
     available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).


                             (RESCISSIONS)

       Sec. 9308. (a) Of the funds made available for ``Defense 
     Health Program'' in Public Law 110-28, $75,000,000 is 
     rescinded.
       (b) Of the funds made available for ``Joint Improvised 
     Explosive Device Defeat Fund'' in Division L of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161), 
     $71,531,000 is rescinded.
       Sec. 9309. Of the funds appropriated in the U.S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28) 
     which remain available for obligation under the ``Iraq 
     Freedom Fund'', $150,000,000 is only for the Joint Rapid 
     Acquisition Cell, and $10,000,000 is only for the 
     transportation of fallen service members.
       Sec. 9310. Funds available in this title which are 
     available to the Department of Defense for operation and 
     maintenance may be used to purchase items having an 
     investment unit cost of not more than $250,000: Provided, 
     That upon determination by the Secretary of Defense that such 
     action is necessary to meet the operational requirements of a 
     Commander of a Combatant Command engaged in contingency 
     operations overseas, such funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.
  The text of House amendment No. 2 to the Senate amendment is as 
follows:

       Page 60 of the Senate engrossed amendment, after line 3, 
     insert the following:

              TITLE X--POLICY REGARDING OPERATIONS IN IRAQ


      sense of congress regarding united states military personnel

       Sec. 10001. It is the sense of the Congress that the 
     performance of United States military personnel should be 
     commended, their courage and sacrifice have been exceptional, 
     and when they come home, their service should be recognized 
     appropriately.


         units deployed for combat to be fully mission capable

       Sec. 10002. (a) The Congress finds that it is the policy of 
     the Department of Defense that units should not be deployed 
     for combat unless they are rated ``fully mission capable''.
       (b) None of the funds made available in this or any other 
     Act may be used to deploy any unit of the Armed Forces to 
     Iraq unless the President has certified in writing to the 
     Committees on Appropriations and the Committees on Armed 
     Services of the House of Representatives and the Senate at 
     least 15 days in advance of the deployment that the unit is 
     fully mission capable in advance of entry into Iraq.
       (c) For purposes of subsection (b), the term ``fully 
     mission capable'' means capable of performing assigned 
     mission essential tasks to the prescribed standards under the 
     conditions expected in the theater of operation, consistent 
     with the guidelines set forth in the DoD Directive 7730.65, 
     Subject: Department of Defense Readiness Reporting System; 
     the Interim Force Allocation Guidance to the Global Force 
     Management Board, dated February 6, 2008; and Army Regulation 
     220-1, Subject: Unit Status Reporting, dated December 19, 
     2006.
       (d) The President, by certifying in writing to the 
     Committees on Appropriations and the Committees on Armed 
     Services of the House of Representatives and the Senate that 
     the deployment to Iraq of a unit that is not assessed mission 
     capable is required for reasons of national security and by 
     submitting along with the certification a report in 
     classified and unclassified form detailing the particular 
     reason or reasons why the unit's deployment is necessary 
     despite the unit commander's assessment that the unit is not 
     mission capable, may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis.


                    time limit on combat deployments

       Sec. 10003. (a) The Congress finds that it is the policy of 
     the Department of Defense that Army, Army Reserve, and 
     National Guard units should not be deployed for combat beyond 
     365 days and that Marine Corps and Marine Corps Reserve units 
     should not be deployed for combat beyond 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of extending the deployment for Operation 
     Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard beyond 365 days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve 
     beyond 210 days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total United States force levels in Iraq as of 
     January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the extension of a unit's 
     deployment in Iraq beyond the period applicable to the unit 
     under such subsection is required for reasons of national 
     security. The certification shall include a report, in 
     classified and unclassified form, detailing the particular 
     reason or reasons why the unit's extended deployment is 
     necessary.


                 dwell time between combat deployments

       Sec. 10004. (a) The Congress finds that it is the policy of 
     the Department of Defense that an Army, Army Reserve, or 
     National Guard unit should not be redeployed for combat if 
     the unit has been deployed within the previous 365 
     consecutive days and that a Marine Corps or Marine Corps 
     Reserve unit should not be redeployed for combat if the unit 
     has been deployed within the previous 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of deploying for Operation Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard if such unit has been deployed within the previous 365 
     consecutive days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve if 
     such unit has been deployed within the previous 210 
     consecutive days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total United States force levels in Iraq as of 
     January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the redeployment of a 
     unit to Iraq in advance of the expiration of the period 
     applicable to the unit under such subsection is required for 
     reasons of national security. The certification shall include 
     a report, in classified and unclassified form, detailing the 
     particular reason or reasons why the unit's early 
     redeployment is necessary.


                 limitation on interrogation techniques

       Sec. 10005. (a) No individual in the custody or under the 
     effective control of an element of the intelligence community 
     or instrumentality thereof, regardless of nationality or

[[Page H3918]]

     physical location, shall be subject to any treatment or 
     technique of interrogation not authorized by the United 
     States Army Field Manual on Human Intelligence Collector 
     Operations.
       (b) In this section, the term ``instrumentality'', with 
     respect to an element of the intelligence community, means a 
     contractor or subcontractor at any tier of the element of the 
     intelligence community.


     registration with the international committee of the red cross

       Sec. 10006. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to detain 
     any individual who is in the custody or under the effective 
     control of an element of the intelligence community or an 
     instrumentality thereof unless the International Committee of 
     the Red Cross is provided notification of the detention of 
     and access to such person in a timely manner and consistent 
     with the practices of the Armed Forces of the United States.
       (b) For purposes of this section, the term 
     ``instrumentality'', with respect to an element of the 
     intelligence community, means a contractor or subcontractor 
     at any tier of the element of the intelligence community.
       (c) Nothing in this section shall be construed to create or 
     otherwise imply the authority to detain, or to limit or 
     otherwise affect any other rights or obligations which may 
     arise under the Geneva Conventions or other laws, or to state 
     all of the situations under which notification to and access 
     for the International Committee of the Red Cross is required 
     or allowed.


                 prohibition of permanent bases in iraq

       Sec. 10007. None of the funds appropriated or otherwise 
     made available in this or any other Act may be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.


      limitation on defense agreements with the government of iraq

       Sec. 10008. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     negotiate, enter into, or implement any agreement with the 
     Government of Iraq that includes security assurances for 
     mutual defense, unless the agreement--
       (1) is in the form of a treaty requiring the advice and 
     consent of the Senate (or is intended to take that form in 
     the case of an agreement under negotiation); or
       (2) is specifically authorized by a law enacted after the 
     date of enactment of this Act.
       (b) For purposes of this section, an agreement shall be 
     considered to include security assurances for mutual defense 
     if it includes provisions addressing any of the following:
       (1) A binding commitment to deploy United States Armed 
     Forces in defense of Iraq, or of any government or faction in 
     Iraq, against any foreign or domestic threat.
       (2) The number of United States Armed Forces personnel to 
     be deployed to, or stationed in, Iraq.
       (3) The mission of United States Armed Forces deployed to 
     Iraq.
       (4) The duration of the presence of United States Armed 
     Forces in Iraq.


  prohibition on agreements subjecting armed forces to iraqi criminal 
                              jurisdiction

       Sec. 10009. None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     negotiate, enter into, or implement an agreement with the 
     Government of Iraq that would subject members of the Armed 
     Forces of the United States to the jurisdiction of Iraq 
     criminal courts or punishment under Iraq law.


         requirement for matching funds from government of iraq

       Sec. 10010. (a) Notwithstanding any other provision of law, 
     funds appropriated or otherwise made available in this or any 
     other Act for assistance for Iraq, including training, 
     capacity building, and construction and repair of 
     infrastructure, shall be available only to the extent that 
     the Government of Iraq matches such assistance on a dollar-
     for-dollar basis.
       (b) subsection (a) shall not apply to--
       (1) grants and cooperative agreements for programs to 
     promote democracy and human rights;
       (2) the Community Action Program and other direct 
     assistance to non-governmental organizations;
       (3) humanitarian demining;
       (4) assistance for refugees, internally displaced persons, 
     and civilian victims of military operations;
       (5) intelligence or intelligence-related activities; or
       (6) projects with an estimated cost of less than $750,000 
     undertaken through the Commander's Emergency Response 
     Program.
       (c) The Secretary of State and the Secretary of Defense 
     shall certify to the Committees on Appropriations of the 
     House of Representatives and Senate, prior to the initial 
     obligation by their respective Departments of funds covered 
     by the limitation in subsection (a), that the Government of 
     Iraq has committed to obligate matching funds on a dollar-
     for-dollar basis. The Secretary of State shall submit a 
     report to the Committees on Appropriations not later than 
     September 30, 2009 detailing the amounts of funds obligated 
     and expended by the Government of Iraq to meet the 
     requirements of this section.
       (d) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the amounts provided by the 
     Government of Iraq since June 30, 2004, to assist Iraqi 
     refugees in Syria, Jordan, and elsewhere, and the amount of 
     such assistance the Government of Iraq plans to provide in 
     fiscal year 2008. The Secretary shall work expeditiously with 
     the Government of Iraq to establish an account within its 
     annual budget sufficient to, at a minimum, match United 
     States contributions on a dollar-for-dollar basis to 
     organizations and programs for the purpose of assisting Iraqi 
     refugees.
       (e) As part of the report required by section 609 of 
     division L of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161), the Secretary of Defense shall submit 
     to Congress a report on the most recent annual budget for the 
     Government of Iraq, including--
       (1) a description of amounts budgeted for support of Iraqi 
     security and police forces and an assessment of how planned 
     funding will impact the training, equipping and overall 
     readiness of those forces;
       (2) an assessment of the capacity of the Government of Iraq 
     to implement the budget as planned, including reports on 
     year-to-year spend rates, if available; and
       (3) a description of any budget surplus or deficit, if 
     applicable.


             partial reimbursement from iraq for fuel costs

       Sec. 10011. (a) None of the funds made available in this 
     Act under the heading ``Operation and Maintenance, Defense-
     Wide'' for the Office of the Secretary of Defense or 
     Washington Headquarters Services may be obligated or expended 
     until the agreement described in subsection (b)(1) is 
     complete and the report required by subsection (b)(2) has 
     been transmitted to Congress, except that the limitation in 
     this subsection may be waived if the President determines and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that such waiver is in the 
     national security interests of the United States.
       (b) Not later than 90 days after enactment of this Act, the 
     President shall--
       (1) complete an agreement with the Government of Iraq to 
     subsidize fuel costs for United States Armed Forces operating 
     in Iraq so the price of fuel per gallon to those forces is 
     equal to the discounted price per gallon at which the 
     Government of Iraq is providing fuel for domestic Iraqi 
     consumption; and
       (2) transmit a report to the Committees on Appropriations 
     on the details and terms of that agreement.
       (c) Amounts received from the Government of Iraq under an 
     agreement described in subsection (b)(1) shall be credited to 
     the appropriations or funds that incurred obligations for the 
     fuel costs being subsidized, as determined by the Secretary 
     of Defense.


      timetable for redeployment of united states forces from iraq

       Sec. 10012. (a) Notwithstanding any other provision of law, 
     funds appropriated or otherwise made available in this Act 
     may be used to plan and execute a safe and orderly 
     redeployment of United States Armed Forces from Iraq.
       (b) Within 30 days after enactment of this Act, the 
     President shall commence an immediate and orderly 
     redeployment of United States Armed Forces from Iraq, with a 
     goal of completing such redeployment within 18 months. The 
     President shall endeavor to begin such redeployment with 
     units of the Armed Forces that have been deployed in excess 
     of 365 days, except to the extent those units are needed to 
     provide for the safe withdrawal of other units of the Armed 
     Forces or to protect United States and Coalition personnel 
     and infrastructure.
       (c) After completion of the redeployment required by 
     subsection (b), members of the United States Armed Forces may 
     be deployed to, or maintained in, Iraq only to the extent 
     necessary to carry out the following missions:
       (1) Protecting the diplomatic facilities, Armed Forces, and 
     citizens of the United States in Iraq.
       (2) Conducting limited training of, equipping, and 
     providing logistical and intelligence support to, Iraqi 
     security forces.
       (3) Engaging in targeted counterterrorism operations 
     against al-Qaeda, groups affiliated with al-Qaeda, and other 
     terrorist organizations in Iraq.
       (d) Not later than July 1, 2008, and every 90 days 
     thereafter, the Secretary of Defense shall submit to the 
     congressional defense committees a report setting forth the 
     following:
       (1) The current plan for and the status of the reduction of 
     United States Armed Forces in Iraq and the transition of the 
     Armed Forces in Iraq to a limited presence whose missions do 
     not exceed the missions specified in subsection (c), 
     including the associated force reductions and adjustments and 
     expectations with respect to timelines and the force levels 
     anticipated to perform those missions.
       (2) A comprehensive current description of efforts to 
     prepare for the reduction and transition of United States 
     Armed Forces in Iraq in accordance with this section and to 
     limit

[[Page H3919]]

     any destabilizing consequences of such reduction and 
     transition, including a description of efforts to work with 
     the United Nations and countries in the region toward that 
     objective.
       (e) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall provide to the Committees on 
     Appropriations of the House of Representatives and Senate a 
     strategy for civilian-led post-conflict stabilization and 
     reconstruction assistance for Iraq. The strategy (which may 
     be provided in classified form if necessary) shall include--
       (1) the plans and timetable for transfer of all 
     responsibility for United States post-conflict stabilization 
     and reconstruction assistance from the Department of Defense 
     to the Department of State and the United States Agency for 
     International Development; and
       (2) the staff, security and resource requirements for 
     United States diplomatic efforts and assistance programs in 
     Iraq.

     TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS

        CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS


              adjustment of wartime statute of limitations

       Sec. 11101. Section 3287 of title 18, United States Code, 
     is amended--
       (1) by inserting ``or Congress has enacted a specific 
     authorization for the use of the Armed Forces, as described 
     in section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)),'' after ``is at war'';
       (2) by inserting ``or directly connected with or related to 
     the authorized use of the Armed Forces'' after ``prosecution 
     of the war'';
       (3) by striking ``three years'' and inserting ``5 years'';
       (4) by striking ``proclaimed by the President'' and 
     inserting ``proclaimed by a Presidential proclamation, with 
     notice to Congress,''; and
       (5) by adding at the end the following: ``For purposes of 
     applying such definitions in this section, the term `war' 
     includes a specific authorization for the use of the Armed 
     Forces, as described in section 5(b) of the War Powers 
     Resolution (50 U.S.C. 1544(b)).''.

                 CHAPTER 2--WAR PROFITEERING AND FRAUD


                       war profiteering and fraud

       Sec. 11201. (a) Prohibition on War Profiteering.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. War profiteering and fraud

       ``(a) Prohibition.--Whoever, in any matter involving a 
     contract with, or the provision of goods or services to, the 
     United States or a provisional authority, in connection with 
     a mission of the United States Government overseas, 
     knowingly--
       ``(1)(A) executes or attempts to execute a scheme or 
     artifice to defraud the United States or that authority; or
       ``(B) materially overvalues any good or service with the 
     intent to defraud the United States or that authority;

     shall be fined not more than $1,000,000 or imprisoned not 
     more than 20 years, or both; or
       ``(2) in connection with the contract or the provision of 
     those goods or services--
       ``(A) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(B) makes any materially false, fictitious, or fraudulent 
     statements or representations; or
       ``(C) makes or uses any materially false writing or 
     document knowing the same to contain any materially false, 
     fictitious, or fraudulent statement or entry;

     shall be fined not more than $1,000,000 or imprisoned not 
     more than 10 years, or both.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of such title is amended by adding at the end the 
     following:

``1041. War profiteering and fraud.''.

       (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1041''.
       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``section 1041 
     (relating to war profiteering and fraud),'' after 
     ``liquidating agent of financial institution),''.
       (d) RICO.--Section 1961(1) of title 18, United States Code, 
     is amended by inserting ``section 1041 (relating to war 
     profiteering and fraud),'' after ``in connection with access 
     devices),''.

           CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION


                              short title

       Sec. 11301. This chapter may be cited as the ``MEJA 
     Expansion and Enforcement Act of 2008''.


                   legal status of contract personnel

       Sec. 11302. (a) Clarification of Military Extraterritorial 
     Jurisdiction Act.--
       (1) Inclusion of federal employees and contractors.--
     Section 3261(a) of title 18, United States Code, is amended--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the comma at the end and 
     inserting a semicolon; and
       (C) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) while employed by any Department or agency of the 
     United States other than the Armed Forces in a foreign 
     country in which the Armed Forces are conducting a qualifying 
     military operation; or
       ``(4) while employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces,''.
       (2) Definitions.--Section 3267 of title 18, United States 
     Code, is amended--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph:
       ``(A) employed by or performing services under a contract 
     with or grant from the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department) as--
       ``(i) a civilian employee (including an employee from any 
     other Executive agency on temporary assignment to the 
     Department of Defense);
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);''; and
       (B) by adding at the end the following new paragraphs:
       ``(5) The term `employed by any Department or agency of the 
     United States other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) present or residing outside the United States in 
     connection with such employment; and
       ``(C) not a national of or ordinarily a resident in the 
     host nation.
       ``(6) The term `employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) authorized in the course of such employment--
       ``(i) to provide physical protection to or security for 
     persons, places, buildings, facilities, supplies, or means of 
     transportation;
       ``(ii) to carry or possess a firearm or dangerous weapon, 
     as defined by section 930(g)(2) of this chapter;
       ``(iii) to use force against another; or
       ``(iv) to supervise individuals performing the activities 
     described in clause (i), (ii) or (iii);
       ``(C) present or residing outside the United States in 
     connection with such employment; and
       ``(D) not a national of or ordinarily resident in the host 
     nation.
       ``(7) The term `qualifying military operation' means--
       ``(A) a military operation covered by a declaration of war 
     or an authorization of the use of military force by Congress;
       ``(B) a contingency operation (as defined in section 101 of 
     title 10); or
       ``(C) any other military operation outside of the United 
     States, including a humanitarian assistance or peace keeping 
     operation, provided such operation is conducted pursuant to 
     an order from or approved by the Secretary of Defense.''.
       (b) Department of Justice Inspector General Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice, in consultation with the 
     Inspectors General of the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, the Department of Agriculture, the 
     Department of Energy, and other appropriate Federal 
     departments and agencies, shall submit to Congress a report 
     in accordance with this subsection.
       (2) Content of report.--The report under paragraph (1) 
     shall include, for the period beginning on October 1, 2001, 
     and ending on the date of the report--
       (A) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, a description of any 
     alleged violations of section 3261 of title 18, United States 
     Code, reported to the Inspector Generals identified in 
     paragraph (1) or the Department of Justice, including--
       (i) the date of the complaint and the type of offense 
     alleged;

[[Page H3920]]

       (ii) whether any investigation was opened or declined based 
     on the complaint;
       (iii) whether the investigation was closed, and if so, when 
     it was closed;
       (iv) whether a criminal or civil case was filed as a result 
     of the investigation, and if so, when it was filed; and
       (v) any charges or complaints filed in those cases; and
       (B) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, and with appropriate 
     safeguards for the protection of national security 
     information, a description of any shooting or escalation of 
     force incidents in Iraq or Afghanistan involving alleged 
     misconduct by persons employed as a security officer or 
     security contractor by any Department or agency of the United 
     States, and any official action taken against such persons.
       (3) Form of report.--The report under paragraph (1) shall 
     be submitted in unclassified form, but may contain a 
     classified annex as appropriate.


              investigative units for contractor oversight

       Sec. 11303. (a) Establishment of Investigative Units for 
     Contractor Oversight.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, and the heads of any other 
     Federal departments or agencies responsible for employing 
     private security contractors or contractors (or 
     subcontractors at any tier) in a foreign country where the 
     Armed Forces are conducting a qualifying military operation--
       (A) shall assign adequate personnel and resources through 
     the creation of Investigative Units for Contractor Oversight 
     to investigate allegations of criminal violations under 
     paragraphs (3) and (4) of section 3261(a) of title 18, United 
     States Code (as amended by section 11302(a) of this chapter); 
     and
       (B) may authorize the overseas deployment of law 
     enforcement agents and other Department of Justice personnel 
     for that purpose.
       (2) Rule of construction.--Nothing in this subsection shall 
     limit any existing authority of the Attorney General or any 
     Federal law enforcement agency to investigate violations of 
     Federal law or deploy personnel overseas.
       (b) Referral for Prosecution.--Upon conclusion of an 
     investigation of an alleged violation of sections 3261(a)(3) 
     and 3261(a)(4) of title 18, United States Code, an 
     Investigative Unit for Contractor Oversight may refer the 
     matter to the Attorney General for further action, as 
     appropriate in the discretion of the Attorney General.
       (c) Responsibilities of the Attorney General.--
       (1) Investigation.--The Attorney General shall have the 
     principal authority for the enforcement of sections 
     3261(a)(3) and 3261(a)(4) of title 18, United States Code, 
     and shall have the authority to initiate, conduct, and 
     supervise investigations of any alleged violations of such 
     sections 3261(a)(3) and 3261(a)(4).
       (2) Assistance on request of the attorney general.--
     Notwithstanding any statute, rule, or regulation to the 
     contrary, the Attorney General may request assistance from 
     the Secretary of Defense, the Secretary of State, or the head 
     of any other Executive agency to enforce this chapter. This 
     requested assistance may include the assignment of additional 
     personnel and resources to an Investigative Unit for 
     Contractor Oversight established by the Attorney General 
     under subsection (a).
       (3) Annual report.--Not later than one year after the date 
     of enactment of this Act, and annually thereafter, the 
     Attorney General, in consultation with the Secretary of 
     Defense and the Secretary of State, shall submit to Congress 
     a report containing--
       (A) the number of violations of sections 3261(a)(3) and 
     3261(a)(4) of title 18, United States Code, received, 
     investigated, and referred for prosecution by Federal law 
     enforcement authorities during the previous year;
       (B) the number and location of Investigative Units for 
     Contractor Oversight deployed to investigate violations of 
     such sections 3261(a)(3) and 3261(a)(4) during the previous 
     year; and
       (C) any recommended changes to Federal law that the 
     Attorney General considers necessary to enforce this chapter 
     and the amendments made by this chapter and chapter 212 of 
     title 18, United States Code.


    removal procedures for non-department of defense employees and 
                              contractors

       Sec. 11304. (a) Attorney General Regulations.--Section 3266 
     of title 18, United States Code, is amended by adding at the 
     end the following:
       ``(d) The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, may prescribe regulations 
     governing the investigation, apprehension, detention, 
     delivery, and removal of persons described in sections 
     3261(a)(3) and 3261(a)(4) and describing the notice due, if 
     any, foreign nationals potentially subject to the criminal 
     jurisdiction of the United States under those sections.''.
       (b) Clarifying and Conforming Amendments.--
       (1) In general.--Chapter 212 of title 18, United States 
     Code, is amended--
       (A) in section 3261(a)--
       (i) by inserting ``against the United States'' after 
     ``offense'' the first time it appears; and
       (ii) by inserting ``within the United States or'' after 
     ``had been engaged in'';
       (B) in section 3262--
       (i) in subsection (a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (ii) by redesignating subsection (b) as subsection (c); and
       (iii) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Attorney General may designate and authorize any 
     person serving in a law enforcement position in the 
     Department of Justice, the Department of Defense, the 
     Department State, or any other Executive agency to arrest, in 
     accordance with applicable international agreements, outside 
     the United States any person described in section 3261(a) if 
     there is probable cause to believe that such person violated 
     section 3261(a).'';
       (C) in section 3263(a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (D) in section 3264(a), by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested'';
       (E) section 3265(a)(1) by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested''; and
       (F) in section 3266(a), by striking ``under this chapter'' 
     and inserting ``described in section 3261(a)(1) or 
     3261(a)(2)''.
       (2) Additional amendment.--Section 7(9) of title 18, United 
     States Code, is amended by striking ``section 3261(a)'' and 
     inserting ``section 3261(a)(1) or 3261(a)(2)''.


                         rules of construction

       Sec. 11305. (a) In General.--Nothing in this chapter or the 
     amendments made by this chapter shall apply to authorized and 
     otherwise lawful intelligence activities carried out by or at 
     the direction of the United States.
       (b) Defenses.--Nothing in this section shall be construed 
     to limit or extinguish any defense or protection otherwise 
     available to any person or entity from suit, civil or 
     criminal liability, or damages, or to provide immunity from 
     prosecution for any criminal offense by the proper 
     authorities.
       (c) Existing Extraterritorial Jurisdiction.--Nothing in 
     this chapter or the amendments made by this chapter shall be 
     construed to limit or affect the extraterritorial 
     jurisdiction related to any Federal statute not amended by 
     this chapter.


                               definition

       Sec. 11306. For purposes of this chapter and the amendments 
     made by this chapter, the term ``Executive agency'' has the 
     meaning given in section 105 of title 5, United States Code.


                             effective date

       Sec. 11307. (a) Immediate Effectiveness.--The provisions of 
     this chapter shall enter into effect immediately upon the 
     enactment of this Act.
       (b) Implementation.--The Attorney General and the head of 
     any other Federal department or agency to which this chapter 
     applies shall have 90 days after the date of the enactment of 
     this Act to ensure compliance with the provisions of this 
     chapter.
  The text of House amendment No. 3 to the Senate amendment is as 
follows:

       Page 1 of the Senate engrossed amendment, strike line 1 and 
     all that follows through the end of line 21 on page 59, and 
     insert the following:
        That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2008, and for other purposes, 
     namely:

    TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL 
              AFFAIRS, AND OTHER SECURITY-RELATED MATTERS

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

       For an additional amount for ``Public Law 480 Title II 
     Grants'', $850,000,000, to remain available until expended.
       For an additional amount for ``Public Law 480 Title II 
     Grants'', $395,000,000, to become available on October 1, 
     2008, and to remain available until expended.

               CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF JUSTICE

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $4,000,000, to remain available until September 
     30, 2009.

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $1,648,000, to remain available 
     until September 30, 2009.

             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $5,000,000, to remain available 
     until September 30, 2009.

                     United States Marshals Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $18,621,000, to remain available until September 30, 2009.

[[Page H3921]]

                    Federal Bureau of Investigation

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $92,169,000, to remain available until September 30, 2009.
       For an additional amount for ``Salaries and Expenses'', 
     $82,600,000, to become available on October 1, 2008, and to 
     remain available until September 30, 2009.

                    Drug Enforcement Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $12,166,000, to remain available until September 30, 2009.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2009.

                         Federal Prison System

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $9,100,000, to remain available until September 30, 2009.

         CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $1,432,700,000, to remain available until September 
     30, 2009: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That of the 
     funds provided under this heading, not to exceed $73,400,000 
     shall be available for study, planning, design, and architect 
     and engineer services: Provided further, That of the funds 
     made available under this heading, $72,000,000 shall not be 
     obligated or expended until after that date on which the 
     Secretary of Defense submits a detailed spending plan, 
     including a 1391 form for each facilities replacement 
     project, to the Committees on Appropriations of the House of 
     Representatives and Senate: Provided further, That of the 
     funds provided under this heading, $533,700,000 shall not be 
     obligated or expended until the Secretary of Defense 
     certifies that none of the funds are to be used for the 
     purpose of providing facilities for the permanent basing of 
     United States military personnel in Iraq.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $423,357,000, to remain available until 
     September 30, 2009: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That of the funds provided under this heading, not to exceed 
     $15,843,000 shall be available for study, planning, design, 
     and architect and engineer services.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $409,627,000, to remain available until September 
     30, 2009: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That of the 
     funds provided under this heading, not to exceed $36,427,000 
     shall be available for study, planning, design, and architect 
     and engineer services: Provided further, That of the funds 
     provided under this heading, $58,300,000 shall not be 
     obligated or expended until the Secretary of Defense 
     certifies that none of the funds are to be used for the 
     purpose of providing facilities for the permanent basing of 
     United States military personnel in Iraq.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $1,009,600,000, to remain available until 
     September 30, 2009: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That of the funds provided, $982,000,000 shall be for medical 
     treatment facilities construction (including planning and 
     design) and shall remain available until September 30, 2012.

           Family Housing Construction, Navy and Marine Corps

       For an additional amount for ``Family Housing Construction, 
     Navy and Marine Corps,'' $11,766,000, to remain available 
     until September 30, 2009: Provided, That notwithstanding any 
     other provision of law, such funds may be obligated and 
     expended to carry out planning and design and military 
     construction projects not otherwise authorized by law.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $1,354,634,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       general operating expenses

       For an additional amount for ``General Operating 
     Expenses'', $100,000,000, to remain available until September 
     30, 2009.

                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $20,000,000, to remain available until September 
     30, 2009.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 1301. None of the funds appropriated in this or any 
     other Act may be used to terminate, reorganize, or relocate 
     the Armed Forces Institute of Pathology until the President 
     has established, as required by section 722 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint 
     Pathology Center.

         CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

     SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

        For an additional amount for ``Diplomatic and Consular 
     Programs'', $1,606,808,000, to remain available until 
     September 30, 2009, of which $210,508,000 for worldwide 
     security protection is available until expended: Provided, 
     That not more than $1,295,000,000 of the funds appropriated 
     under this heading shall be available for diplomatic 
     operations in Iraq: Provided further, That of the funds 
     appropriated under this heading, not more than $30,000,000 
     shall be available to establish and implement a coordinated 
     civilian response capacity at the United States Department of 
     State.

                      office of inspector general

                     (including transfer of funds)

        For an additional amount for ``Office of Inspector 
     General'', $7,500,000, to remain available until September 
     30, 2009: Provided, That $2,500,000 shall be transferred to 
     the Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight.

            embassy security, construction, and maintenance

        For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $76,700,000, to remain 
     available until expended, for facilities in Afghanistan.

                      International Organizations

              contributions to international organizations

        For an additional amount for ``Contributions to 
     International Organizations'', $53,000,000 to remain 
     available until September 30, 2009.

        contributions for international peacekeeping activities

        For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $333,600,000, to 
     remain available until September 30, 2009, for the United 
     Nations-African Union Hybrid Mission in Darfur.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

        For an additional amount for ``International Disaster 
     Assistance'', $200,000,000, to remain available until 
     expended.

   operating expenses of the united states agency for international 
                              development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $142,000,000, to remain available until September 30, 2009: 
     Provided, That of the funds appropriated under this heading, 
     not more than $20,000,000 shall be available to establish and 
     implement a coordinated civilian response capacity at the 
     United States Agency for International Development.

   operating expenses of the united states agency for international 
                development office of inspector general

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $4,000,000, to remain available until 
     September 30, 2009.

                  Other Bilateral Economic Assistance

                         economic support fund

        For an additional amount for ``Economic Support Fund'', 
     $1,747,000,000, to remain available until September 30, 2009, 
     of which not more than $440,000,000 may be made available for 
     assistance for Iraq, $150,000,000 shall be made available for 
     assistance for Jordan to meet the needs of Iraqi refugees, 
     and up to $53,000,000 may be available for energy-related 
     assistance for North Korea, notwithstanding any other 
     provision of law: Provided, That not more than $100,000,000 
     of the funds appropriated under this heading shall be made 
     available for assistance for the West Bank and none of such 
     funds shall be for cash transfer assistance: Provided 
     further, That of the funds appropriated under this heading, 
     $1,000,000 shall be made available for the Office of the 
     United Nations High Commissioner for Human Rights in Mexico: 
     Provided further, That the funds made available under this 
     heading for energy-related assistance for

[[Page H3922]]

     North Korea may be made available to support the goals of the 
     Six Party Talks Agreements after the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that North Korea is continuing to fulfill its commitments 
     under such agreements.

                          Department of State

                             democracy fund

        For an additional amount for ``Democracy Fund'', 
     $75,000,000, to remain available until September 30, 2009, 
     for democracy programs in Iraq.

          international narcotics control and law enforcement

        For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $419,300,000, to remain 
     available until September 30, 2009: Provided, That not more 
     than $25,000,000 of the funds appropriated by this subchapter 
     shall be made available for security assistance for the West 
     Bank.

                    migration and refugee assistance

        For an additional amount for ``Migration and Refugee 
     Assistance'', $300,000,000, to remain available until 
     expended.

     united states emergency refugee and migration assistance fund

        For an additional amount for ``United States Emergency 
     Refugee and Migration Assistance Fund'', $25,000,000, to 
     remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

        For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $11,200,000, to 
     remain available until September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

        For an additional amount for ``Foreign Military Financing 
     Program'', $72,500,000, to remain available until September 
     30, 2009, of which up to $66,500,000 shall be made available 
     for assistance for Mexico.

 SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                                  2009

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

        For an additional amount for ``Diplomatic and Consular 
     Programs'', $737,900,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009: Provided, That of the funds appropriated under this 
     heading, $78,400,000 is for worldwide security protection and 
     shall remain available until expended: Provided further, That 
     not more than $581,500,000 of the funds appropriated under 
     this heading shall be available for diplomatic operations in 
     Iraq.

                      office of inspector general

                     (including transfers of funds)

        For an additional amount for ``Office of Inspector 
     General'', $57,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009: Provided, That $46,500,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight and up to $5,000,000 shall be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.

            embassy security, construction, and maintenance

        For an additional amount for ``Embassy Security, 
     Construction, and Maintenance,'' $41,300,000, which shall 
     become available on October 1, 2008 and remain available 
     until expended, for facilities in Afghanistan.

                      International Organizations

              contributions to international organizations

        For an additional amount for ``Contributions to 
     International Organizations'', $75,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009.

        contributions for international peacekeeping activities

        For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $150,500,000, which 
     shall become available on October 1, 2008 and remain 
     available through September 30, 2009.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

        For an additional amount for ``International Broadcasting 
     Operations'', $8,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

        For an additional amount for ``Global Health and Child 
     Survival'', $75,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009, for programs to combat avian influenza.

                         development assistance

        For an additional amount for ``Development Assistance'', 
     $200,000,000, for assistance for developing countries to 
     address the international food crisis notwithstanding any 
     other provision of law, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2010: Provided, That such assistance should be carried out 
     consistent with the purposes of section 103(a)(1) of the 
     Foreign Assistance Act of 1961: Provided further, That not 
     more than $50,000,000 should be made available for local or 
     regional purchase and distribution of food: Provided further, 
     That the Secretary of State shall submit to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act, and prior to the initial obligation of funds 
     appropriated under this heading, a report on the proposed 
     uses of such funds to alleviate hunger and malnutrition, 
     including a list of those countries facing significant food 
     shortages.

                   international disaster assistance

        For an additional amount for ``International Disaster 
     Assistance'', $200,000,000, which shall become available on 
     October 1, 2008 and remain available until expended.

   operating expenses of the united states agency for international 
                              development

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $93,000,000, which shall become available on October 1, 2008 
     and remain available through September 30, 2009.

   operating expenses of the united states agency for international 
                development office of inspector general

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $1,000,000, which shall become available 
     on October 1, 2008 and remain available through September 30, 
     2009.

                  Other Bilateral Economic Assistance

                         economic support fund

        For an additional amount for ``Economic Support Fund,'' 
     $1,147,300,000, which shall become available on October 1, 
     2008 and remain available through September 30, 2009, of 
     which not more than $100,000,000 may be made available for 
     assistance for Iraq, $100,000,000 shall be made available for 
     assistance for Jordan, and $15,000,000 may be made available 
     for energy-related assistance for North Korea, 
     notwithstanding any other provision of law: Provided, That 
     not more than $150,000,000 of the funds appropriated under 
     this heading in this subchapter shall be made available for 
     assistance for the West Bank.

                          Department of State

          international narcotics control and law enforcement

        For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $204,500,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009: Provided, That not more than 
     $50,000,000 of the funds made available by this subchapter 
     shall be made available for security assistance for the West 
     Bank and up to $53,500,000 shall be made available for 
     assistance for Mexico.

                    migration and refugee assistance

        For an additional amount for ``Migration and Refugee 
     Assistance'', $350,000,000, which shall become available on 
     October 1, 2008 and remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

        For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $4,500,000, for 
     humanitarian demining assistance for Iraq, which shall become 
     available on October 1, 2008 and remain available through 
     September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

        For an additional amount for ``Foreign Military Financing 
     Program'', $170,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009, of which $100,000,000 shall be made available for 
     assistance for Jordan and up to $50,000,000 shall be made 
     available for assistance for Mexico: Provided, That section 
     3802(c) of title III, chapter 8 of Public Law 110-28 shall 
     apply to funds made available under this heading for 
     assistance for Lebanon.

                        peacekeeping operations

        For an additional amount for ``Peacekeeping Operations'', 
     $85,000,000, which shall become available on October 1, 2008 
     and remain available through September 30, 2009.

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER


                        extension of authorities

       Sec. 1401. Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).


                              afghanistan

       Sec. 1402 (a) Assistance for Women and Girls.--Funds 
     appropriated by this chapter under the heading ``Economic 
     Support Fund'' that are available for assistance for 
     Afghanistan shall be made available, to the maximum extent 
     practicable, through local Afghan provincial and municipal 
     governments and Afghan civil society organizations and in a 
     manner that emphasizes the participation of Afghan women and 
     directly improves the economic, social and political status 
     of Afghan women and girls.

[[Page H3923]]

       (b) Higher Education.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     made available for education programs in Afghanistan, not 
     less than 50 percent shall be made available to support 
     higher education and vocational training programs in law, 
     accounting, engineering, public administration, and other 
     disciplines necessary to rebuild the country, in which the 
     participation of women is emphasized.
       (c) Civilian Assistance.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan, not less than 
     $2,000,000 shall be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund.
       (d) Anticorruption.--Not later than 90 days after enactment 
     of this Act, the Secretary of State shall--
       (1) submit a report to the Committees on Appropriations on 
     actions being taken by the Government of Afghanistan to 
     combat corruption within the national and provincial 
     governments, including to remove and prosecute officials who 
     have committed corrupt acts;
       (2) submit a list to the Committees on Appropriations, in 
     classified form if necessary, of senior Afghan officials who 
     the Secretary has credible evidence to believe have committed 
     corrupt acts; and
       (3) certify and report to the Committees on Appropriations 
     that effective mechanisms are in place to ensure that 
     assistance to national government ministries and provincial 
     governments will be properly accounted for.


                               west bank

       Sec. 1403. Not later than 90 days after the date of 
     enactment of this Act, and 180 days thereafter, the Secretary 
     of State shall submit to the Committees on Appropriations a 
     report on assistance provided by the United States for the 
     training of Palestinian security forces, including detailed 
     descriptions of the training, curriculum, and equipment 
     provided; an assessment of the training and the performance 
     of forces after training has been completed; and a 
     description of the assistance that has been pledged and 
     provided to Palestinian security forces by other donors: 
     Provided, That not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall report to 
     the Committees on Appropriations, in classified form if 
     necessary, on the security strategy of the Palestinian 
     Authority.


                                 mexico

       Sec. 1404. (a) Assistance for Mexico.--Of the funds 
     appropriated under the headings ``International Narcotics 
     Control and Law Enforcement'', ``Foreign Military Financing 
     Program'', and ``Economic Support Fund'' in this chapter, not 
     more than $296,500,000 of the funds appropriated in 
     subchapter A and $103,500,000 of the funds appropriated in 
     subchapter B shall be made available for assistance for 
     Mexico, only to combat drug trafficking and related violent 
     crime, and for judicial reform, institution building, and 
     rule of law activities, of which not less than $73,500,000 
     shall be used for judicial reform, institution building, and 
     rule of law activities: Provided, That none of the funds made 
     available under this section shall be made available for 
     budget support or as cash payments: Provided further, That 
     none of the funds made available under this section shall be 
     available for obligation until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that vetting procedures are in place to ensure that relevant 
     members and units of the Mexican armed forces and police 
     forces that may receive assistance pursuant to this section 
     have not been involved in human rights violations or corrupt 
     acts.
       (b) Allocation of Funds.--25 percent of the funds made 
     available by this chapter for assistance for Mexico under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Foreign Military Financing Program'' 
     shall be withheld from obligation until the Secretary of 
     State reports to the Committees on Appropriations on the 
     requirements described in subsection (c).
       (c) Requirements.--The requirements referred to in 
     subsection (b) are the following:
       (1) The Government of Mexico is--
       (A) improving the transparency and accountability of 
     Federal police forces and engaging with state and municipal 
     authorities to improve the transparency and accountability of 
     state and municipal police forces through mechanisms such as 
     police complaints commissions;
       (B) ensuring meaningful engagement with civil society to 
     monitor efforts to combat drug trafficking and related 
     violent crime, judicial reform, institution building, and 
     rule of law activities to ensure due process and the 
     protection of freedom of expression, association, and 
     assembly in accordance with Mexican and international law; 
     and
       (C) ensuring that, in accordance with applicable Mexican 
     law, the Mexican armed forces and the Federal police forces 
     are cooperating with civilian prosecutors and judicial 
     authorities in investigating and prosecuting in the civilian 
     justice system those individuals, including military 
     personnel, who have been credibly alleged under Mexican law 
     to have committed violations of internationally recognized 
     human rights, and, consistent with Mexican and international 
     law, is vigorously enforcing the prohibition on the use of 
     testimony obtained through torture or other ill-treatment.
       (2) The Federal Public Security Secretary and the Minister 
     of Defense, respectively, in accordance with applicable 
     Mexican law, are suspending or placing on administrative 
     duty, those members of the Federal police and armed forces 
     who have been credibly alleged under Mexican law, to have 
     committed violations of internationally recognized human 
     rights or participated in corrupt acts and have established 
     policies that reward respect for human rights, in particular 
     regarding the use of force.
       (3) The Attorney General and other relevant authorities of 
     the Mexican Government are investigating and prosecuting 
     members of the Mexican armed forces and police forces who 
     have been credibly alleged under Mexican law to have 
     committed violations of internationally recognized human 
     rights.
       (d) Exception.--Notwithstanding subsections (b) and (c), of 
     the funds appropriated by subchapter A for assistance for 
     Mexico under the heading ``International Narcotics Control 
     and Law Enforcement'', $3,000,000 shall be made available for 
     technical and other assistance to enable the Government of 
     Mexico to implement a unified national registry encompassing 
     Federal, state, and municipal police officials, and 
     $5,000,000 may be made available to the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to deploy special agents in 
     Mexico to support Mexican law enforcement agencies in tracing 
     seized firearms and investigating firearms trafficking cases: 
     Provided, That section 484(a) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2291c(a)) shall not apply with respect to 
     assistance for Mexico made available by this chapter.
       (e) Report.--The report required in subsection (b) shall 
     include a description of actions taken with respect to each 
     requirement specified in subsection (c) and the cases or 
     issues brought to the attention of the Secretary of State for 
     which the response or action taken has been inadequate.
       (f) Vetting.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the Committees on Appropriations a report, in classified form 
     if necessary, detailing the procedures used to vet Mexican 
     armed forces and police forces for eligibility to receive 
     assistance under this section.
       (g) Notification.--Funds made available for Mexico by this 
     chapter shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
     1).
       (h) Spending Plan.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a detailed 
     spending plan for funds appropriated or otherwise made 
     available for Mexico by this chapter, which shall include a 
     strategy for combating drug trafficking and related violent 
     crime, judicial reform, institution building, and rule of law 
     activities, with concrete goals, actions to be taken, budget 
     proposals, and anticipated results.
       (i) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until September 30, 2010, the Secretary of State shall 
     consult with Mexican and internationally recognized human 
     rights organizations on progress in meeting the requirements 
     described in subsection (c).


                            central america

       Sec. 1405. (a) Assistance for the Countries of Central 
     America.--Of the funds appropriated in subchapter A under the 
     headings ``International Narcotics Control and Law 
     Enforcement'', ``Foreign Military Financing Program'', 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'', and ``Economic Support Fund'', $61,500,000 shall 
     be made available for assistance for the countries of Central 
     America, Haiti, and the Dominican Republic only to combat 
     drug trafficking and related violent crime, and for judicial 
     reform, institution building, rule of law activities, and 
     maritime security: Provided, That of the funds appropriated 
     under the heading ``Economic Support Fund'', $15,000,000 
     shall be made available through the United States Agency for 
     International Development for an Economic and Social 
     Development Fund for the countries of Central America: 
     Provided further, That of the funds appropriated under the 
     heading ``International Narcotics Control and Law 
     Enforcement'', $2,500,000 shall be made available for 
     assistance for Haiti and $2,500,000 shall be made available 
     for assistance for the Dominican Republic: Provided further, 
     That none of the funds shall be made available for budget 
     support or as cash payments: Provided further, That none of 
     the funds shall be available for obligation until the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that vetting procedures are in place to 
     ensure that Federal and municipal police forces and the armed 
     forces of the countries of Central America that may receive 
     assistance pursuant to this section have not been involved in 
     human rights violations or corrupt acts.
       (b) Allocation of Funds.--(1) Up to 75 percent of the funds 
     appropriated under the headings ``International Narcotics 
     Control and Law Enforcement'' and ``Foreign Military 
     Financing Program'' in subchapter A that are available for 
     assistance for the countries of Central America may be 
     obligated prior to the certification and report by the 
     Secretary of State required in paragraph (2).

[[Page H3924]]

       (2) The balance of the funds may be obligated not less than 
     120 days after the date of the enactment of this Act if, 
     before such obligation, the Secretary of State determines and 
     reports to the Committees on Appropriations that the 
     requirements in subsection (c) have been met.
       (c) Requirements.--The requirements referred to in 
     subsection (b)(2) are the following:
       (1) The International Law Enforcement Academy (ILEA) in San 
     Salvador, El Salvador is establishing a vetting procedure for 
     police and other public security officials attending programs 
     at the ILEA.
       (2) The countries of Central America are--
       (A) vetting members and units of Federal and municipal 
     police forces and the armed forces that may receive 
     assistance to ensure such members and units have not been 
     involved in human rights violations or corrupt acts;
       (B) strengthening law enforcement capabilities, developing 
     effective systems information exchange, improving demand 
     reduction, and expanding public education, prevention, and 
     treatment programs;
       (C) improving controls on chemical precursors;
       (D) adopting and implementing reforms that improve the 
     capacity and protect the independence of the judiciary;
       (E) reforming criminal procedures to ensure due process and 
     training Federal and municipal police leadership in modern 
     policing to curb police abuses;
       (F) targeting organizational structures and financial and 
     other assets of drug cartels;
       (G) taking steps to curb corruption in law enforcement 
     agencies; and
       (H) suspending, prosecuting, and punishing members of the 
     police forces who have been credibly alleged to have 
     committed violations of human rights and corrupt acts, and 
     establishing policies for members of such forces that reward 
     respect for human rights, in particular regarding the use of 
     force.
       (d) Report.--The report required in subsection (b)(2) shall 
     include actions taken with respect to each requirement and 
     the cases or issues brought to the attention of the Secretary 
     for which the response or action taken has been inadequate.
       (e) Vetting.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations, in classified 
     form if necessary, detailing the procedures used by the 
     Government of the United States to vet the Federal and 
     municipal police and the armed forces of the countries of 
     Central America for eligibility to receive assistance under 
     this section.
       (f) Notification.--Funds made available for the countries 
     of Central America in subchapter A shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations and section 634A of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2394-1).
       (g) Spending Plan.--Not later than 45 days after enactment 
     of this Act the Secretary of State shall submit to the 
     Committees on Appropriations a detailed spending plan for 
     funds appropriated or otherwise made available for the 
     countries of Central America, Haiti and the Dominican 
     Republic in subchapter A, which shall include a strategy for 
     combating drug trafficking and related violent crime, 
     judicial reform, institution building, and rule of law 
     activities, with concrete goals, actions to be taken, budget 
     proposals and anticipated results.
       (h) Consultation.--Not later than 90 days after the date of 
     enactment of this Act and every 120 days thereafter until 
     September 30, 2010, the Secretary of State shall consult with 
     internationally recognized human rights organizations, and 
     human rights organizations in the countries of Central 
     America receiving assistance pursuant to this section, on 
     progress in meeting the requirements described in subsection 
     (c).
       (i) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.

                    buying power maintenance account

                     (including transfer of funds)

       Sec. 1406. (a) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' and allocated by section 
     3810 of the U.S. Troop Readiness, Veterans' Care, Katrina 
     Recovery, and Iraq Accountability Appropriations Act, 2007 
     (Public Law 110-28), $26,000,000 shall be transferred to and 
     merged with funds in the ``Buying Power Maintenance 
     Account'': Provided, That of the funds made available by this 
     chapter up to an additional $74,000,000 may be transferred to 
     and merged with the ``Buying Power Maintenance Account'', 
     subject to the regular notification procedures of the 
     Committees on Appropriations and in accordance with the 
     procedures in section 34 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2706). Any funds 
     transferred pursuant to this section shall be available, 
     without fiscal year limitation, pursuant to section 24 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2696).
       (b) Section 24(b)(7) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 
     amending subparagraph (D) to read as follows:
       ``(D) The authorities contained in this paragraph may be 
     exercised only with respect to funds appropriated or 
     otherwise made available after fiscal year 2008.''.


                              rescissions

       Sec. 1407. (a) World Food Program.--(1) For an additional 
     amount for a contribution to the World Food Program to assist 
     farmers in countries affected by food shortages to increase 
     crop yields, notwithstanding any other provision of law, 
     $20,000,000, to remain available until expended.
       (2) Of the funds appropriated under the heading ``Andean 
     Counterdrug Initiative'' in prior Acts making appropriations 
     for foreign operations, export financing, and related 
     programs, $20,000,000 are rescinded.
       (b) Sudan.--(1) For an additional amount for 
     ``International Narcotics Control and Law Enforcement'', 
     $10,000,000, for assistance for Sudan to support formed 
     police units, to remain available until September 30, 2009, 
     and subject to prior consultation with the Committees on 
     Appropriations.
       (2) Of the funds appropriated under the heading 
     ``International Narcotics Control and Law Enforcement'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs, $10,000,000 are 
     rescinded.
       (c) Section 8002 of this Act shall not apply to this 
     section.


                              allocations

       Sec. 1408. (a) Funds provided in this chapter for the 
     following accounts shall be made available for programs and 
     countries in the amounts contained in the respective tables 
     included in the explanatory statement printed in the 
     Congressional Record accompanying this Act:
       ``Diplomatic and Consular Programs''
       ``Economic Support Fund''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the explanatory statement printed 
     in the Congressional Record accompanying this Act shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.


                        reprogramming authority

       Sec. 1409. Notwithstanding any other provision of law, to 
     include minimum funding requirements or funding directives, 
     funds made available under the headings ``Development 
     Assistance'' and ``Economic Support Fund'' in prior Acts 
     making appropriations for foreign operations, export 
     financing, and related programs may be made available to 
     address critical food shortages, subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.


               spending plan and notification procedures

       Sec. 1410. (a) Subchapter A Spending Plan.--Not later than 
     45 days after the enactment of this Act the Secretary of 
     State shall submit to the Committees on Appropriations a 
     report detailing planned expenditures for funds appropriated 
     under the headings in subchapter A, except for funds 
     appropriated under the headings ``International Disaster 
     Assistance'', ``Migration and Refugee Assistance'', and 
     ``United States Emergency Refugee and Migration Assistance 
     Fund''.
       (b) Subchapter B Spending Plan.--The Secretary of State 
     shall submit to the Committees on Appropriations not later 
     than November 1, 2008, and prior to the initial obligation of 
     funds, a detailed spending plan for funds appropriated or 
     otherwise made available in subchapter B, except for funds 
     appropriated under the headings ``International Disaster 
     Assistance'', ``Migration and Refugee Assistance'', and 
     ``United States Emergency Refugee and Migration Assistance 
     Fund''.
       (c) Notification.--Funds made available in this chapter 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations and section 634A of the 
     Foreign Assistance Act of 1961.


                          terms and conditions

       Sec. 1411. Unless otherwise provided for in this Act, funds 
     appropriated or otherwise made available by this chapter 
     shall be available under the authorities and conditions 
     provided in the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161), except that section 699K of such Act 
     shall not apply to funds in this chapter.

                       TITLE II--DOMESTIC MATTERS

               CHAPTER 1--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

                     (including transfer of funds)

       For an additional amount for ``Periodic Censuses and 
     Programs'', $210,000,000, to remain available until expended, 
     for necessary expenses related to the 2010 Decennial Census: 
     Provided, That not less than $3,000,000 shall be transferred 
     to the ``Office of Inspector General'' at the Department of 
     Commerce for necessary expenses associated with oversight 
     activities of the 2010 Decennial Census: Provided further, 
     That not less than $1,000,000 shall be used only for a 
     reimbursable agreement with the Defense Contract Management 
     Agency to provide continuing contract management oversight of 
     the 2010 Decennial Census.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $178,000,000, to remain available until September 30, 2008.

[[Page H3925]]

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

       For an additional amount for ``Construction'', for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, 
     $2,835,000,000, to remain available until expended: Provided, 
     That such sums shall not be available until October 1, 2008: 
     Provided further, That the Secretary of the Army is directed 
     to use $1,997,000,000 of the funds provided herein to modify 
     authorized projects in southeast Louisiana to provide 
     hurricane, storm and flood damage reduction in the greater 
     New Orleans and surrounding areas to the levels of protection 
     necessary to achieve the certification required for 
     participation in the National Flood Insurance Program under 
     the base flood elevations current at the time of enactment of 
     this Act, and shall use $1,077,000,000 of those funds for the 
     Lake Pontchartrain and Vicinity project and $920,000,000 of 
     those funds for the West Bank and Vicinity project: Provided 
     further, That, in addition, $838,000,000 of the funds 
     provided herein shall be for elements of Southeast Louisiana 
     Urban Drainage project within the geographic perimeter of the 
     West Bank and Vicinity and Lake Pontchartrain and Vicinity 
     projects, to provide for interior drainage of runoff from 
     rainfall with a ten percent annual exceedance probability: 
     Provided further, That the amounts provided herein shall be 
     subject to a 65 percent Federal / 35 percent non-Federal cost 
     share for the specified purposes: Provided further, That 
     beginning not later than 60 days after the date of enactment 
     of this Act, the Chief of Engineers, acting through the 
     Assistant Secretary of the Army for Civil Works, shall 
     provide monthly reports to the Committees on Appropriations 
     of the House of Representatives and the Senate detailing the 
     allocation and obligation of these funds.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of Hurricane Katrina and other 
     hurricanes of the 2005 season, $2,926,000,000, to remain 
     available until expended: Provided, That such sums shall not 
     be available until October 1, 2008: Provided further, That 
     funds provided herein shall be used to reduce the risk of 
     hurricane and storm damages to the greater New Orleans 
     metropolitan area, at full Federal expense, for the 
     following: $704,000,000 shall be used to modify the 17th 
     Street, Orleans Avenue, and London Avenue drainage canals and 
     install pumps and closure structures at or near the 
     lakefront; $90,000,000 shall be used for storm-proofing 
     interior pump stations to ensure the operability of the 
     stations during hurricanes, storms, and high water events; 
     $459,000,000 shall be used for armoring critical elements of 
     the New Orleans hurricane and storm damage reduction system; 
     $53,000,000 shall be used to improve protection at the Inner 
     Harbor Navigation Canal; $456,000,000 shall be used to 
     replace or modify certain non-Federal levees in Plaquemines 
     Parish to incorporate the levees into the existing New 
     Orleans to Venice hurricane protection project; $412,000,000 
     shall be used for reinforcing or replacing flood walls, as 
     necessary, in the existing Lake Pontchartrain and Vicinity 
     project and the existing West Bank and Vicinity project to 
     improve the performance of the systems; $393,000,000 shall be 
     used for repair and restoration of authorized protections and 
     floodwalls; and $359,000,000 shall be used to complete the 
     authorized protection for the Lake Pontchartrain and Vicinity 
     Project and for the West Bank and Vicinity Project: Provided 
     further, That beginning not later than 60 days after the date 
     of enactment of this Act, the Chief of Engineers, acting 
     through the Assistant Secretary of the Army for Civil Works, 
     shall provide monthly reports to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds: 
     Provided further, That any project using funds appropriated 
     under this heading shall be initiated only after non-Federal 
     interests have entered into binding agreements with the 
     Assistant Secretary of the Army for Civil Works requiring the 
     non-Federal interests to pay 100 percent of the operation, 
     maintenance, repair, replacement, and rehabilitation costs of 
     completed elements and to hold and save the United States 
     free from damages due to the construction, operation, and 
     maintenance of the project, except for damages due to the 
     fault or negligence of the United States or its contractors: 
     Provided further, That the expenditure of funds as provided 
     above may be made without regard to individual amounts or 
     purposes except that any reallocation of funds that is 
     necessary to accomplish the established goals is authorized, 
     subject to the approval of the House and Senate Committees on 
     Appropriations.

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

     state unemployment insurance and employment service operations

        For an additional amount for ``State Unemployment 
     Insurance and Employment Service Operations'' for grants to 
     the States for the administration of State unemployment 
     insurance, $110,000,000, which may be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund, to be used for unemployment 
     insurance workloads experienced by the States through 
     September 30, 2008, which shall be available for Federal 
     obligation through December 31, 2008.

                     CHAPTER 4--LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

        For payment to Annette Lantos, widow of Tom Lantos, late a 
     Representative from the State of California, $169,300: 
     Provided, That section 8002 shall not apply to this 
     appropriation.

               TITLE III--VETERANS EDUCATIONAL ASSISTANCE


                              short title

       Sec. 3001. This title may be cited as the ``Post-9/11 
     Veterans Educational Assistance Act of 2008''.


                                findings

       Sec. 3002. Congress makes the following findings:
       (1) On September 11, 2001, terrorists attacked the United 
     States, and the brave members of the Armed Forces of the 
     United States were called to the defense of the Nation.
       (2) Service on active duty in the Armed Forces has been 
     especially arduous for the members of the Armed Forces since 
     September 11, 2001.
       (3) The United States has a proud history of offering 
     educational assistance to millions of veterans, as 
     demonstrated by the many ``G.I. Bills'' enacted since World 
     War II. Educational assistance for veterans helps reduce the 
     costs of war, assist veterans in readjusting to civilian life 
     after wartime service, and boost the United States economy, 
     and has a positive effect on recruitment for the Armed 
     Forces.
       (4) The current educational assistance program for veterans 
     is outmoded and designed for peacetime service in the Armed 
     Forces.
       (5) The people of the United States greatly value military 
     service and recognize the difficult challenges involved in 
     readjusting to civilian life after wartime service in the 
     Armed Forces.
       (6) It is in the national interest for the United States to 
     provide veterans who serve on active duty in the Armed Forces 
     after September 11, 2001, with enhanced educational 
     assistance benefits that are worthy of such service and are 
     commensurate with the educational assistance benefits 
     provided by a grateful Nation to veterans of World War II.


educational assistance for members of the armed forces who serve after 
                           september 11, 2001

       Sec. 3003. (a) Educational Assistance Authorized.--
       (1) In general.--Part III of title 38, United States Code, 
     is amended by inserting after chapter 32 the following new 
     chapter:

             ``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces 
              commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical 
              skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational 
              assistance.

               ``subchapter iii--administrative provisions

``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

       ``In this chapter:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       ``(A) In the case of members of the regular components of 
     the Armed Forces, the meaning given such term in section 
     101(21)(A) of this title.
       ``(B) In the case of members of the reserve components of 
     the Armed Forces, service on active duty under a call or 
     order to active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10.
       ``(2) The term `entry level and skill training' means the 
     following:
       ``(A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       ``(B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       ``(C) In the case of members of the Air Force, Basic 
     Military Training and Technical Training.

[[Page H3926]]

       ``(D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       ``(E) In the case of members of the Coast Guard, Basic 
     Training.
       ``(3) The term `program of education' has the meaning the 
     meaning given such term in section 3002 of this title, except 
     to the extent otherwise provided in section 3313 of this 
     title.
       ``(4) The term `Secretary of Defense' has the meaning given 
     such term in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

     ``Sec. 3311. Educational assistance for service in the Armed 
       Forces commencing on or after September 11, 2001: 
       entitlement

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 12 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 12 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(8) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 90 days, but less than 6 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 6 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 6 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(c) Covered Discharges and Releases.--A discharge or 
     release from active duty of an individual described in this 
     subsection is a discharge or release as follows:
       ``(1) A discharge from active duty in the Armed Forces with 
     an honorable discharge.
       ``(2) A release after service on active duty in the Armed 
     Forces characterized by the Secretary concerned as honorable 
     service and placement on the retired list, transfer to the 
     Fleet Reserve or Fleet Marine Corps Reserve, or placement on 
     the temporary disability retired list.
       ``(3) A release from active duty in the Armed Forces for 
     further service in a reserve component of the Armed Forces 
     after service on active duty characterized by the Secretary 
     concerned as honorable service.
       ``(4) A discharge or release from active duty in the Armed 
     Forces for--
       ``(A) a medical condition which preexisted the service of 
     the individual as described in the applicable paragraph of 
     subsection (b) and which the Secretary determines is not 
     service-connected;
       ``(B) hardship; or
       ``(C) a physical or mental condition that was not 
     characterized as a disability and did not result from the 
     individual's own willful misconduct but did interfere with 
     the individual's performance of duty, as determined by the 
     Secretary concerned in accordance with regulations prescribed 
     by the Secretary of Defense.
       ``(d) Prohibition on Treatment of Certain Service as Period 
     of Active Duty.--The following periods of service shall not 
     be considered a part of the period of active duty on which an 
     individual's entitlement to educational assistance under this 
     chapter is based:
       ``(1) A period of service on active duty of an officer 
     pursuant to an agreement under section 2107(b) of title 10.
       ``(2) A period of service on active duty of an officer 
     pursuant to an agreement under section 4348, 6959, or 9348 of 
     title 10.
       ``(3) A period of service that is terminated because of a 
     defective enlistment and induction based on--
       ``(A) the individual's being a minor for purposes of 
     service in the Armed Forces;
       ``(B) an erroneous enlistment or induction; or
       ``(C) a defective enlistment agreement.
       ``(e) Treatment of Individuals Entitled Under Multiple 
     Provisions.--In the event an individual entitled to 
     educational assistance under this chapter is entitled by 
     reason of both paragraphs (4) and (5) of subsection (b), the 
     individual shall be treated as being entitled to educational 
     assistance under this chapter by reason of paragraph (5) of 
     such subsection.

     ``Sec. 3312. Educational assistance: duration

       ``(a) In General.--Subject to section 3695 of this title 
     and except as provided in subsections (b) and (c), an 
     individual entitled to educational assistance under this 
     chapter is entitled to a number of months of educational 
     assistance under section 3313 of this title equal to 36 
     months.
       ``(b) Continuing Receipt.--The receipt of educational 
     assistance under section 3313 of this title by an individual 
     entitled to educational assistance under this chapter is 
     subject to the provisions of section 3321(b)(2) of this 
     title.
       ``(c) Discontinuation of Education for Active Duty.--(1) 
     Any payment of educational assistance described in paragraph 
     (2) shall not--
       ``(A) be charged against any entitlement to educational 
     assistance of the individual concerned under this chapter; or
       ``(B) be counted against the aggregate period for which 
     section 3695 of this title limits the individual's receipt of 
     educational assistance under this chapter.
       ``(2) Subject to paragraph (3), the payment of educational 
     assistance described in this paragraph is the payment of such 
     assistance to an individual for pursuit of a course or 
     courses under this chapter if the Secretary finds that the 
     individual--
       ``(A)(i) in the case of an individual not serving on active 
     duty, had to discontinue such course pursuit as a result of 
     being called or ordered to serve on active duty under section 
     688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
     10; or
       ``(ii) in the case of an individual serving on active duty, 
     had to discontinue such course pursuit as a result of being 
     ordered to a new duty location or assignment or to perform an 
     increased amount of work; and
       ``(B) failed to receive credit or lost training time toward 
     completion of the individual's approved education, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in subparagraph (A), the 
     individual's course pursuit.
       ``(3) The period for which, by reason of this subsection, 
     educational assistance is not charged against entitlement or 
     counted toward the applicable aggregate period under section 
     3695 of this title shall not exceed the portion of the period 
     of enrollment in the course or courses from which the 
     individual failed to receive credit or with respect to which 
     the individual lost training time, as determined under 
     paragraph (2)(B).

     ``Sec. 3313. Educational assistance: amount; payment

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other

[[Page H3927]]

     than a program covered by subsections (e) and (f)) the 
     amounts specified in subsection (c) to meet the expenses of 
     such individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.
       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title) and is approved for purposes 
     of chapter 30 of this title (including approval by the State 
     approving agency concerned).
       ``(c) Amount of Educational Assistance.--The amounts 
     payable under this subsection for pursuit of an approved 
     program of education are amounts as follows:
       ``(1) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(1) 
     or 3311(b)(2) of this title, amounts as follows:
       ``(A) An amount equal to the established charges for the 
     program of education, except that the amount payable under 
     this subparagraph may not exceed the maximum amount of 
     established charges regularly charged in-State students for 
     full-time pursuit of approved programs of education for 
     undergraduates by the public institution of higher education 
     offering approved programs of education for undergraduates in 
     the State in which the individual is enrolled that has the 
     highest rate of regularly-charged established charges for 
     such programs of education among all public institutions of 
     higher education in such State offering such programs of 
     education.
       ``(B) A monthly stipend in an amount as follows:
       ``(i) For each month the individual pursues the program of 
     education, other than a program of education offered through 
     distance learning, a monthly housing stipend amount equal to 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution of higher education at 
     which the individual is enrolled.
       ``(ii) For the first month of each quarter, semester, or 
     term, as applicable, of the program of education pursued by 
     the individual, a lump sum amount for books, supplies, 
     equipment, and other educational costs with respect to such 
     quarter, semester, or term in the amount equal to--

       ``(I) $1,000, multiplied by
       ``(II) the fraction which is the portion of a complete 
     academic year under the program of education that such 
     quarter, semester, or term constitutes.

       ``(2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subsection (c)(1)(A), and of similar amounts 
     payable under paragraphs (2) through (7) of subsection (c), 
     for pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(2) Payment of the amount payable under subsection 
     (c)(1)(B), and of similar amounts payable under paragraphs 
     (2) through (7) of subsection (c), for pursuit of a program 
     of education shall be made on a monthly basis.
       ``(3) The Secretary shall prescribe in regulations methods 
     for determining the number of months (including fractions 
     thereof) of entitlement of an individual to educational 
     assistance this chapter that are chargeable under this 
     chapter for an advance payment of amounts under paragraphs 
     (1) and (2) for pursuit of a program of education on a 
     quarter, semester, term, or other basis.
       ``(e) Programs of Education Pursued on Active Duty.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of an approved program of education while on active 
     duty.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     while on active duty is the lesser of--
       ``(A) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(B) the amount of the charges of the educational 
     institution as elected by the individual in the manner 
     specified in section 3014(b)(1) of this title.
       ``(3) Payment of the amount payable under paragraph (2) for 
     pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(f) Programs of Education Pursued on Half-Time Basis or 
     Less.--(1) Educational assistance is payable under this 
     chapter for pursuit of an approved program of education on 
     half-time basis or less.
       ``(2) The educational assistance payable under this chapter 
     to an individual pursuing a program of education on half-time 
     basis or less is the amounts as follows:
       ``(A) The amount equal to the lesser of--
       ``(i) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(ii) the maximum amount that would be payable to the 
     individual for the program of education under paragraph 
     (1)(A) of subsection (c), or under the provisions of 
     paragraphs (2) through (7) of subsection (c) applicable to 
     the individual, for the program of education if the 
     individual were entitled to amounts for the program of 
     education under subsection (c) rather than this subsection.
       ``(B) A stipend in an amount equal to the amount of the 
     appropriately reduced amount of the lump sum amount for 
     books, supplies, equipment, and other educational costs 
     otherwise payable to the individual under subsection (c).
       ``(3) Payment of the amounts payable to an individual under 
     paragraph (2) for pursuit of a program of education on half-
     time basis or less shall be made for the entire quarter, 
     semester, or term, as applicable, of the program of 
     education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at a percentage of a month equal to--
       ``(A) the number of course hours borne by the individual in 
     pursuit of the program of education involved, divided by
       ``(B) the number of course hours for full-time pursuit of 
     such program of education.
       ``(g) Payment of Established Charges to Educational 
     Institutions.--Amounts payable under subsections (c)(1)(A) 
     (and of similar amounts payable under paragraphs (2) through 
     (7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid 
     directly to the educational institution concerned.
       ``(h) Established Charges Defined.--(1) In this section, 
     the term `established charges', in the case of a program of 
     education, means the actual charges (as determined pursuant 
     to regulations prescribed by the Secretary) for tuition and 
     fees which similarly circumstanced nonveterans enrolled in 
     the program of education would be required to pay.
       ``(2) Established charges shall be determined for purposes 
     of this subsection on the following basis:
       ``(A) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(B) In the case of an individual enrolled in a program of 
     education not offered on a term, quarter, or semester basis, 
     the tuition and fees charged the individual for the entire 
     program of education.

     ``Sec. 3314. Tutorial assistance

       ``(a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       ``(b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and

[[Page H3928]]

       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.
       ``(d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     ``Sec. 3315. Licensure and certification tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for one licensing or certification test described in 
     section 3452(b) of this title.
       ``(b) Limitation on Amount.--The amount payable under 
     subsection (a) for a licensing or certification test may not 
     exceed the lesser of--
       ``(1) $2,000; or
       ``(2) the fee charged for the test.
       ``(c) No Charge Against Entitlement.--Any amount paid an 
     individual under subsection (a) is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

     ``Sec. 3316. Supplemental educational assistance: members 
       with critical skills or specialty; members serving 
       additional service

       ``(a) Increased Assistance for Members With Critical Skills 
     or Specialty.--(1) In the case of an individual who has a 
     skill or specialty designated by the Secretary concerned as a 
     skill or specialty in which there is a critical shortage of 
     personnel or for which it is difficult to recruit or, in the 
     case of critical units, retain personnel, the Secretary 
     concerned may increase the monthly amount of educational 
     assistance otherwise payable to the individual under 
     paragraph (1)(B) of section 3313(c) of this title, or under 
     paragraphs (2) through (7) of such section (as applicable).
       ``(2) The amount of the increase in educational assistance 
     authorized by paragraph (1) may not exceed the amount equal 
     to the monthly amount of increased basic educational 
     assistance providable under section 3015(d)(1) of this title 
     at the time of the increase under paragraph (1).
       ``(b) Supplemental Assistance for Additional Service.--(1) 
     The Secretary concerned may provide for the payment to an 
     individual entitled to educational assistance under this 
     chapter of supplemental educational assistance for additional 
     service authorized by subchapter III of chapter 30 of this 
     title. The amount so payable shall be payable as an increase 
     in the monthly amount of educational assistance otherwise 
     payable to the individual under paragraph (1)(B) of section 
     3313(c) of this title, or under paragraphs (2) through (7) of 
     such section (as applicable).
       ``(2) Eligibility for supplement educational assistance 
     under this subsection shall be determined in accordance with 
     the provisions of subchapter III of chapter 30 of this title, 
     except that any reference in such provisions to eligibility 
     for basic educational assistance under a provision of 
     subchapter II of chapter 30 of this title shall be treated as 
     a reference to eligibility for educational assistance under 
     the appropriate provision of this chapter.
       ``(3) The amount of supplemental educational assistance 
     payable under this subsection shall be the amount equal to 
     the monthly amount of supplemental educational payable under 
     section 3022 of this title.
       ``(c) Regulations.--The Secretaries concerned shall 
     administer this section in accordance with such regulations 
     as the Secretary of Defense shall prescribe.

     ``Sec. 3317. Public-private contributions for additional 
       educational assistance

       ``(a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).
       ``(b) Designation of Program.--The program under this 
     section shall be known as the `Yellow Ribbon G.I. Education 
     Enhancement Program'.
       ``(c) Agreements.--The Secretary shall enter into an 
     agreement with each college or university seeking to 
     participate in the program under this section. Each agreement 
     shall specify the following:
       ``(1) The manner (whether by direct grant, scholarship, or 
     otherwise) of the contributions to be made by the college or 
     university concerned.
       ``(2) The maximum amount of the contribution to be made by 
     the college or university concerned with respect to any 
     particular individual in any given academic year.
       ``(3) The maximum number of individuals for whom the 
     college or university concerned will make contributions in 
     any given academic year.
       ``(4) Such other matters as the Secretary and the college 
     or university concerned jointly consider appropriate.
       ``(d) Matching Contributions.--(1) In instances where the 
     educational assistance provided an individual under section 
     3313(c)(1)(A) of this title does not cover the full cost of 
     tuition and mandatory fees at a college or university, the 
     Secretary shall provide up to 50 percent of the remaining 
     costs for tuition and mandatory fees if the college or 
     university voluntarily enters into an agreement with the 
     Secretary to match an equal percentage of any of the 
     remaining costs for such tuition and fees.
       ``(2) Amounts available to the Secretary under section 
     3324(b) of this title for payment of the costs of this 
     chapter shall be available to the Secretary for purposes of 
     paragraph (1).
       ``(e) Outreach.--The Secretary shall make available on the 
     Internet website of the Department available to the public a 
     current list of the colleges and universities participating 
     in the program under this section. The list shall specify, 
     for each college or university so listed, appropriate 
     information on the agreement between the Secretary and such 
     college or university under subsection (c).

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

     ``Sec. 3321. Time limitation for use of and eligibility for 
       entitlement

       ``(a) In General.--Except as provided in this section, the 
     period during which an individual entitled to educational 
     assistance under this chapter may use such individual's 
     entitlement expires at the end of the 15-year period 
     beginning on the date of such individual's last discharge or 
     release from active duty.
       ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of 
     section 3031 of this title shall apply with respect to the 
     running of the 15-year period described in subsection (a) of 
     this section in the same manner as such subsections apply 
     under section 3031 of this title with respect to the running 
     of the 10-year period described in section 3031(a) of this 
     title.
       ``(2) Section 3031(f) of this title shall apply with 
     respect to the termination of an individual's entitlement to 
     educational assistance under this chapter in the same manner 
     as such section applies to the termination of an individual's 
     entitlement to educational assistance under chapter 30 of 
     this title, except that, in the administration of such 
     section for purposes of this chapter, the reference to 
     section 3013 of this title shall be deemed to be a reference 
     to 3312 of this title.
       ``(3) For purposes of subsection (a), an individual's last 
     discharge or release from active duty shall not include any 
     discharge or release from a period of active duty of less 
     than 90 days of continuous service, unless the individual is 
     discharged or released as described in section 3311(b)(2) of 
     this title.

     ``Sec. 3322. Bar to duplication of educational assistance 
       benefits

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       ``(c) Service in Selected Reserve.--An individual who 
     serves in the Selected Reserve may receive credit for such 
     service under only one of this chapter, chapter 30 of this 
     title, and chapters 1606 and 1607 of title 10, and shall 
     elect (in such form and manner as the Secretary may 
     prescribe) under which chapter such service is to be 
     credited.
       ``(d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     August 1, 2009, coordination of entitlement to educational 
     assistance under this chapter, on the one hand, and such 
     chapters or provisions, on the other, shall be governed by 
     the provisions of section 3003(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     ``Sec. 3323. Administration

       ``(a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       ``(2) In applying the provisions referred to in paragraph 
     (1) to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.

[[Page H3929]]

       ``(3) In applying section 3474 of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section, the reference in such 
     section 3474 to the term `educational assistance allowance' 
     shall be deemed to refer to educational assistance payable 
     under section 3313 of this title.
       ``(4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 3313 
     of this title; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--(1) The Secretary of 
     Veterans Affairs shall provide the information described in 
     paragraph (2) to each member of the Armed Forces at such 
     times as the Secretary of Veterans Affairs and the Secretary 
     of Defense shall jointly prescribe in regulations.
       ``(2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       ``(3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       ``(c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Any regulations prescribed by the Secretary of 
     Defense for purposes of this chapter shall apply uniformly 
     across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

       ``(a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       ``(b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Post-9/11 Educational Assistance......................3301''.....

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690( b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.
       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of August 1, 2009--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, entitlement under the applicable 
     chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, but has 
     not used any entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United States Code, and is making contributions 
     toward such assistance under section 3011(b) or 3012(c) of 
     such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph, meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added).
       (2) Cessation of contributions toward gi bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under paragraph (1) of an individual described by 
     subparagraph (A)(v) of that paragraph, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of title 38, United States Code, as applicable, shall 
     cease, and the requirements of such section shall be deemed 
     to be no longer applicable to the individual.
       (3) Revocation of remaining transferred entitlement.--
       (A) Election to revoke.--If, on the date an individual 
     described in subparagraph (A)(i) or (A)(iii) of paragraph (1) 
     makes an election under that paragraph, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of title 38, United States Code, is in 
     effect and a number of months of the entitlement so 
     transferred remain unutilized, the individual may elect to 
     revoke all or a portion of the entitlement so transferred 
     that remains unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of this 
     subsection.
       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the dependent or dependents concerned in 
     accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (4) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in paragraph (5), an individual making an election 
     under paragraph (1) shall be entitled to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of such 
     chapter, instead of basic educational assistance under 
     chapter 30 of title 38, United States Code, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, 
     United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i) of that 
     paragraph, the number of months of entitlement of the 
     individual to educational assistance under chapter 33 of 
     title 38, United States Code (as so added), shall be the 
     number of months equal to--
       (i) the number of months of unused entitlement of the 
     individual under chapter 30 of title 38, United States Code, 
     as of the date of the election, plus
       (ii) the number of months, if any, of entitlement revoked 
     by the individual under paragraph (3)(A).
       (5) Continuing entitlement to educational assistance not 
     available under
     9/11 assistance program.--
       (A) In general.--In the event educational assistance to 
     which an individual making an election under paragraph (1) 
     would be entitled under chapter 30 of title 38, United States 
     Code, or chapter 107, 1606, or 1607 of title 10, United 
     States Code, as applicable, is not authorized to be available 
     to the individual under the provisions of chapter 33 of title 
     38, United States Code (as so added), the individual shall 
     remain entitled to such educational assistance in accordance 
     with the provisions of the applicable chapter.
       (B) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under subparagraph (A) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), at the rate of one month of 
     entitlement under such chapter 33 for each month of 
     entitlement utilized by the individual under subparagraph (A) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of title 38, United States Code, or 
     chapter 107, 1606, or 1607 of title 10, United States Code, 
     as applicable).
       (6) Additional post-9/11 assistance for members having made 
     contributions toward gi bill.--
       (A) Additional assistance.--In the case of an individual 
     making an election under paragraph (1) who is described by 
     clause (i), (iii), or (v) of subparagraph (A) of that 
     paragraph, the amount of educational assistance payable to 
     the individual under chapter 33 of title 38, United States 
     Code (as so added), as a monthly stipend payable under 
     paragraph (1)(B) of section 3313(c) of such title (as so 
     added), or under paragraphs (2) through (7) of

[[Page H3930]]

     that section (as applicable), shall be the amount otherwise 
     payable as a monthly stipend under the applicable paragraph 
     increased by the amount equal to--
       (i) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of title 38, United States Code, as of the 
     date of the election, multiplied by
       (ii) the fraction--

       (I) the numerator of which is--

       (aa) the number of months of entitlement to basic 
     educational assistance under chapter 30 of title 38, United 
     States Code, remaining to the individual at the time of the 
     election; plus
       (bb) the number of months, if any, of entitlement under 
     such chapter 30 revoked by the individual under paragraph 
     (3)(A); and

       (II) the denominator of which is 36 months.

       (B) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     subparagraph (A) who is described by paragraph (1)(A)(v), the 
     number of months of entitlement to basic educational 
     assistance remaining to the individual for purposes of 
     subparagraph (A)(ii)(I)(aa) shall be 36 months.
       (C) Timing of payment.--The amount payable with respect to 
     an individual under subparagraph (A) shall be paid to the 
     individual together with the last payment of the monthly 
     stipend payable to the individual under paragraph (1)(B) of 
     section 3313(c) of title 38, United States Code (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), before the exhaustion of the individual's 
     entitlement to educational assistance under chapter 33 of 
     such title (as so added).
       (7) Continuing entitlement to additional assistance for 
     critical skills or speciality and additional service.--An 
     individual making an election under paragraph (1)(A) who, at 
     the time of the election, is entitled to increased 
     educational assistance under section 3015(d) of title 38, 
     United States Code, or section 16131(i) of title 10, United 
     States Code, or supplemental educational assistance under 
     subchapter III of chapter 30 of title 38, United States Code, 
     shall remain entitled to such increased educational 
     assistance or supplemental educational assistance in the 
     utilization of entitlement to educational assistance under 
     chapter 33 of title 38, United States Code (as so added), in 
     an amount equal to the quarter, semester, or term, as 
     applicable, equivalent of the monthly amount of such 
     increased educational assistance or supplemental educational 
     assistance payable with respect to the individual at the time 
     of the election.
       (8) Irrevocability of elections.--An election under 
     paragraph (1) or (3)(A) is irrevocable.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on August 1, 2009.


     increase in amounts of basic educational assistance under the 
                           montgomery gi bill

       Sec. 3004. (a) Educational Assistance Based on Three-Year 
     Period of Obligated Service.--Subsection (a)(1) of section 
     3015 of title 38, United States Code, is amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,321; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (b) Educational Assistance Based on Two-Year Period of 
     Obligated Service.--Subsection (b)(1) of such section is 
     amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,073; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (c) Modification of Mechanism for Cost-of-Living 
     Adjustments.--Subsection (h)(1) of such section is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following new subparagraphs:
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on August 1, 2008.
       (2) No cost-of-living adjustment for fiscal year 2009.--The 
     adjustment required by subsection (h) of section 3015 of 
     title 38, United States Code (as amended by this section), in 
     rates of basic educational assistance payable under 
     subsections (a) and (b) of such section (as so amended) shall 
     not be made for fiscal year 2009.


 modification of amount available for reimbursement of state and local 
           agencies administering veterans education benefits

       Sec. 3005. Section 3674(a)(4) of title 38, United States 
     Code, is amended by striking ``may not exceed'' and all that 
     follows through the end and inserting ``shall be 
     $19,000,000.''.

             TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements

       Sec. 4001. (a) In General.--Any State which desires to do 
     so may enter into and participate in an agreement under this 
     title with the Secretary of Labor (in this title referred to 
     as the ``Secretary''). Any State which is a party to an 
     agreement under this title may, upon providing 30 days' 
     written notice to the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--Any agreement under 
     subsection (a) shall provide that the State agency of the 
     State will make payments of emergency unemployment 
     compensation to individuals who--
       (1) have exhausted all rights to regular compensation under 
     the State law or under Federal law with respect to a benefit 
     year (excluding any benefit year that ended before May 1, 
     2007);
       (2) have no rights to regular compensation or extended 
     compensation with respect to a week under such law or any 
     other State unemployment compensation law or to compensation 
     under any other Federal law (except as provided under 
     subsection (e)); and
       (3) are not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada.
       (c) Exhaustion of Benefits.--For purposes of subsection 
     (b)(1), an individual shall be deemed to have exhausted such 
     individual's rights to regular compensation under a State law 
     when--
       (1) no payments of regular compensation can be made under 
     such law because such individual has received all regular 
     compensation available to such individual based on employment 
     or wages during such individual's base period; or
       (2) such individual's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       (d) Weekly Benefit Amount, Etc.--For purposes of any 
     agreement under this title--
       (1) the amount of emergency unemployment compensation which 
     shall be payable to any individual for any week of total 
     unemployment shall be equal to the amount of the regular 
     compensation (including dependents' allowances) payable to 
     such individual during such individual's benefit year under 
     the State law for a week of total unemployment;
       (2) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     shall apply to claims for emergency unemployment compensation 
     and the payment thereof, except where otherwise inconsistent 
     with the provisions of this title or with the regulations or 
     operating instructions of the Secretary promulgated to carry 
     out this title; and
       (3) the maximum amount of emergency unemployment 
     compensation payable to any individual for whom an emergency 
     unemployment compensation account is established under 
     section 4002 shall not exceed the amount established in such 
     account for such individual.
       (e) Election by States.--Notwithstanding any other 
     provision of Federal law (and if State law permits), the 
     Governor of a State that is in an extended benefit period may 
     provide for the payment of emergency unemployment 
     compensation prior to extended compensation to individuals 
     who otherwise meet the requirements of this section.


              emergency unemployment compensation account

       Sec. 4002. (a) In General.--Any agreement under this title 
     shall provide that the State will establish, for each 
     eligible individual who files an application for emergency 
     unemployment compensation, an emergency unemployment 
     compensation account with respect to such individual's 
     benefit year.
       (b) Amount in Account.--
       (1) In general.--The amount established in an account under 
     subsection (a) shall be equal to the lesser of--
       (A) 50 percent of the total amount of regular compensation 
     (including dependents' allowances) payable to the individual 
     during the individual's benefit year under such law, or
       (B) 13 times the individual's average weekly benefit amount 
     for the benefit year.
       (2) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of regular compensation (including 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment.
       (c) Special Rule.--
       (1) In general.--Notwithstanding any other provision of 
     this section, if, at the time that the individual's account 
     is exhausted or at any time thereafter, such individual's 
     State is in an extended benefit period (as determined under 
     paragraph (2)), then, such account shall be augmented by an 
     amount equal to the amount originally established in such 
     account (as determined under subsection (b)(1)).
       (2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       (A) such a period is then in effect for such State under 
     the Federal-State Extended Unemployment Compensation Act of 
     1970;
       (B) such a period would then be in effect for such State 
     under such Act if section 203(d) of such Act--

[[Page H3931]]

       (i) were applied by substituting ``4'' for ``5'' each place 
     it appears; and
       (ii) did not include the requirement under paragraph 
     (1)(A); or
       (C) such a period would then be in effect for such State 
     under such Act if--
       (i) section 203(f) of such Act were applied to such State 
     (regardless of whether the State by law had provided for such 
     application); and
       (ii) such section 203(f)--

       (I) were applied by substituting ``6.0'' for ``6.5'' in 
     paragraph (1)(A)(i); and
       (II) did not include the requirement under paragraph 
     (1)(A)(ii).


   payments to states having agreements for the payment of emergency 
                       unemployment compensation

       Sec. 4003. (a) General Rule.--There shall be paid to each 
     State that has entered into an agreement under this title an 
     amount equal to 100 percent of the emergency unemployment 
     compensation paid to individuals by the State pursuant to 
     such agreement.
       (b) Treatment of Reimbursable Compensation.--No payment 
     shall be made to any State under this section in respect of 
     any compensation to the extent the State is entitled to 
     reimbursement in respect of such compensation under the 
     provisions of any Federal law other than this title or 
     chapter 85 of title 5, United States Code. A State shall not 
     be entitled to any reimbursement under such chapter 85 in 
     respect of any compensation to the extent the State is 
     entitled to reimbursement under this title in respect of such 
     compensation.
       (c) Determination of Amount.--Sums payable to any State by 
     reason of such State having an agreement under this title 
     shall be payable, either in advance or by way of 
     reimbursement (as may be determined by the Secretary), in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this title for each calendar month, 
     reduced or increased, as the case may be, by any amount by 
     which the Secretary finds that the Secretary's estimates for 
     any prior calendar month were greater or less than the 
     amounts which should have been paid to the State. Such 
     estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.


                          financing provisions

       Sec. 4004. (a) In General.--Funds in the extended 
     unemployment compensation account (as established by section 
     905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the 
     Unemployment Trust Fund (as established by section 904(a) of 
     such Act (42 U.S.C. 1104(a)) shall be used for the making of 
     payments to States having agreements entered into under this 
     title.
       (b) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this title. The 
     Secretary of the Treasury, prior to audit or settlement by 
     the Government Accountability Office, shall make payments to 
     the State in accordance with such certification, by transfers 
     from the extended unemployment compensation account (as so 
     established) to the account of such State in the Unemployment 
     Trust Fund (as so established).
       (c) Assistance to States.--There are appropriated out of 
     the employment security administration account (as 
     established by section 901(a) of the Social Security Act (42 
     U.S.C. 1101(a)) of the Unemployment Trust Fund, without 
     fiscal year limitation, such funds as may be necessary for 
     purposes of assisting States (as provided in title III of the 
     Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
     costs of administration of agreements under this title.
       (d) Appropriations for Certain Payments.--There are 
     appropriated from the general fund of the Treasury, without 
     fiscal year limitation, to the extended unemployment 
     compensation account (as so established) of the Unemployment 
     Trust Fund (as so established) such sums as the Secretary 
     estimates to be necessary to make the payments under this 
     section in respect of--
       (1) compensation payable under chapter 85 of title 5, 
     United States Code; and
       (2) compensation payable on the basis of services to which 
     section 3309(a)(1) of the Internal Revenue Code of 1986 
     applies.

     Amounts appropriated pursuant to the preceding sentence shall 
     not be required to be repaid.


                         fraud and overpayments

       Sec. 4005. (a) In General.--If an individual knowingly has 
     made, or caused to be made by another, a false statement or 
     representation of a material fact, or knowingly has failed, 
     or caused another to fail, to disclose a material fact, and 
     as a result of such false statement or representation or of 
     such nondisclosure such individual has received an amount of 
     emergency unemployment compensation under this title to which 
     such individual was not entitled, such individual--
       (1) shall be ineligible for further emergency unemployment 
     compensation under this title in accordance with the 
     provisions of the applicable State unemployment compensation 
     law relating to fraud in connection with a claim for 
     unemployment compensation; and
       (2) shall be subject to prosecution under section 1001 of 
     title 18, United States Code.
       (b) Repayment.--In the case of individuals who have 
     received amounts of emergency unemployment compensation under 
     this title to which they were not entitled, the State shall 
     require such individuals to repay the amounts of such 
     emergency unemployment compensation to the State agency, 
     except that the State agency may waive such repayment if it 
     determines that--
       (1) the payment of such emergency unemployment compensation 
     was without fault on the part of any such individual; and
       (2) such repayment would be contrary to equity and good 
     conscience.
       (c) Recovery by State Agency.--
       (1) In general.--The State agency may recover the amount to 
     be repaid, or any part thereof, by deductions from any 
     emergency unemployment compensation payable to such 
     individual under this title or from any unemployment 
     compensation payable to such individual under any State or 
     Federal unemployment compensation law administered by the 
     State agency or under any other State or Federal law 
     administered by the State agency which provides for the 
     payment of any assistance or allowance with respect to any 
     week of unemployment, during the 3-year period after the date 
     such individuals received the payment of the emergency 
     unemployment compensation to which they were not entitled, 
     except that no single deduction may exceed 50 percent of the 
     weekly benefit amount from which such deduction is made.
       (2) Opportunity for hearing.--No repayment shall be 
     required, and no deduction shall be made, until a 
     determination has been made, notice thereof and an 
     opportunity for a fair hearing has been given to the 
     individual, and the determination has become final.
       (d) Review.--Any determination by a State agency under this 
     section shall be subject to review in the same manner and to 
     the same extent as determinations under the State 
     unemployment compensation law, and only in that manner and to 
     that extent.


                              definitions

       Sec. 4006. In this title, the terms ``compensation'', 
     ``regular compensation'', ``extended compensation'', 
     ``benefit year'', ``base period'', ``State'', ``State 
     agency'', ``State law'', and ``week'' have the respective 
     meanings given such terms under section 205 of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note).


                             applicability

       Sec. 4007. (a) In General.--Except as provided in 
     subsection (b), an agreement entered into under this title 
     shall apply to weeks of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and
       (2) ending on or before March 31, 2009.
       (b) Transition for Amount Remaining in Account.--
       (1) In general.--Subject to paragraphs (2) and (3), in the 
     case of an individual who has amounts remaining in an account 
     established under section 4002 as of the last day of the last 
     week (as determined in accordance with the applicable State 
     law) ending on or before March 31, 2009, emergency 
     unemployment compensation shall continue to be payable to 
     such individual from such amounts for any week beginning 
     after such last day for which the individual meets the 
     eligibility requirements of this title.
       (2) Limit on augmentation.--If the account of an individual 
     is exhausted after the last day of such last week (as so 
     determined), then section 4002(c) shall not apply and such 
     account shall not be augmented under such section, regardless 
     of whether such individual's State is in an extended benefit 
     period (as determined under paragraph (2) of such section).
       (3) Limit on compensation.--No compensation shall be 
     payable by reason of paragraph (1) for any week beginning 
     after June 30, 2009.

                      TITLE V--MEDICAID PROVISIONS

       Sec. 5001. (a) Moratoria on Certain Medicaid Regulations.--
       (1) Extension of certain moratoria in public law 110-28.--
     Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (A) by striking ``prior to the date that is 1 year after 
     the date of enactment of this Act'' and inserting ``prior to 
     April 1, 2009'';
       (B) in subparagraph (A), by inserting after ``Federal 
     Regulations)'' the following: ``or in the final regulation, 
     relating to such parts, published on May 29, 2007 (72 Federal 
     Register 29748)''; and
       (C) in subparagraph (C), by inserting before the period at 
     the end the following: ``, including the proposed regulation 
     published on May 23, 2007 (72 Federal Register 28930)''.
       (2) Extension of certain moratoria in public law 110-173.--
     Section 206 of the Medicare, Medicaid, and SCHIP Extension 
     Act of 2007 (Public Law 110-173) is amended--
       (A) by striking ``June 30, 2008'' and inserting ``April 1, 
     2009'';
       (B) by inserting ``, including the proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201),'' 
     after ``rehabilitation services''; and
       (C) by inserting ``, including the final regulation 
     published on December 28, 2007 (72 Federal Register 73635),'' 
     after ``school-based transportation''.
       (3) Additional moratoria.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, take any action (through promulgation 
     of regulation, issuance of regulatory guidance, use of 
     Federal payment

[[Page H3932]]

     audit procedures, or other administrative action, policy, or 
     practice, including a Medical Assistance Manual transmittal 
     or letter to State Medicaid directors) to impose any 
     restrictions relating to a provision described in 
     subparagraph (B), (C), or (D) if such restrictions are more 
     restrictive in any aspect than those applied to the 
     respective provision as of the date specified in subparagraph 
     (E) for such provision.
       (B) Portion of interim final regulation relating to 
     medicaid treatment of optional case management services.--
       (i) In general.--Subject to clause (ii), the provision 
     described in this subparagraph is the interim final 
     regulation relating to optional State plan case management 
     services under the Medicaid program published on December 4, 
     2007 (72 Federal Register 68077) in its entirety.
       (ii) Exception.--The provision described in this 
     subparagraph does not include the portion of such regulation 
     as relates directly to implementing section 1915(g)(2)(A)(ii) 
     of the Social Security Act, as amended by section 6052 of the 
     Deficit Reduction Act of 2005 (Public Law 109-171), through 
     the definition of case management services and targeted case 
     management services contained in proposed section 440.169 of 
     title 42, Code of Federal Regulations, but only to the extent 
     that such portion is not more restrictive than the policies 
     set forth in the Dear State Medicaid Director letter on case 
     management issued on January 19, 2001 (SMDL #01-013), and 
     with respect to community transition case management, the 
     Dear State Medicaid Director letter issued on July 25, 2000 
     (Olmstead Update 3).
       (C) Proposed regulation relating to redefinition of 
     medicaid outpatient hospital services.--The provision 
     described in this subparagraph is the proposed regulation 
     relating to clarification of outpatient clinic and hospital 
     facility services definition and upper payment limit under 
     the Medicaid program published on September 28, 2007 (72 
     Federal Register 55158) in its entirety.
       (D) Portion of proposed regulation relating to medicaid 
     allowable provider taxes.--
       (i) In general.--Subject to clause (ii), the provision 
     described in this subparagraph is the final regulation 
     relating to health-care-related taxes under the Medicaid 
     program published on February 22, 2008 (73 Federal Register 
     9685) in its entirety.
       (ii) Exception.--The provision described in this 
     subparagraph does not include the portions of such regulation 
     as relate to the following:

       (I) Reduction in threshold.--The reduction from 6 percent 
     to 5.5 percent in the threshold applied under section 
     433.68(f)(3)(i) of title 42, Code of Federal Regulations, for 
     determining whether or not there is an indirect guarantee to 
     hold a taxpayer harmless, as required to carry out section 
     1903(w)(4)(C)(ii) of the Social Security Act, as added by 
     section 403 of the Medicare Improvement and Extension Act of 
     2006 (division B of Public Law 109-432).
       (II) Change in definition of managed care.--The change in 
     the definition of managed care as proposed in the revision of 
     section 433.56(a)(8) of title 42, Code of Federal 
     Regulations, as required to carry out section 
     1903(w)(7)(A)(viii) of the Social Security Act, as amended by 
     section 6051 of the Deficit Reduction Act of 2005 (Public Law 
     109-171).

       (E) Date specified.--The date specified in this 
     subparagraph for the provision described in--
       (i) subparagraph (B) is December 3, 2007;
       (ii) subparagraph (C) is September 27, 2007; or
       (iii) subparagraph (D) is February 21, 2008.
       (b) Funds To Reduce Medicaid Fraud and Abuse.--
       (1) In general.--For purposes of reducing fraud and abuse 
     in the Medicaid program under title XIX of the Social 
     Security Act--
       (A) there is appropriated to the Secretary of Health and 
     Human Services, out of any money in the Treasury not 
     otherwise appropriated, $25,000,000, for fiscal year 2009; 
     and
       (B) there is authorized to be appropriated to the Secretary 
     $25,000,000 for fiscal year 2010 and each subsequent fiscal 
     year.

     Amounts appropriated under this section shall remain 
     available for expenditure until expended and shall be in 
     addition to any other amounts appropriated or made available 
     to the Secretary for such purposes with respect to the 
     Medicaid program.
       (2) Annual report.--Not later than September 30 of 2009 and 
     of each subsequent year, the Secretary of Health and Human 
     Services shall submit to the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Finance 
     of the Senate a report on the activities (and the results of 
     such activities) funded under paragraph (1) to reduce waste, 
     fraud, and abuse in the Medicaid program under title XIX of 
     the Social Security Act during the previous 12 month period, 
     including the amount of funds appropriated under such 
     paragraph for each such activity and an estimate of the 
     savings to the Medicaid program resulting from each such 
     activity.
       (c) Study and Reports to Congress.--
       (1) Secretarial report identifying problems.--Not later 
     than July 1, 2008, the Secretary of Health and Human Services 
     shall submit to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate a report that--
       (A) outlines the specific problems the Medicaid regulations 
     referred to in the amendments made by paragraphs (1) and (2) 
     of subsection (a) and in the provisions described in 
     subparagraph (B) through (D) of paragraph (3) of such 
     subsection were intended to address;
       (B) detailing how these regulations were designed to 
     address these specific problems; and
       (C) cites the legal authority for such regulations.
       (2) Independent comprehensive study and report.--
       (A) In general.--Not later than July 1, 2008, the Secretary 
     of Health and Human Services shall enter into a contract with 
     an independent organization for the purpose of--
       (i) producing a comprehensive report on the prevalence of 
     the problems outlined in the report submitted under paragraph 
     (1);
       (ii) identifying strategies in existence to address these 
     problems; and
       (iii) assessing the impact of each regulation referred to 
     in such paragraph on each State and the District of Columbia.
       (B) Additional matter.--The report under subparagraph (A) 
     shall also include--
       (i) an identification of which claims for items and 
     services (including administrative activities) under title 
     XIX of the Social Security Act are not processed through 
     systems described in section 1903(r) of such Act;
       (ii) an examination of the reasons why these claims for 
     such items and services are not processed through such 
     systems; and
       (iii) recommendations on actions by the Federal government 
     and the States that can make claims for such items and 
     services more accurate and complete consistent with such 
     title.
       (C) Deadline.--The report under subparagraph (A) shall be 
     submitted to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate not later than March 1, 2009.
       (D) Cooperation of states.--If the Secretary of Health and 
     Human Services determines that a State or the District of 
     Columbia has not cooperated with the independent organization 
     for purposes of the report under this paragraph, the 
     Secretary shall reduce the amount paid to the State or 
     District under section 1903(a) of the Social Security Act (42 
     U.S.C. 1396b(a)) by $25,000 for each day on which the 
     Secretary determines such State or District has not so 
     cooperated. Such reduction shall be made through a process 
     that permits the State or District to challenge the 
     Secretary's determination.
       (3) Funding.--
       (A) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary without further appropriation, 
     $5,000,000 to carry out this subsection.
       (B) Availability; amounts in addition to other amounts 
     appropriated for such activities.--Amounts appropriated 
     pursuant to subparagraph (A) shall--
       (i) remain available until expended; and
       (ii) be in addition to any other amounts appropriated or 
     made available to the Secretary of Health and Human Services 
     with respect to the Medicaid program.
       (d) Asset Verification Through Access to Information Held 
     by Financial Institutions.--
       (1) Addition of authority.--Title XIX of the Social 
     Security Act is amended by inserting after section 1939 the 
     following new section:


 ``asset verification through access to information held by financial 
                              institutions

       ``Sec. 1940. (a) Implementation.--
       ``(1) In general.--Subject to the provisions of this 
     section, each State shall implement an asset verification 
     program described in subsection (b), for purposes of 
     determining or redetermining the eligibility of an individual 
     for medical assistance under the State plan under this title.
       ``(2) Plan submittal.--In order to meet the requirement of 
     paragraph (1), each State shall--
       ``(A) submit not later than a deadline specified by the 
     Secretary consistent with paragraph (3), a State plan 
     amendment under this title that describes how the State 
     intends to implement the asset verification program; and
       ``(B) provide for implementation of such program for 
     eligibility determinations and redeterminations made on or 
     after 6 months after the deadline established for submittal 
     of such plan amendment.
       ``(3) Phase-in.--
       ``(A) In general.--
       ``(i) Implementation in current asset verification demo 
     states.--The Secretary shall require those States specified 
     in subparagraph (C) (to which an asset verification program 
     has been applied before the date of the enactment of this 
     section) to implement an asset verification program under 
     this subsection by the end of fiscal year 2009.
       ``(ii) Implementation in other states.--The Secretary shall 
     require other States to submit and implement an asset 
     verification program under this subsection in such manner as 
     is designed to result in the application of such programs, in 
     the aggregate for all such other States, to enrollment of 
     approximately, but not less than, the following percentage of 
     enrollees, in the aggregate for all such other States, by the 
     end of the fiscal year involved:

       ``(I) 12.5 percent by the end of fiscal year 2009.
       ``(II) 25 percent by the end of fiscal year 2010.

[[Page H3933]]

       ``(III) 50 percent by the end of fiscal year 2011.
       ``(IV) 75 percent by the end of fiscal year 2012.
       ``(V) 100 percent by the end of fiscal year 2013.

       ``(B) Consideration.--In selecting States under 
     subparagraph (A)(ii), the Secretary shall consult with the 
     States involved and take into account the feasibility of 
     implementing asset verification programs in each such State.
       ``(C) States specified.--The States specified in this 
     subparagraph are California, New York, and New Jersey.
       ``(D) Construction.--Nothing in subparagraph (A)(ii) shall 
     be construed as preventing a State from requesting, and the 
     Secretary approving, the implementation of an asset 
     verification program in advance of the deadline otherwise 
     established under such subparagraph.
       ``(4) Exemption of territories.--This section shall only 
     apply to the 50 States and the District of Columbia.
       ``(b) Asset Verification Program.--
       ``(1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which a State--
       ``(A) requires each applicant for, or recipient of, medical 
     assistance under the State plan under this title on the basis 
     of being aged, blind, or disabled to provide authorization by 
     such applicant or recipient (and any other person whose 
     resources are material to the determination of the 
     eligibility of the applicant or recipient for such 
     assistance) for the State to obtain (subject to the cost 
     reimbursement requirements of section 1115(a) of the Right to 
     Financial Privacy Act but at no cost to the applicant or 
     recipient) from any financial institution (within the meaning 
     of section 1101(1) of such Act) any financial record (within 
     the meaning of section 1101(2) of such Act) held by the 
     institution with respect to the applicant or recipient (and 
     such other person, as applicable), whenever the State 
     determines the record is needed in connection with a 
     determination with respect to such eligibility for (or the 
     amount or extent of) such medical assistance; and
       ``(B) uses the authorization provided under subparagraph 
     (A) to verify the financial resources of such applicant or 
     recipient (and such other person, as applicable), in order to 
     determine or redetermine the eligibility of such applicant or 
     recipient for medical assistance under the State plan.
       ``(2) Program described.--A program described in this 
     paragraph is a program for verifying individual assets in a 
     manner consistent with the approach used by the Commissioner 
     of Social Security under section 1631(e)(1)(B)(ii).
       ``(c) Duration of Authorization.--Notwithstanding section 
     1104(a)(1) of the Right to Financial Privacy Act, an 
     authorization provided to a State under subsection (b)(1) 
     shall remain effective until the earliest of--
       ``(1) the rendering of a final adverse decision on the 
     applicant's application for medical assistance under the 
     State's plan under this title;
       ``(2) the cessation of the recipient's eligibility for such 
     medical assistance; or
       ``(3) the express revocation by the applicant or recipient 
     (or such other person described in subsection (b)(1), as 
     applicable) of the authorization, in a written notification 
     to the State.
       ``(d) Treatment of Right to Financial Privacy Act 
     Requirements.--
       ``(1) An authorization obtained by the State under 
     subsection (b)(1) shall be considered to meet the 
     requirements of the Right to Financial Privacy Act for 
     purposes of section 1103(a) of such Act, and need not be 
     furnished to the financial institution, notwithstanding 
     section 1104(a) of such Act.
       ``(2) The certification requirements of section 1103(b) of 
     the Right to Financial Privacy Act shall not apply to 
     requests by the State pursuant to an authorization provided 
     under subsection (b)(1).
       ``(3) A request by the State pursuant to an authorization 
     provided under subsection (b)(1) is deemed to meet the 
     requirements of section 1104(a)(3) of the Right to Financial 
     Privacy Act and of section 1102 of such Act, relating to a 
     reasonable description of financial records.
       ``(e) Required Disclosure.--The State shall inform any 
     person who provides authorization pursuant to subsection 
     (b)(1)(A) of the duration and scope of the authorization.
       ``(f) Refusal or Revocation of Authorization.--If an 
     applicant for, or recipient of, medical assistance under the 
     State plan under this title (or such other person described 
     in subsection (b)(1), as applicable) refuses to provide, or 
     revokes, any authorization made by the applicant or recipient 
     (or such other person, as applicable) under subsection 
     (b)(1)(A) for the State to obtain from any financial 
     institution any financial record, the State may, on that 
     basis, determine that the applicant or recipient is 
     ineligible for medical assistance.
       ``(g) Use of Contractor.--For purposes of implementing an 
     asset verification program under this section, a State may 
     select and enter into a contract with a public or private 
     entity meeting such criteria and qualifications as the State 
     determines appropriate, consistent with requirements in 
     regulations relating to general contracting provisions and 
     with section 1903(i)(2). In carrying out activities under 
     such contract, such an entity shall be subject to the same 
     requirements and limitations on use and disclosure of 
     information as would apply if the State were to carry out 
     such activities directly.
       ``(h) Technical Assistance.--The Secretary shall provide 
     States with technical assistance to aid in implementation of 
     an asset verification program under this section.
       ``(i) Reports.--A State implementing an asset verification 
     program under this section shall furnish to the Secretary 
     such reports concerning the program, at such times, in such 
     format, and containing such information as the Secretary 
     determines appropriate.
       ``(j) Treatment of Program Expenses.--Notwithstanding any 
     other provision of law, reasonable expenses of States in 
     carrying out the program under this section shall be treated, 
     for purposes of section 1903(a), in the same manner as State 
     expenditures specified in paragraph (7) of such section.''.
       (2) State plan requirements.--Section 1902(a) of such Act 
     (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (69) by striking ``and'' at the end;
       (B) in paragraph (70) by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (70), as so amended, the 
     following new paragraph:
       ``(71) provide that the State will implement an asset 
     verification program as required under section 1940.''.
       (3) Withholding of federal matching payments for 
     noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
     1396b(i)) is amended--
       (A) in paragraph (22) by striking ``or'' at the end;
       (B) in paragraph (23) by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding after paragraph (23) the following new 
     paragraph:
       ``(24) if a State is required to implement an asset 
     verification program under section 1940 and fails to 
     implement such program in accordance with such section, with 
     respect to amounts expended by such State for medical 
     assistance for individuals subject to asset verification 
     under such section, unless--
       ``(A) the State demonstrates to the Secretary's 
     satisfaction that the State made a good faith effort to 
     comply;
       ``(B) not later than 60 days after the date of a finding 
     that the State is in noncompliance, the State submits to the 
     Secretary (and the Secretary approves) a corrective action 
     plan to remedy such noncompliance; and
       ``(C) not later than 12 months after the date of such 
     submission (and approval), the State fulfills the terms of 
     such corrective action plan.''.
       (4) Repeal.--Section 4 of Public Law 110-90 is repealed.
       (e) Adjustment to PAQI Fund.--Section 1848(l)(2) of the 
     Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by 
     section 101(a)(2) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), is amended--
       (1) in subparagraph (A)(i)--
       (A) in subclause (III), by striking ``$4,960,000,000'' and 
     inserting ``$3,940,000,000''; and
       (B) by adding at the end the following new subclause:

       ``(IV) For expenditures during 2014, an amount equal to 
     $3,750,000,000.'';

       (2) in subparagraph (A)(ii), by adding at the end the 
     following new subclause:

       ``(IV) 2014.--The amount available for expenditures during 
     2014 shall only be available for an adjustment to the update 
     of the conversion factor under subsection (d) for that 
     year.''; and

       (3) in subparagraph (B)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(iv) 2014 for payment with respect to physicians' 
     services furnished during 2014.''.

  TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE


                              short title

       Sec. 6101. This chapter may be cited as the ``Close the 
     Contractor Fraud Loophole Act''.


             revision of the federal acquisition regulation

       Sec. 6102. The Federal Acquisition Regulation shall be 
     amended within 180 days after the date of the enactment of 
     this Act pursuant to FAR Case 2007-006 (as published at 72 
     Fed Reg. 64019, November 14, 2007) or any follow-on FAR case 
     to include provisions that require timely notification by 
     Federal contractors of violations of Federal criminal law or 
     overpayments in connection with the award or performance of 
     covered contracts or subcontracts, including those performed 
     outside the United States and those for commercial items.


                               definition

       Sec. 6103. In this chapter, the term ``covered contract'' 
     means any contract in an amount greater than $5,000,000 and 
     more than 120 days in duration.

               CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY


                              short title

       Sec. 6201. This chapter may be cited as the ``Government 
     Funding Transparency Act of 2008''.

[[Page H3934]]

  financial disclosure requirements for certain recipients of federal 
                                 awards

       Sec. 6202. (a) Disclosure Requirements.--Section 2(b)(1) of 
     the Federal Funding Accountability and Transparency Act 
     (Public Law 109-282; 31 U.S.C. 6101 note) is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) the names and total compensation of the five most 
     highly compensated officers of the entity if--
       ``(i) the entity in the preceding fiscal year received--

       ``(I) 80 percent or more of its annual gross revenues in 
     Federal awards; and
       ``(II) $25,000,000 or more in annual gross revenues from 
     Federal awards; and

       ``(ii) the public does not have access to information about 
     the compensation of the senior executives of the entity 
     through periodic reports filed under section 13(a) or 15(d) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 
     78o(d)) or section 6104 of the Internal Revenue Code of 
     1986.''.
       (b) Regulations Required.--The Director of the Office of 
     Management and Budget shall promulgate regulations to 
     implement the amendment made by this chapter. Such 
     regulations shall include a definition of ``total 
     compensation'' that is consistent with regulations of the 
     Securities and Exchange Commission at section 402 of part 229 
     of title 17 of the Code of Federal Regulations (or any 
     subsequent regulation).

                 TITLE VII--GI BILL FINANCING PROVISION


                      gi bill financing provision

       Sec. 7001. (a) In General.--Part I of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 1 the following new section:

     ``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO 
                   FINANCE THE GI BILL.

       ``(a) General Rule.--In the case of a taxpayer other than a 
     corporation, there is hereby imposed (in addition to any 
     other tax imposed by this subtitle) a tax equal to 0.47 
     percent of so much of modified adjusted gross income as 
     exceeds $500,000 ($1,000,000 in the case of a joint return or 
     a surviving spouse (as defined in section 2(a)).
       ``(b) Modified Adjusted Gross Income.--For purposes of this 
     section, the term `modified adjusted gross income' means 
     adjusted gross income reduced by any deduction allowed for 
     investment interest (as defined in section 163(d)). In the 
     case of an estate or trust, a rule similar to the rule of 
     section 67(e) shall apply for purposes of determining 
     adjusted gross income for purposes of this section.
       ``(c) Nonresident Alien.--In the case of a nonresident 
     alien individual, only amounts taken into account in 
     connection with the tax imposed by section 871(b) shall be 
     taken into account under this section.
       ``(d) Marital Status.--For purposes of this section, 
     marital status shall be determined under section 7703.
       ``(e) Not Treated as Tax Imposed by This Chapter for 
     Certain Purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Clerical Amendment.--The table of sections for part I 
     of subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 1 the following 
     new item:

``Sec. 1A. Increase in tax on high income individuals to finance the GI 
              bill.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (d) Section 15 Not To Apply.--The amendment made by 
     subsection (a) shall not be treated as a change in a rate of 
     tax for purposes of section 15 of the Internal Revenue Code 
     of 1986.

                     TITLE VIII--GENERAL PROVISIONS


                         availability of funds

       Sec. 8001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.


                         emergency designation

       Sec. 8002. Each amount in each title of this Act is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.


                              short title

       Sec. 8003. This Act may be cited as the ``Supplemental 
     Appropriations Act, 2008''.


                             Point of Order

  Mr. RYAN of Wisconsin. Mr. Speaker, I make a point of order against 
consideration of the measure.
  The SPEAKER pro tempore. The gentleman will state his point of order.
  Mr. RYAN of Wisconsin. Mr. Speaker, I make a point of order that the 
measure causes an increase in the deficit over a 6- and 11-year period 
and therefore violates clause 10 of House rule XXI, the PAYGO point of 
order.
  Mr. Speaker, there is undeniably net direct spending included in this 
bill. Hence it increases the deficit. Simply by putting new entitlement 
spending on an appropriation bill in order to evade PAYGO would 
constitute a blatant loophole in the PAYGO point of order. If PAYGO is 
designed to prevent increases in the deficit, this measure should not 
be considered here today.
  I therefore urge that my point of order be sustained.
  The SPEAKER pro tempore. Does any other Member wish to be heard?
  Mr. OBEY. Mr. Speaker, the gentleman may be reciting the PAYGO rule 
as he wishes it were, but that's not the way it is.
  The legislation before the House fully complies with the PAYGO rule. 
That rule deals with direct spending and revenues.
  As to revenues, the revenue effects of this package reduce the 
deficit, rather than increasing it. As to spending, none of the 
spending in this package falls into the direct spending category, which 
is basically defined as spending outside the appropriations process.
  Even though not technically required to do so, the Medicaid 
provisions and the expansion of veterans' education benefits fully meet 
the PAYGO standard. Both sets of provisions contain offsets to ensure 
that they do not increase the deficit over the 5- and 10-year periods 
used by the PAYGO rule.
  The rest of the bill consists mostly of emergency appropriations for 
defense and other security-related needs, largely for things requested 
by the President. And the other major spending item, relating to 
extended unemployment compensation benefits, is temporary in nature and 
responds to current hardships created by the economic downturn.
  So I believe that we ought to abide by the House rules as they are, 
not as some Members wish they were.
  The SPEAKER pro tempore. The gentleman from Wisconsin makes a point 
of order that the motion violates clause 10 of rule XXI by increasing a 
deficit.
  Clause 10 of rule XXI provides a point of order against a measure if 
the provisions of such measure affecting direct spending or revenues 
have the net effect of increasing a deficit or reducing a surplus. 
Clause 10 of rule XXI further provides that the effect of the measure 
on the deficit or surplus is determined by the Committee on the Budget 
relative to certain estimates supplied by the Congressional Budget 
Office.
  The gentleman from Wisconsin has asserted that the motion contains 
direct spending that causes an increase in a deficit. As a threshold 
matter, the Chair must determine if provisions in the measure affect 
``direct spending.''
  In reviewing the text of clause 10 of rule XXI, the Chair finds no 
definition of the term ``direct spending.'' Because clause 10 of rule 
XXI is a budget enforcement mechanism, the Chair finds it prudent to 
look to other budget enforcement schemes for guidance in defining this 
term. In a review of relevant budget enforcement statutes, the Chair 
finds a definition of the term ``direct spending'' in section 250 of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
hereafter section 250. The definition in section 250 provides, in 
pertinent part, that ``direct spending'' means budget authority 
provided by law other than appropriation Acts.
  The underlying bill, H.R. 2642, is a general appropriation bill. This 
measure constitutes an ``appropriation Act'' within the meaning of 
section 250. The motion proposes amendments that would make emergency 
supplemental appropriations for the fiscal year 2008. Accordingly, the 
budget authority portended by the motion does not constitute ``direct 
spending'' for purposes of section 250, and by extension, the Chair 
finds that the motion does not affect direct spending for purposes of 
clause 10 of rule XXI.
  Pursuant to clause 10 of rule XXI, the Committee on the Budget is 
required to provide estimates to the Chair on the effect of the measure 
on the deficit. In consonance with the Chair's findings, the Chair is 
authoritatively guided by estimates from the Committee on the Budget 
that the net effect of the provisions of the pending motion affecting 
revenues and direct spending would not increase a deficit.
  Accordingly, the point of order is overruled.

[[Page H3935]]

                         Parliamentary Inquiry

  Mr. RYAN of Wisconsin. One quick parliamentary inquiry for the 
purposes of clarification, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman may state his inquiry.
  Mr. RYAN of Wisconsin. Condensing all of that, is it my 
understanding, then, that this is not sustained because PAYGO does not 
apply to direct spending so long as it's in an appropriations bill? Is 
that correct?
  The SPEAKER pro tempore. The Chair's ruling will have to speak for 
itself in that regard.
  Pursuant to House Resolution 1197, the gentleman from Wisconsin (Mr. 
Obey) and the gentleman from California (Mr. Lewis) each will control 1 
hour.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent all Members may have 5 
legislative days to revise and extend their remarks and include 
extraneous material on the pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have a tough problem before the House today. We have 
a war which the majority of this House despises. We have a war that we 
do not have the power to end so long as the President is as 
obstreperous as he has been on the subject. That means that we have to 
find a way to try to manage this problem in a way that sends a clear 
message to the public that they are the only ones who can, in fact, 
muster the power to change direction on this war by electing a 
President who will get us out of this war. It also means we have to 
manage it in such a way that we set the table for the new President to 
give him at least a few months to think through how he is going to 
proceed to extricate us from this war and to get his ducks in a row on 
Iraqi policy. Therefore, we are taking the Senate bill and we are 
asking the House to consider three amendments and work their will on 
it.
  The first amendment is very simple. It's an up-or-down vote on 
providing the funding to pay for the equipment and to pay for the 
salaries for the troops as long as they are going to be in the war 
situation. That money will be estimated to run out by June of 2009.
  The second amendment would simply be an up-or-down vote on the 
conditions that the House believes should appropriately be attached to 
the spending of that money, many of which the House has seen before. 
Those conditions will, among other things, require that virtually every 
unit sent to the war be fully combat ready. They will provide that no 
one who works for the United States may engage in interrogation 
techniques that are at variance with the Army Field Manual. In plain 
language, no torture. The conditions will also say that there shall be 
no long-term security agreements entered into with Iraq without 
submission of those agreements to the United States Senate for their 
consideration. It will establish a timetable for extricating ourselves 
from combat by setting a goal, not a firm date but a goal, of 18 months 
from the date of enactment.
  Also, we have added two conditions which would have the effect of 
requiring Iraq to provide a dollar-for-dollar match for any of the 
redevelopment and reconstruction activities that are being carried out 
by the United States Government. The effect of that would be the 
functional equivalent of turning 50 percent of what we provide to Iraq 
into loans. We've done it this way because we have faith that the loans 
would ever be repaid, and this way we guarantee that the Iraqis, who 
are now about to develop very large surpluses in their own budget--they 
will have to meet these costs up front on an equal basis before the 
United States proceeds to expend its own money. And it would also 
require that the American military be provided gasoline in Iraq at the 
same subsidized price as the Iraqis are being subsidized. We don't see 
why the United States troops who are defending that country ought to 
have to pay a premium.
  Then we will have a third amendment, again up or down, on the other 
administration requests. Those include food aid. We've increased the 
international food aid recommended by the President by $745 million. 
Anybody who has read the newspapers or watched television for the last 
2 weeks understands why that is a moral necessity. We have also 
included the administration request for the Louisiana levies exactly as 
they have requested it as fiscal 2009 money. We have responded to a 
request from the Bureau of Prisons to provide $178 million so that they 
do not have to lay off prison guards and other personnel in the U.S. 
prison system. The Secretary of Commerce has requested that we provide 
additional funding because they run into technology problems at the 
U.S. Census Bureau; so we have responded to that with a $210 million 
appropriation. We have also added $2.2 billion in military construction 
funds above the President's request to fully fund the administration's 
2008 BRAC requests. We have also included $210 million for military 
child care centers, which the President from that rostrum told the 
country he was for but neglected to ask the money for in his budget 
this year.
  There are no Members' projects whatsoever in this bill. In the 
military construction portion of the bill, for instance, there are 121 
facilities that are provided for; 111 of those were specifically asked 
for by the White House, and the others were identified by the committee 
as top service priorities after testimony from the military services.
  There's only one proposal that could be really considered a specific 
project earmark, and that is one hospital which the Assistant Secretary 
of Defense asked to be included in the recommendations, and we're 
providing planning funds for that facility.
  In addition, the other items in that third amendment to be considered 
would deal with the following:
  If we're going to fight the war, we happen to believe that we ought 
to provide a ``thank you'' to the people who have fought it, especially 
because there has been no sense of shared sacrifice in this country. 
The only people who have been asked to sacrifice are military families 
again and again and again. So what we are doing is including the Webb 
bill, which would provide for the equivalent of a full-boat 4-year 
education at a public university for persons who have spent 36 months 
on active duty, and the benefits are scaled down in accordance with 
time served. It's long past time that we do that.
  We have also included emergency funding for unemployment compensation 
so that for persons who have exhausted their unemployment benefits, 
they will have an additional 13 weeks available to them.
  We have also in this amendment recommended delaying the 
administration's rules changes in Medicaid that have been so 
controversial, and we include two contractor reforms which the House 
had already passed.
  The main difference, Mr. Speaker, between this bill and the 
administration's bill is that we pay for everything in the bill except 
the unemployment compensation provision and the President pays for 
virtually none of his requests.

                              {time}  1245

  Now I prefer to pay for the entire war if we are going to have it. I 
don't think we ought to have it. But if we were going to have it, I 
thought we ought to pay for the whole thing. So did Mr. Murtha and Mr. 
McGovern. So we introduced legislation to pay for the whole war with 
the war surtax. We lost that argument. That is not in this bill.
  I felt that if we weren't going to pay for the war up front, then 
there should be no requirement to provide an offset to provide the 
additional GI Bill expanded benefits, which are the equivalent of only 
about 6 percent of the cost of this war so far. But I lost that 
argument, too.
  And so this bill does pay for the expansion of GI benefits. And it 
pays for that in probably the best way possible, by asking the most 
fortunate citizens in our society, those who individually make $500,000 
or more a year, or as a couple who make $1 million or more a year, we 
are asking them to help out in the form of a patriot premium by, in 
essence, asking them to pay a one-half of 1 percent surtax in order to 
finance the GI Bill expansion.
  As I look at this bill, what we are doing is we are asking people 
who, on average, have gotten a $126,000 annual tax cut to take a tiny 
portion of that

[[Page H3936]]

tax cut to help us make life better for the persons who have been doing 
the most in order to preserve the way of life which has enabled those 
people to do so well in life. And I make no apology for it.
  Ninety-nine percent of the appropriated dollars in the bill--99 
percent of the appropriated dollars in this bill--are being requested 
by the administration.
  This war, Mr. Speaker, has screwed up our economy. This war has 
injected chaos in the lives of military families all across the 
country. We make no apology in trying to use this vehicle to respond to 
the needs of the two groups in society who have been hit the hardest by 
this war; one being those who have lost their jobs because of the 
turmoil we have had in the economy because of the war and other 
factors, and second, the military families whom we believe ought to be 
treated about as well as the GIs were when they came back from World 
War II. This war has now lasted longer than World War II. And we think 
we have an obligation to respond to what is actually out there on the 
ground in communities all across the country.
  We can debate our political philosophies. We can debate our economic 
theories. We can behave like little budgeteers, arguing about this 
comma and that comma, this offset and that offset. But in the end, we 
are dealing with the lives of human beings. We are dealing with the 
lives of families. We are dealing with people who have sacrificed 
incredibly much with their family members being sent to Iraq and 
Afghanistan once, twice, three times. Kids are not seeing their 
parents.
  I represent a city of 37,000 people. We have had almost 35,000 
casualties in this country. It is as if 4,000 people in my hometown 
were killed, and virtually every other person in that hometown wound up 
in a VA hospital. That is the human toll that has been paid so far just 
by Americans on this war.
  So this is a process which will give Members the opportunity to vote 
up or down on the major pieces that comprise this legislation.
  And I urge the House to move forward.
  I, myself, will be intending to vote against the first amendment. I 
will be voting for the second and the third amendment. I hope that 
every Member here today exercises his conscience. That is what they are 
supposed to do.
  With that, I reserve the balance of my time.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California.
  Mr. LEWIS of California. I very much appreciate your recognizing me 
to respond to my friend, David Obey.
  I am going to speak just a little bit out of order, for two of my 
colleagues on the floor, David Obey, the chairman of the committee, and 
my colleague, Mr. Murtha, the chairman of the Defense Subcommittee, 
have shared with me, I thought, over some years, the traditional order 
of this House. I've seen how the committee system works, especially in 
the Appropriations Committee, making certain that all Members, 
Democrats and Republicans, had an opportunity to provide input. And now 
to have us move so far away from that traditional order by way of this 
process today is a great disappointment to me.
  I can't help but wonder if maybe there is some lack of commitment to 
regular order that I had never perceived before. For example, my 
colleague from San Diego, the chairman of the VA Subcommittee, if he 
had been given an opportunity, could have marked up and had hearings 
and otherwise on the VA portions some time ago.
  This supplemental came from the President well over a year ago. We 
have had plenty of time to exercise the process in the way that 
maximizes Members' involvement, remembering that those Members are 
elected to represent their people at home.
  And so the procedure we are going through today has undermined that 
representative process.
  I think many of my colleagues, particularly those who serve with me 
on the Appropriations Committee, know that I have a great deal of 
respect for the senior Senator from West Virginia, the chairman of the 
Senate Appropriations Committee, Senator Robert Byrd. While he and I 
may disagree on issues from time to time, it is fair to say that we 
both share a deeply held love and respect for this institution.
  Senator Byrd also reveres the established traditions and precedents 
of the committee he leads. He understands that we will only truly know 
what is in the supplemental if it is exposed to the light of day 
through the regular order committee process. No one, not even the 
Senate majority leader, is going to tell Senator Byrd to abdicate his 
devotion to regular order or his responsibility as chairman of his 
beloved Appropriations Committee.
  Unfortunately, the adherence to regular order has now been completely 
abandoned on the House side of the Capitol. Both Chairman Obey and 
Speaker Pelosi, the sole authors of the House supplemental before us 
today, have dismissed as ``a nonissue'' those bipartisan voices calling 
for full committee consideration of this critically important 
legislation.
  In conversations with both Republicans and Democrats in the House, it 
is widely felt that the Democrat leadership has unfairly and wrongly 
circumvented the House Appropriations Committee process.
  Further, the House majority has chosen to proceed under a closed 
rule, eliminating any and all amendments on the House floor, and is 
intent on bypassing a conference committee with the Senate. In effect, 
the Democrat leadership has eliminated every conceivable opportunity 
for Republicans and Democrats to represent the views of their own 
constituents.
  I find this sadly ironic, for it was Nancy Pelosi in 2006 who 
outlined the new Democrat majority's governing philosophy. And I will 
quote her: ``Bills should come to the House floor under a procedure 
that allows open, full, and fair debate consisting of a full amendment 
process that grants the minority the right to offer its alternatives, 
including a substitute. Bills should be developed following full 
hearings and open subcommittee markups.''
  As the body knows full well, we have had not an open process, let 
alone full and fair debate. Nor have we had any amendment process. Nor 
have we had any hearings whatsoever. So, I ask the Speaker, what has 
changed?
  In an October 20, 2006 press release, then-minority leader Nancy 
Pelosi wrote in a letter to then-Speaker Hastert, ``The voice of every 
American has a right to be heard. No Member of Congress should be 
silenced on the floor.''
  My colleagues know that I have expressed grave concerns about Speaker 
Pelosi and Chairman Obey being the sole authors of this legislation 
without any input from other Members with considerable expertise in 
these subject matters. I am not alone in expressing this concern.
  Last week, my dear friend and colleague, Marcy Kaptur, voiced her 
displeasure with Chairman Obey and her own leadership. She said, 
``Leadership, by keeping the supplemental too close to the vest and not 
going through a committee markup, has failed to engage the broader 
membership. It does disenfranchise the voice of people who don't come 
from leadership locations.''
  I just happen to be the ranking member on this full committee. I saw 
the text and the heart of this proposal only yesterday in the early 
part of the afternoon. They have had it for months in the works, but 
have chosen to ignore entirely the minority in this connection. My 
colleagues know that I have expressed grave concern about this process 
before.
  The House majority leader, Steny Hoyer, has said that it is 
disingenuous for Republicans to speak out over the Iraq war 
supplemental bypassing the Appropriations Committee process. He 
suggested that the House Republicans, while in the majority, had 
engaged in similar practices. This argument would be convenient if it 
were, in fact, true. However, we all know that facts are stubborn 
things.
  According to the April 29 edition of the Politico, ``There have been 
about three dozen emergency spending bills in the past 20 years, and a 
handful has passed without input from the Appropriations Committee, 
including billions in Hurricane Katrina aid and post-September 11 
funds. But none of the Iraq war funding bills has bypassed the 
appropriations panel in the process.''
  Have there been occasions where supplemental spending bills have not 
been

[[Page H3937]]

considered by the full committee? Sure there have. But on those rare 
instances, such as the aftermath of September 11 and so on, there was 
bipartisan consensus on the need to act quickly. And we did so by 
working together.
  In no circumstance, to my knowledge, did either the Republican 
majority or the Democrat minority that preceded it ever deny either the 
opposition party or even members of its own party a seat at the table 
in writing such critical legislation.
  Yet here we stand today, debating the merits of a bill that only a 
handful of Members have even seen. Very, very few Members know what is 
in this legislation.
  I ask you, anybody in this room, have any of you, besides David Obey, 
had a chance to really read this bill and know what's in it in detail? 
You're going to be asked to vote on it anyway, regardless of that lack 
of input.
  Members of the House, Republicans and Democrats, deserve to have 
their voice heard. By the end of the day, not one Member will have an 
opportunity to offer an amendment or propose any alternative ideas to 
this body for a vote.
  What are Speaker Pelosi and Chairman Obey afraid of?
  This is the fifth time since January 2007 that this majority has 
brought a supplemental appropriations bill to the House floor under a 
closed rule, violating the entire tradition of the appropriations 
process.
  In order for the people's voices to be heard, it is fundamental that 
the representatives' voices are heard. What is happening here is that 
we are beginning to lay a pattern to destroy the representative process 
that allows the people to be heard through the people they send here to 
represent them in the first place.
  Speaker Pelosi and Chairman Obey have effectively said to virtually 
every Democrat and Republican serving this great body: ``Your voice is 
irrelevant, and your input is not welcome.'' Again, what are Speaker 
Pelosi and Chairman Obey afraid of?
  I believe this practice of circumventing our traditional committee 
process and ignoring the voices of rank and file Members and their 
constituents is detrimental to the health of the legislative process. 
It puts in place a process wherein a handful of powerful legislators 
become ``the Great Deciders'' of what should or should not be included 
in this almost $250 billion spending bill. This is not the ``House of 
the Few Great Deciders.'' It is the ``People's House.'' It is the House 
of Representatives. We fail to recognize this at our great peril.
  On May 24, 2002, my friend and my chairman, Mr. Obey, said, and I 
quote, ``What a shame, when the legislative process is corrupted to 
polarize a product that should have been used to forge national 
unity.''
  These words are particularly true today as Chairman Obey and Speaker 
Pelosi put partisan interests ahead of the interests of the Members of 
the House and ahead of the people of this country. We can do better. 
And ladies and gentlemen, we must do better.

                              {time}  1300

  We can do better, and, ladies and gentlemen, we must do better. Vote 
``no'' on this package and send it back to where it belongs.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I want to thank the gentleman from California. Those are 
some of the nicest words he has ever said about me, and I appreciate 
them deeply.
  Let me also say that I think his speech simply bears out that because 
they can find no real substantive fault with the legislation, they have 
to fall back on whining about process.
  I would suggest that the gentleman from California is the last person 
I will take lectures from when it comes to talking about an open 
appropriations process. I was not chairman when the Appropriations 
Committee when, after the conference was closed and the work was done 
and the names are on the conference report, I was not the chairman of 
the committee who allowed 30 pages of unrelated new language not seen 
by anybody to be inserted in that conference report which insulated the 
pharmaceutical industry from suit if their products damaged their 
customers.
  I was not the chairman of the committee when the committee, after the 
conference was closed, and after it was finished, inserted anonymously, 
anonymously, in the dead of night, language which changed the 
definition of organic foods on the agriculture bill and led to nicely 
enriched profits for certain people in this society.
  All I can say is that the gentleman may not like the fact that we 
couldn't finish discussions as fast as we wanted to on this bill. He 
says he has only been able to see the text for the last day or so. Let 
me simply suggest that at least the text he reads is the text that will 
be in the bill after we vote on the bill, which is more than you can 
say for what happened under his stewardship on several locations.
  The SPEAKER pro tempore. The time of the gentleman from Wisconsin has 
expired.
  Mr. OBEY. Mr. Speaker, I yield myself 1 additional minute.
  Let me simply make the point, there is virtually nothing in this bill 
that hasn't been around here for months. This is not new material. The 
President's war request has been around here for months, as the 
gentleman himself has indicated.
  The unemployment compensation provision that we are providing in this 
bill already passed the House on one occasion. The Webb bill has been 
around for months, and it has the support, and, in fact, the 
sponsorship of the majority of the House and wide bipartisan support in 
the Senate as well.
  I would suggest, I think the question is, the Pentagon is saying 
you've got to get the money to the troops, because they're about to run 
out of money and won't get paid. Yet our friends on the other side are 
asking us to follow a process which would have taken a much longer 
period of time.
  You can't have it both ways. This is a fair process.
  The SPEAKER pro tempore. The time of the gentleman from Wisconsin has 
again expired.
  Mr. OBEY. Mr. Speaker, I yield myself another minute.
  I am personally opposed to the first amendment which we are 
presenting to the House. But out of courtesy to the minority, who 
support it, and out of courtesy to the White House, who supports it, we 
are allowing that to come to a vote. Our party has not even whipped on 
that question. We told Members, vote your conscience. I don't see how 
you could be more fair than that.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 5 minutes to my 
colleague from Florida, Bill Young.
  Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman for yielding 
the time to me, and I am here to comment on the defense part of the 
package, the request by the administration, the issue of procedure.
  Chairman Murtha was very outgoing and worked together with the 
minority and me, as the ranking member, in drafting this bill. We have 
always done that. When I was chairman, we did that. When he was 
chairman, we did that. The defense part of this bill is a good package. 
That's amendment No. 1.
  As a matter of fact, we actually followed the process, and we went to 
the subcommittee, and the subcommittee members had a full discussion of 
the defense part of this bill, and the subcommittee members on both 
size of the aisle agreed that we had produced a pretty good bill, and 
it met most of what the administration had asked for.
  Then we reported it on to the full committee. That's where the 
process broke down. The process up to that point, while it was at the 
subcommittee level, the process worked fine, regular order, just like 
it was supposed to.
  But then all of a sudden the process did break down. I don't know to 
what extent any other Members might have been involved, but this 
Member, as the ranking member on the subcommittee, was not involved.
  There were subsequent meetings, despite the fact it hadn't gone to 
the full committee, it hadn't gone to the floor of the House so that 
the Members could express their interest, either by amendment or by 
debate. There was a meeting between the leadership in the House and the 
Senate on the defense

[[Page H3938]]

package where it was actually conferenced, a conference agreement was 
reached. There was no conference, but a conference agreement was 
reached, and that is my understanding of what is in this bill today.
  As Mr. Lewis has said, we just got the actual language of what is in 
this package last night. So it does take a little time to read all of 
these bills and to understand.
  But I think the defense part of it, there may have been an additional 
change after that preconference conference, or whatever it was, I don't 
know that. That might have happened.
  But I support amendment No. 1, and I believe that we have done a good 
job in providing for our troops.
  The largest portions of amendment No. 1 will deal with pay, military 
personnel costs, what it takes to maintain the lives of our members of 
the military and their families. The other very large part of this 
package is operations and maintenance, something that is essential to 
keep the military going.
  So I support this package, but I really am concerned about the 
process as well. I like the package, but there may be some Members on 
this side of the aisle or on that side of the aisle who would like to 
see some changes, who would like to have an opportunity to debate what 
is included in that package, who might want to offer an amendment that 
could be productive, that may be something we would all support.
  But we all know, because the opportunity to do that just isn't there. 
It is a little strange place.
  My friend--and I think everyone knows that Mr. Obey and I are 
friends, and that we have a strong respect for each other, and we have 
worked very well together in our respective positions--but he mentioned 
early on that we moved very quickly after September 11, 2001, after the 
attacks on the World Trade Center, and the airplane that flew into the 
Pentagon, and the airplane that flew into the ground in Pennsylvania in 
Mr. Murtha's district that very likely was directed at this United 
States Capitol, where the Defense Subcommittee was in session working 
on the Defense appropriations bill. But we didn't know what was 
happening there. We didn't know what was next.
  If you recall, all of the airplanes flying in and around the United 
States were grounded because we didn't know if additional airplanes had 
been hijacked, we just didn't know the extent of the attack that we 
were experiencing, the terrible, vicious terrorist attack against an 
innocent Nation. So we did move quickly, and we appropriated $3 
billion----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. Mr. Speaker, I yield the gentleman an 
additional minute.
  Mr. YOUNG of Florida. I thank the gentleman.
  So we did move quickly, and on the third day after September 11, we 
produced a bill. Mr. Obey and I wrote that bill together, we consulted 
with each other, we had a couple of disagreements, we worked those out. 
We had some accountability in the bill.
  We then had a meeting with Senators, and on the third day we had 
worked together, Republicans and Democrats, to produce a bill that 
sailed through the House, sailed through the Senate, signed by the 
President. That's the way it was done. The process was not the regular 
order, but it was a process done in consultation with both parties and 
any Member that wanted to be included.
  While I do support amendment No. 1, I think the process is terrible, 
I think the process is inexcusable. I cannot support the process, but I 
think we have a good package on amendment No. 1, which is to pay for 
the national defense requirements in this supplemental.
  Mr. OBEY. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Pennsylvania (Mr. Murtha), the chairman of the Defense 
Appropriations Subcommittee.
  Mr. MURTHA. Well, as Bill Young said, we worked together when he was 
chairman. When Jerry was chairman, we worked together.
  The only thing I disagree with, when it comes to the floor, I am not 
sure I like to hear a lot about amendments. I mean, you know, I like to 
see it try to work in a hurry.
  But, anyway, I am concerned, when I heard the other day the Secretary 
of Defense say that the United States military must prepare for more 
fighting, future wars against insurgents and militias, such as in Iraq 
and Afghanistan, rather than spend money and time preparing for 
conventional conflicts.
  Overemphasizing the Department's focus on training and equipment for 
counterinsurgency missions appears to be simply a rationalization of a 
short-term budget decision made in the waning months of this 
administration. I am worried because we have been saying over and over 
again, let's look beyond Iraq, let's make sure we get the military back 
to the position where it should be.
  These decisions have left the Armed Forces in a degraded state of 
readiness. Both of us, when Jerry was chairman, when Bill was chairman, 
we have tried to increase the amount of money for the military to 
increase our readiness without the support of the administration in 
many cases.
  They have let the facilities, which directly impact service 
personnel, quality of life, in disrepair. Every place we have gone we 
have seen the disrepair. They have left many defense acquisition 
programs broken or badly damaged.
  I sent a letter to the Secretary of Defense saying, Mr. Secretary, we 
have got some real problems here. We have got to fix these procedures 
by sending a budget up to it. We have got to stop the supplementals, 
put it in one budget so we can have some semblance of order when we 
look at these decisions. These decisions fail to take into account the 
potential missions the U.S. armed forces must prepare for and may have 
to undertake in the years ahead.
  I find these comments questionable that he has made at a time when 
not one combat unit in the United States is rated as combat ready. We 
need a national strategy. We have tried to provide a national strategy 
to identify both near term and long-term threats to this country. We 
need a vigorous debate to achieve this strategy, and it hasn't happened 
since the Cold War.
  Now, I hope that in the base bill and this supplemental we are moving 
in that direction. I hope that's what we are going to be able to 
accomplish.
  Now, we spend more money on intelligence than any other country in 
the world. Put them all together, and we spend more money. I have got 
Punxsutawney Phil in my district. Punxsutawney Phil comes out once a 
year, he sees his shadow, and 50 percent of the time he is right.
  Well, I will tell you, I wouldn't say that the intelligence effort 
that we spend so much money on is any more than that, because so many 
things have not been right.
  I am concerned that if we don't pay attention to what we know, we who 
have been here a long time, we are not going to be prepared not only to 
fight a war, but to prevent a war. We can no longer be the world's 
policeman, and I think all of us understand that.
  We need to rebuild our diplomatic alliances, and we need to restore 
our international credibility. Our military and diplomatic force must 
include the strengths of our allies. We cannot do it alone.
  Now, let me say in this bill we have $3.6 billion for C-17s. We 
produced 34 C-130s. We went through it with the subcommittee in detail. 
We had to make some changes because the full committee wanted us to 
make some changes, $3 billion for medium and heavy trucks. I remember 
when we went to Saudi Arabia the first time, we asked General 
Schwarzkopf, what was the biggest shortage, and he said trucks.
  We have tried to take care of the things we realize need to be done. 
We put money in for Humvees and Marine Corps facility maintenance, and 
we put in for medical maintenance. We transferred money to the military 
construction committee, and they made the decision where that money 
should go--and $570 billion--no one in Congress, probably in the 
history of Congress, paid more attention to medical care for the 
military than Mr. Lewis, Mr. Young and myself. We have tried to be in 
the forefront in making sure that they have what they need in order to 
take care of the troops.

[[Page H3939]]

                              {time}  1315

  As a matter of fact, we put money in some years ago for a center to 
take care of the amputees, and it took them awhile to understand that 
we were serious about it, but it happened. I am proud to say that is 
working very effectively.
  So what we have done under the Constitution is appropriate the money 
where we think it will do the most good, and we will continue to do 
that. This is a good bill, and I hope Members vote for it so we can get 
the money to the troops that they need.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from New York, Jim Walsh.
  Mr. WALSH of New York. Mr. Speaker, I thank my friend from California 
for yielding me this time.
  I have the greatest respect for the gentleman from Wisconsin. He is a 
good Member of this body. He is my chairman on the full committee. He 
is the chairman of my subcommittee, and on that subcommittee we work 
very well together to address the key issues of our country.
  However, Mr. Speaker, the bill before the House today is a phony bill 
for many reasons. The rules have been thrown under the bus. No markup, 
no conference with the Senate. First and foremost, this product is the 
product of a couple of people in a body of 435. It does not reflect the 
best ideas of bipartisan membership of the Appropriations Committee. 
And when it leaves this Chamber, it will not reflect the best ideas of 
the 435 Members of this House.
  While I often disagree with the chairman of the Appropriations 
Committee in the Senate, Senator Byrd, at least he stood up for his 
committee and for the regular order and for the prerogatives of the 
Appropriations Committee in the Senate.
  I have heard over the last several days the assertion that Members of 
the minority were offered an opportunity to participate. I must have 
missed it; I don't remember any consultation.
  Mr. Speaker, I am embarrassed that the committee on which I am so 
revered and on which I have been so proud to serve for so many years 
has been reduced to this phony exercise.
  The reality is that the majority knows that this bill is going to be 
vetoed. Staff representing the Democratic leadership were quoted 
yesterday in the press as saying: ``Oh, yeah, it will be vetoed. That's 
the whole part I forgot.''
  Quite frankly, Mr. Speaker, there is a time and place for fun, but 
not here and not now. The Democratic leadership, by virtue of that 
flippant remark to the press, a remark made quite clearly without 
regard to the needs of the men and women who risk their lives every day 
in service to this great Nation seems to me to recognize that they are 
playing politics with our troops.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman 1 additional minute.
  Mr. WALSH of New York. If they know this bill will be vetoed, if they 
know that our troops need food and ammunition and armor and equipment 
quickly, and if they know that the families of our troops need a 
paycheck, following a veto strategy seems to be nothing more than 
phony, political posturing at the expense of the heroes who, with their 
families, sacrifice to protect our Nation.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished 
chairman of the Military Construction Subcommittee, the gentleman from 
Texas (Mr. Edwards).
  Mr. EDWARDS. Mr. Speaker, this bill honors our troops, our veterans, 
and their families. I want to thank Chairman Obey for being a true 
champion for our Nation's veterans, our troops, and our military 
families. His leadership and partnership with Speaker Pelosi are why 
this bill includes an historic 21st Century GI Bill of Rights, to make 
college education a reality, not a dream, for America's veterans.
  Perhaps less noticed, but vitally important to our military troops 
and their families, we also made a commitment in this bill to 
significantly improve health care and daycare for military families, 
and housing for single servicemen and women. Better housing, health 
care and daycare are our way of letting those who defend our Nation 
know that this Congress will respect their service and sacrifice in a 
meaningful way.
  For troops in Iraq and Afghanistan, many of whom are on their second 
or third tours of duty, this measure provides the essential facilities 
required to live and fight this war so far away from their homes. It 
recognizes for force protection projects wherever our troops are 
located.
  For the young men and women just volunteering now for military 
service, amendment No. 3 also provides $300 million to build much-
needed training barracks and other facilities. This barracks initiative 
will send a clear message to our newest heroes that we deeply respect 
their decision to serve our Nation.
  For the men or women wounded or ill, this amendment provides $1.3 
billion to modernize outdated and inefficient military hospitals. 
Twenty-first century troops and their families deserve better than to 
be treated in World War II and Korean-era medical facilities. This 
commitment tells our troops they will have the best care if they are 
wounded, and even more important to so many of them, that their 
families will have the best of care while they are gone.
  I want to especially thank and salute Chairman Murtha for his 
dedicated, strong support for this military health care initiative. All 
of our military troops deserve his thanks, and should thank him and 
respect him for his leadership here.
  For the families left behind here at home while their loved ones are 
at combat overseas, this bill provides $200 million to build new child 
care and youth facilities. Our military spouses and children may not be 
wearing our Nation's uniform, but they are making sacrifices each and 
every day, and we should never forget their service to the American 
family.
  To address the housing, training and other facilities needed at 
military bases that are growing as a result of the 2005 Base 
Realignment and Closing law, this bill fully funds the administration's 
BRAC request for the fiscal year 2008.
  And let me point out, Mr. Speaker, that individual Member earmarks 
were neither requested nor considered by our Military Construction and 
VA Subcommittee. Every project funded was either requested by the 
administration, the Department of Defense, or funded based on the merit 
and need for our troops.
  Voting ``yes'' on this bill is a vote to honor our troops and our 
veterans.
  Mr. LEWIS of California. Mr. Speaker, it is my pleasure to recognize 
my colleague from Virginia, Frank Wolf, for 2 minutes.
  (Mr. WOLF asked and was given permission to revise and extend his 
remarks.)
  Mr. WOLF. I had wanted to offer two amendments, one that would have 
prohibited government officials from attending the genocide Olympics on 
taxpayer money, and also Members of Congress. And no Member of Congress 
who speaks out on human rights should go to that Olympics.
  Secondly, I wanted to offer an amendment that would create a 
bipartisan commission, much like the Iraq Study Group, to look at 
everything, to put everything on the table, all of the spending and tax 
policies, to get control of our spending and where we are.
  We have $54 trillion of unfunded liabilities in this Nation. We have 
$9 trillion of debt, $1 trillion that the Chinese hold, and the Saudis 
also hold a large portion, the Saudis who had 15 Wahabbies on those 
airplanes that went into our buildings.
  Standard & Poor's says we will lose our AAA bond rating in 2012, and 
Moody's says we will lose it in 2018. The value of the dollar is 
falling like a rock. Gasoline is increasing. Mr. Speaker, what kind of 
country are we leaving to our children? Are we leaving a country 
whereby China and Saudi Arabia will be their bankers?
  Dietrich Bonhoeffer, the Lutheran pastor who stood up to the Nazis, 
said, ``The ultimate test of a moral society is the kind of world it 
leaves to its children.''
  This Congress, on both sides of the aisle, Republican and Democratic 
side, is not leaving a very good situation to their children and their 
grandchildren. I would ask you as Members of this Congress, as parents 
and grandparents, what kind of country do you want to

[[Page H3940]]

leave? What are you going to tell your kids and your grandkids later on 
when you say, When I was there, there was $54 trillion of debt, and I 
did nothing. There was $1 trillion held by the Chinese, who are spying 
against us, and Mr. Murtha knows how they are spying against us, we did 
nothing.
  We lost our AAA bond rating, Mom or Dad or Grandma or Grandpa while 
you were there, did you do anything? And the answer will be: We did 
nothing.
  I rise in opposition to this legislation.
  I have been a member of the Appropriations Committee since 1995, yet 
I cannot recall a time that the House has avoided the Appropriations 
Committee process with such a critical nationally and internationally 
important piece of legislation.
  Members of the Committee--including the minority--are being shut out 
of the process.
  I wanted to offer an amendment that would prohibit U.S. government 
employees from attending the Olympics on the taxpayer's dime.
  When awarded the honor of hosting the 2008 Summer Olympics, China had 
the opportunity to show the world that it has changed. But the China of 
today is worse than the China of yesterday, or of last year, or of the 
last decade. China is not progressing. It is regressing. It is more 
violent, more repressive, and more resistant to democratic values than 
ever before.
  China, which jails Catholic bishops, Protestant house church leaders, 
Tibetan Buddhists, Muslim Uyghurs and Falun Gong practitioners; which 
is spying against us and supplying weapons to regimes like Khartoum; 
which has an extensive system of slave labor camps, was awarded the 
honor of hosting the 2008 summer Olympic games.
  We should not reward the Beijing regime with our taxpayer dollars. 
U.S. officials should not be permitted to use Federal funds to attend 
the 2008 Olympics. But I am being prevented from offering this 
amendment because the Democrat leadership has gone around the 
Appropriations Committee and brought this bill to the floor under a 
closed rule.
  I also wanted to offer an amendment that would create a bipartisan 
commission--much like the Iraq Study Group--to look at everything--tax 
policy and entitlement spending--and recommend legislative action to 
rein in our Federal debt.
  We have $53 trillion in unfunded liabilities, and over $9 trillion 
dollars in debt. Standard and Poor's Investment Service has indicated 
that we could lose our triple-A bonding rating as early as 2012. The 
value of the dollar is falling through the floor. China holds our debt. 
OPEC countries like Saudi Arabia hold our debt. Dietrich Bonhoeffer 
said, ``The ultimate test of a moral society is the kind of world it 
leaves to its children.''
  Our grandchildren will bear the burden of out-of-control entitlement 
spending if we do not act. It's on our watch to fix, and the process 
being used today shuts out critical issues that we must face.
  This House needs to come together and work in a bipartisan manner to 
address the critical issues facing our country. This legislation today 
is the product of the heavy hand of the Democrat leadership in 
foreclosing an open and fair process and I cannot support it.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman for 
yielding.
  As many of our student veterans have come to realize, the current 
Montgomery GI Bill falls far short in meeting the needs of today's 
college students. The current program is designed as a benefit for 
peacetime service and was never intended as a wartime benefit.
  The 21st Century GI Bill in this bill will give our men and women in 
uniform who have served multiple tours of duty and extended tours of 
duty in Iraq and Afghanistan the educational benefits similar to the 
ones earned in World War II. Our veterans today have served multiple 
tours of duty. They are getting pulled away from school, their jobs, 
and their families. The current GI Bill does not honor their service 
sufficiently. This bill will.
  I commend our bipartisan cosponsors, especially my Virginia 
colleague, Jim Webb, for writing this bill. This bill will honor the 
service of our veterans. We need to pass this bill.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 2 minutes 
to the gentleman from New Jersey (Mr. Frelinghuysen).
  Mr. FRELINGHUYSEN. Mr. Speaker, I rise in strong opposition to this 
legislation, and I thank the gentleman for yielding.
  I oppose this legislation on two distinct grounds. On process, the 
American people should expect more from this Congress. They should 
expect that when the United States sends our brave men and women into 
combat, we provide them with the resources to protect themselves and to 
accomplish their mission, both military and humanitarian, and we do it 
expeditiously.
  In this context, the chairman of the Joint Chiefs of Staff, Admiral 
Mike Mullen, the Nation's top military officer, has warned all of us 
and our congressional leaders, and I quote: ``The Pentagon is 
dangerously close to running out of money. We need the supplemental 
appropriations very badly before the Memorial Day recess. We stop 
paying soldiers on the 15th of June, and we have precious little 
flexibility with respect to that.''
  Should it be a surprise to the majority leadership? Absolutely not. 
Our troops have been waiting nearly 450 days since the President 
delivered his request for emergency funds to Congress. Our soldiers 
need this funding to continue their efforts in the global war on 
terror.
  Yet this is a process that amounts to deliberate brinksmanship. You 
have waited until the 11th hour before bringing the bill to the floor 
in an effort to force the President and the Congress to endorse and 
accept billions of dollars of nonwar, nonemergency spending.
  Having said that, Mr. Speaker, on substance, on the funding for Iraq 
and Afghanistan, this is a solid package and I commend the gentleman, 
Chairman Murtha, and the gentleman from Florida (Mr. Young) for their 
work. However, my colleagues, once again we are being asked to endorse 
a policy that amounts to retreat from our battles with terrorists in 
Iraq.
  But this bill in the end should not be about binding or nonbinding 
deadlines for withdraw or how to conduct this war. The critical mass of 
this bill is about supporting our troops and making sure that all of 
these volunteers get what they need.
  Mr. OBEY. I yield 1 minute to the distinguished gentlewoman from 
South Dakota.
  Ms. HERSETH SANDLIN. Mr. Speaker, I thank Chairman Obey for his hard 
work in putting together this emergency supplemental and overcoming a 
number of challenges in readying the amendments the House is 
considering today.
  As chairwoman of the Economic Opportunities Subcommittee of the House 
Veterans' Affairs Committee with jurisdiction over veterans' education 
benefits, I am proud to support today's efforts to modernize the 
Montgomery GI Bill. Members of the subcommittee have worked diligently 
throughout the 110th Congress to understand how best to enhance 
education benefits and make them easier to access for our Nation's 
veterans in the 21st century.
  My stepbrother, a 3rd Class Petty Officer in the United States Navy, 
next week deploys to the Persian Gulf on the USS Ronald Reagan. He, 
like so many thousands of brave and dedicated service men and women, 
stands to benefit from our important vote today, a vote to invest more 
wisely in these men and women who make the commitment to serve our 
country and keep us safe, a vote that reflects our priorities as a 
Nation to recognize their honored service.
  I urge my colleagues to support this much-needed improvement in 
veterans education benefits.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Kansas (Mr. Tiahrt).
  Mr. TIAHRT. I thank the gentleman from California.
  Mr. Speaker, Washington is broken and it needs to be changed. This 
bill has been excluded from the normal rules and regulations of the 
House, and America's Representatives have not had their voices heard or 
their rights allowed. It would be a totally different bill if we had 
not violated the House rules and let the committee process work. 
Washington is broken and we need to have it changed.

                              {time}  1330

  For example, if we had committee meetings, we would not have had a 
tax increase in here. We have a huge tax increase in this bill that 
affects small business owners. Eighty percent or 83 percent of the 
taxes here, of the people that are going to be taxed here, are small 
businessmen.
  Now, in Kansas, just like a lot of America, four out five jobs are 
created by small businesses. And for those of

[[Page H3941]]

you that have not been reading the newspaper, our country is in a 
period of slow growth. This is exactly the time we need to strengthen 
small businesses, instead of punishing them through this bill. Eighty-
three percent of the people punished in this bill are people that are 
creating jobs.
  If we'd had a committee process, we may not have added in other 
ancillary issues into this idea. Instead, we would have had a clean 
bill that would address the needs of our young men and women who are 
faithfully serving this Nation, protecting our families, take the fight 
to the enemy and helping us keep this country safe.
  But, Mr. Speaker, Washington is broken and it needs to be changed. We 
have avoided the committee process and because of that, there are 
portions of this bill that could have been improved, portions of it 
that could have been improved for our veterans that have served so 
faithfully, come home to us broken, people we need to take care of. But 
because the committee was not involved in this process, we have not had 
the ability to improve this care for those who have done so much for 
us. The reason is, Mr. Speaker, is because Washington is broken and it 
needs to be changed.
  We need to use the committee process. The committee process is a very 
important part of this. It's been violative of our own House rules. 
Washington is broken and it needs to be changed.
  Mr. OBEY. I yield myself 2 minutes.
  Mr. Speaker, I just cannot allow the impression to continue that 
somehow we have violated House rules or committee rules by this 
procedure. The fact is that despite some Members having not been around 
here long enough to remember, the House used to often proceed in this 
way, moving amendments back and forth between the Senate and the House 
as a device by which to reach agreement on legislation. That happened 
routinely during the old abortion debates back in the seventies when 
amendments offered by Mr. Magnuson and Mr. Flood were bounced back and 
forth between the Houses.
  The fact is also that I offered, and my staff director specifically 
offered, to have the minority staff participate in every discussion 
related to appropriation items. We pointed out, we were not drafting, 
in our committee, the unemployment insurance issues. That was drafted 
by the authorizing committee. And we were not drafting the language 
with respect to Medicaid rules. That was done by the Energy and 
Commerce Committee.
  But we offered to have the minority staff participate in all of the 
staff meetings that were going on with respect to anything over which 
the Appropriations Committee had direct jurisdiction. If they chose not 
to exercise that right, that's their responsibility, not ours.
  I would also point out that my understanding is that in the 109th and 
110th Congress, fully 12 percent of legislation that was passed was 
passed using this process of moving amendments back and forth between 
the Senate and the House. So this may be an unusual procedure, but it 
is far from unprecedented.
  Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my 
time.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Illinois (Mr. Jackson).
  Mr. JACKSON of Illinois. Mr. Speaker, I thank the gentleman from 
Wisconsin.
  I rise in strong support of amendment No. 2 and amendment No. 3 to 
the Supplemental Appropriations Act of 2008.
  As a member of the Foreign Operations Appropriations Subcommittee, I 
have fought to include overseas humanitarian assistance in these 
supplemental appropriations bills. I want to thank Chairman Obey for 
including several of these provisions in amendment No. 3 which truly 
reflect the will and generosity of the American people.
  Because of the rising cost and shortage of food, riots and 
instability have hit Haiti, have hit Egypt and the Philippines. 
Amendment No. 3 contains a total of $850 million for P.L. 480 Food for 
Peace Programs, which will be made available as soon as this bill is 
signed into law.
  In Sudan, Chad, Kenya, Somalia and the Democratic Republic of the 
Congo, thousands of people die each day, not from conflict, but mostly 
from malnourishment and lack of health care and shelter. Amendment No. 
3 includes $200 million for urgent humanitarian disaster assistance, 
and $300 million for assistance for refugees and internally displaced 
persons.
  These funds are desperately needed, and I strongly urge my colleagues 
to vote for amendment No. 3.
  Mr. LEWIS of California. May I inquire of the Chair how much time is 
left on each side.
  The SPEAKER pro tempore. The gentleman from California has 35\1/2\ 
minutes remaining. The gentleman from Wisconsin has 31 minutes 
remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, one of the delights of this process, preparing for this 
bill, has been to go back through the process of the past and look at 
some of the protestations and expressions of concern by my colleague, 
now the chairman of the full Appropriations Committee. I love this 
quote particularly. He says, ``Now this bill is going nowhere. It's 
going to be vetoed.'' Which bill are we talking about? This one or that 
one?
  The American people know that once again Congress is putting partisan 
political considerations ahead of the needs of the American people. 
What we ought to do is to stop these political games and go forward 
with the regular process.
  I reserve the balance of my time.
  Mr. OBEY. I yield 1 minute to the distinguished gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Thank you, Chairman Obey, for the time.
  Today the Congressional Progressive Caucus held an event called 
``Winter Soldier.'' We listened to the veterans of the Iraq occupation, 
and they told us about what it's been like over there and what they've 
learned. The meeting actually followed in tradition of hearings first 
held during the Vietnam War. The forum gave veterans who have firsthand 
experience a chance to tell their stories. It was a solemn, thought-
provoking event. What these men and women saw, what they've 
experienced, is really heartbreaking.
  But today we have it in our power, we have it in our power to put an 
end to the tragedy that is the Iraq war. Today, this Congress will 
decide if we will give the President a blank check to continue his 
endless occupation of Iraq, or if we will fund redeployment and 
reconciliation and if we will do something for the refugees in Iraq.
  The American people have been clear in their demands. They want to 
end the occupation, not extend it. They want us to bring our troops and 
military contractors home. They want us to reaffirm our commitment to 
the Iraqi people.
  Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my 
time.
  Mr. OBEY. I yield 1 minute to the gentlewoman from California (Ms. 
Lee).
  Ms. LEE. Mr. Speaker, I rise in strong opposition to this continued 
occupation in Iraq, and I want to thank Chairman Obey for his 
leadership and for yielding me this time. I'm so much opposed to giving 
this President this new funding to continue this occupation with no 
strings attached until last night, once again, I went to the Rules 
Committee to propose the Lee amendment, which would provide funding 
only for the safe, responsible redeployment of our troops and 
contractors, and also for a strong diplomatic initiative. Not one dime 
should be spent anymore for funding this combat operation.
  We just left a hearing of our Winter Soldiers. These young men and 
women told us about the dehumanizing effects of what has happened to 
them in terms of our troops. This has got to stop.
  One of their first requests was to ask us not to vote for any more 
funding, to fund only redeployment and to bring them home.
  In honor of our troops, let's bring them home and not send any more 
money over there to fight this war.
  Mr. Speaker, I rise in strong opposition to the continued occupation 
in Iraq and I want to thank my Chairman, David Obey for his leadership 
and for yielding me the time. I am opposed to giving this president 
$180 billion with no strings attached to continue the disastrous war 
and occupation in Iraq as amendment No. 1 does.
  The war and occupation in Iraq has put our country and economy in a 
hole. When you are in a hole, you've got to stop digging and climb your 
way out. Today that means funding the

[[Page H3942]]

safe redeployment of our American troops and contractors out of Iraq.
  The Lee Amendment I offered at the Rules Committee would have 
accomplished that but it was not made in order. So I have no choice but 
to vote against providing more funding for Iraq.
  Unlike amendment No. 1, amendment No. 2 contains important 
restrictions and limitations on funding and would begin redeployment of 
our troops within 30 days. The second amendment also contains two 
restrictions and conditions that I have long championed. The first is 
the prohibition against the establishment of permanent military bases 
in Iraq. The second condition prohibits the President from unilaterally 
binding the U.S. to an agreement with the Government of Iraq that 
includes security assurances for mutual defense.
  Finally, I support amendment No. 3 which provides urgent funding for 
domestic and international priorities, including a new GI bill for our 
brave veterans, extension of unemployment benefits, funding for 
peacekeeping operations in Darfur, and urgently needed international 
food and disaster assistance.
  The sad fact is that in the last 5 years this Administration has 
spent nearly a half trillion dollars on the Iraq war and occupation and 
we have precious little to show for it. Iraq has been destabilized, our 
national prestige has been tarnished, and national attention has been 
diverted from the real and urgent challenges facing the American 
people.
  Over 4,000 American troops and tens of thousands of Iraqis have died, 
more than 30,000 Americans are wounded, and more than 4 million Iraqis 
are displaced.
  It is far past time to stop the madness.
  I urge a ``no'' vote on amendment No. 1. I urge a ``yes'' vote on 
amendment No. 2 and No. 3. We must redeploy and honor our troops by 
bringing them home.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
minority whip, Mr. Blunt of Missouri.
  Mr. BLUNT. Mr. Speaker, I thank the gentleman for yielding.
  This week, we're in the week before we break for our annual Memorial 
Day work period. Historically, this has been a time when we recognized 
those who have served and those who are serving, those who are willing 
to give even their life to help protect the freedom of this country. 
This is a time-honored tradition in our country.
  It's today that we finally come to the floor, after literally months 
and months of a request for this funding for troops, nearing the 
deadline where troop withdrawal notices or troop furlough notices and 
other furlough notices would go out, and we come to the floor with a 
bill that puts restrictions on the troops. We come to the floor with a 
bill that does, in fact, finally meet those funding needs of the 
troops. And we come in a way that doesn't allow us to have any 
different ideas, have any amendments to these provisions that are 
brought to us today.
  This is an extraordinary procedure in the way we have handled 
supplementals in the past. The only supplementals that have ever been 
brought to the floor in the last 20 years, with a closed rule, were 
supplementals where both sides agreed that we had to immediately 
respond to an immediate emergency, and it was a bipartisan agreement. 
There is no bipartisan agreement on the way this bill is brought to the 
floor. And because of that, it does not meet the needs of the troops as 
it should. The restrictions are wrong. The time line is wrong. Even the 
GI benefits that all of us believe need to be updated to meet the needs 
of today's military, as opposed to yesterday's military, doesn't have 
transferability of those benefits, the thing that spouses and people in 
the military and dependents in the military would like. It isn't 
designed for a military that's a volunteer Army.
  There is a better House provision, but are we allowed to offer that 
House provision? No.
  The SPEAKER pro tempore. The time of the gentleman from Missouri has 
expired.
  Mr. LEWIS of California. I yield the gentleman 1 additional minute.
  Mr. BLUNT. We get to say yes or no because everybody in this building 
knows that this bill will never become law. We've waited till the week 
before Memorial Day to bring a bill to the floor that will not become 
law. The majority leader announced earlier today that maybe it will be 
the middle of June before we get to a bill that would actually get to 
the President's desk and become law, when furlough notices have gone 
out.
  This is a shameful way for us to meet the needs of our troops, and I 
hope we'll get down to business next week and see if we can't actually 
pass a bill that will meet the needs of our troops.
  Mr. OBEY. I yield 2 minutes to the distinguished majority caucus 
chairman, the gentleman from Illinois (Mr. Emanuel).
  Mr. EMANUEL. Mr. Speaker, I thank my colleagues from Wisconsin and 
from Pennsylvania.
  This is about our eighth war funding supplemental, emergency spending 
for the war. But what's intriguing about this one is that, in every 
other war supplemental, we've asked the American taxpayers to give the 
Iraqis approximately $50 billion to rebuild their country, schools, 
hospitals, roads, electricity, all so Iraq can rebuild after the war. 
And this is the first supplemental that we've asked to rebuild America. 
These kids lives, approximately the same amount of money.
  Over the last eight funding bills for the war, we've dedicated 
approximately $50 billion of American money to rebuild Iraq's schools 
and roads. We're asking approximately a little over $50 billion to help 
these kids, our GIs, to rebuild their lives, to get the education that 
they've earned, to start on a new life for them and their family, 
whether they be Guard, Reserve or active duty.
  So there has been no conscience, no problem when it came to Iraq's 
roads. They got the money. There was no problem when it came to Iraqi 
schools and hospitals. We said that was our moral obligation, to help 
Iraq get back on their feet.
  What moral obligation do we have to our own GIs to get back on their 
feet?

                              {time}  1345

  Where is the decency to these kids who we've sent, not once, not 
twice, some of them three times who signed up to be Guard or Reserve 
and then we've implemented a stop-loss program that totally changed the 
contracts?
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. Mr. Speaker, the gentleman is yielded 1 additional minute.
  Mr. EMANUEL. We have an obligation to these children to restart their 
lives.
  At the height of 1949, the original GI Bill of Rights for World War 
II was 1 percent of our GDP. This is far less. And look how well that 
paid off for this country. Everybody knows somebody who went to school 
on that GI Bill. We are doing right by those kids who are doing right 
by us.
  You have compared this war with the equivalent of what we've done in 
World War II. Well, let's make it the equivalent by giving these kids a 
GI Bill. They've earned it every day doing something that not one of us 
have done in this context.
  And yes, we've asked those who are the most well-off in this country, 
people we all know, to pay a little so these kids can go to college and 
pursue their dream that they made possible for us because of their 
sacrifice. And I know a lot of those people, and they're willing to pay 
a little more to make sure that these kids have an opportunity for the 
American Dream.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 1 minute 
to my colleague from Indiana (Mr. Pence).
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. I thank the gentleman for yielding.
  Mr. Speaker, unlike the previous speaker from Illinois, whom I 
greatly respect, I support the war in Iraq. I have supported it from 
the beginning. I support providing the resources to our soldiers who 
are in the fight in Iraq and Afghanistan. I pray for some 3,000 Indiana 
soldiers who are on the ground in Operation Iraqi Freedom every day. 
But though I support providing our soldiers with the resources they 
need to get the job done and come home safe, I cannot support this war 
supplemental bill.
  Mr. Speaker, I believe the American people need to know what is going 
on here. I mean, this is a backroom deal for $250 billion that includes 
$72 billion in domestic spending that has nothing whatsoever to do with 
our soldiers and the war on terror. It also will increase taxes on 
working families by $51 billion. Higher taxes and higher domestic 
spending put on the backs of our soldiers is indecent, Mr. Speaker.

[[Page H3943]]

  When my colleague from Illinois speaks about decency, it is indecent 
to come to this floor and play politics with our troops during a time 
of war. This Congress should bring a clean supplemental bill to this 
floor that provides our soldiers with the resources they need to get 
the job done and come home safe, not billions of dollars in domestic 
spending and higher taxes.
  I urge my colleagues to vote ``no'' on this legislation to reject 
playing politics with our troops in the field.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  I cannot believe what I just heard.
  The gentleman just indicated that somehow we're adding $72 billion to 
a bill ``that has nothing whatsoever to do with the welfare of 
soldiers.'' I would point out by far the largest item that we are 
adding to this bill, $51 billion over 10 years, is devoted to help 
those very same soldiers so that the people who fought, when they come 
home, get treated the same way that the GIs did at the end of World War 
II. That isn't on the backs of the soldiers. That's trying to enhance 
their lives. It's trying to enable Reservists and Guard members and 
regular forces who have had their lives disrupted, who have gone to 
Iraq two and three times. We're trying to say, Okay, you can stay home 
for a while. Get yourself a college education.
  The GI Bill paid back this country $7 for every dollar it cost.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. I yield myself 1 additional minute.
  The GI Bill paid back to this society $7 for every dollar that it 
cost. There are unfortunately some people in this House who know the 
cost of everything and the value of nothing. Fortunately, the people 
who support this third amendment today will not be among them.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Louisiana (Mr. Scalise).
  (Mr. SCALISE asked and was given permission to revise and extend his 
remarks.)
  Mr. SCALISE. The people of southeast Louisiana have faced tremendous 
challenges during the last 2\1/2\ years. Thousands of people lost their 
homes due to the failure of Federal levees. However, today we find out 
that the flood protection that they need is going to be held in 
jeopardy by a poison pill in the name of a $52 billion tax increase on 
the backs of small businesses that was thrown into the bill last night 
with no debate. Our flood protection should not be held hostage to $52 
billion in new taxes on the backs of small businesses.
  This language clearly will not make it through the legislative 
process and will only give false hope to a people who deserve much 
better. Let us go back to work, come up with a solution that we can all 
agree can pass through the legislative process. I look forward to 
working with you to achieve that solution.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Tennessee (Mr. Tanner).
  Mr. TANNER. Mr. Speaker, when these people say they're going to 
provide the resources for the war and for the veterans but they're not 
going to pay for it, what they're really saying is China is going to 
provide the resources to our veterans; China is going to finance this 
war because that's what has been going on. They have borrowed more 
money from foreign sources since George W. Bush took office than all 42 
Presidents of the United States before him put together, and they still 
want to keep borrowing.
  And talk about working families, we are asking people who make over 
$1 million a year to increase their taxes $500 for these veterans to go 
to college so the veterans will not be subject to future deficits and 
future matters that may be beyond our control where the program has to 
be cut.
  This is dedicated funding, and it comes from those in this country 
who have the most to give to the people who gave the most with no arms 
and no legs. I have seen them and you have seen them at Walter Reed and 
Bethesda.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. I yield the gentleman 1 additional minute.
  Mr. TANNER. And we're going to provide resources? No, we're not going 
to provide any resources for these veterans unless you vote for this 
bill. What you're doing is we're going to ask China and Japan to give 
the resources to our veterans. I think that's a moral outrage.
  If we can send more, we can damned sure help them get through college 
when they get home with one arm and one leg.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to recognize for 2 
minutes the former chairman of the Veterans' Committee, Steve Buyer of 
Indiana.
  Mr. BUYER. I thank the gentleman for yielding, and I would like to 
limit my remarks to the veterans' education benefits that's contained 
in the amendment.
  I don't believe that there is a Member here in the House who opposes 
improving the GI Bill. What I find objectionable and, Mr. Speaker, I 
have listened to the lectures by the then-ranking member and now the 
chairman of Appropriations with regard to process over the years and 
how conflicted he must feel, the fact that his leadership has directed 
him to bring a bill to the floor that has not gone through the process 
and, matter of fact, that there's no bipartisanship in agreement. You 
had brought bills to the floor before that didn't go through the 
appropriations process, but you two had agreements.
  So you must be incredibly conflicted at the moment because you have 
given us lectures on process, and now you've thrown all of your 
lectures out the window.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. BUYER. Mr. Speaker, he's thrown all of them out the window.
  What upsets most of us who sit on the Veterans' Affairs Committee is 
in fact there was a response. Chairwoman Herseth Sandlin and Ranking 
Member John Boozman have a bill. It's called H.R. 5684, and that bill 
was amended through regular order in the House. And what that bill did 
was improve the existing GI model, and the entire committee passed it.
  Now what has happened, instead of using the bill that came from the 
Veterans' Affairs Committee, she hijacked that process to bring a bill 
in the Senate that the House here has never even considered. We've 
never had any hearings on it. It might be the greatest of bills, but if 
we're about to do this, Mr. Murtha and others, for all of our comrades 
and buddies and pals, we better make sure it's done right.
  So in this process, I also know, and I agree with Mr. Tanner's 
remarks, Mr. Speaker, about paying for.
  Now I'm going to vote for this. I'm going to vote for it not because 
I like the tax provisions. I would have much preferred some offsets. I 
also recognize the Senate probably aren't going to go with the tax 
provisions.
  But we better be smart about our business here because if this House 
adopts this bill, we're going to have to be correcting it in conference 
instead of doing our business like we should have done in the House.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished 
chairman of the Veterans' Affairs Committee, the gentleman from 
California (Mr. Filner).
  Mr. FILNER. I hear my colleagues on the other side talking about 
political games and partisanship and process. The GI Bill of 1944 made 
the middle class of this Nation. Many of us are here today because of 
the GI Bill. My dad came back from World War II and was able to get 
some education, but he bought a house in Levittown, New York, for a 
couple grand, and we became part of the middle class for the first time 
in our history.
  It's time for a GI Bill for the 21st century, and that's what this 
supplemental has. It says to our young men and women who are fighting, 
We're going to pay for the full cost of college for 4 years when you 
get back; we're going to take care of some of the living expenses if 
you have a family, and we're going to put the National Guard and 
Reserve that are doing so much of the fighting in Iraq as eligible for 
most of the benefits for the GI Bill. That's what we need in the 
supplemental.
  We have a supplemental for the war. We need a supplemental for the 
warrior. The fact the first year, 2 years of this bill for the GI Bill 
was paid for, we

[[Page H3944]]

spent the same amount in 2 days of the war in Iraq. This is a 
reasonable amount of money to spend on those who have given us so much.
  General Washington said over 220 years ago, The single most important 
factor in the morale of our fighting troops is a sense of how they're 
going to be treated when they come home. When they come home, many of 
them with amputations, many of them with psychological wounds, we want 
to say we're going to make sure we take care of you, we're going to 
make sure you get some college education, we're going to make sure that 
you can take a part of the American dream. That's what we owe our 
soldiers. That's what we owe our Reserve and National Guard, and that's 
what this supplemental has.
  I don't care. You can talk about partisanship and political games. 
We're talking about the welfare of these young men and women who have 
given so much. Let's give them a part of the American Dream.
  Mr. LEWIS of California. Mr. Speaker, before I yield to my next 
speaker, I would yield myself 10 seconds.
  The chairman of the committee could have raised this 6 months ago 
since the bill has been around for a full year, but he chose to use 
political rhetoric today rather than really carry out his 
responsibilities.
  I yield 1 minute to the gentleman from Texas (Mr. Hensarling).
  Mr. HENSARLING. I thank the gentleman for yielding.
  Again, it's a travesty that we are on this floor yet again expecting 
our fighting men and women to carry other spending on their backs while 
they're trying to preserve our freedom. We've seen it before. There 
ought to be a clean up-or-down vote: do you support our troops; do you 
not support our troops.
  Now as the ranking member said, Mr. Buyer from Indiana, we all 
support an increase in GI benefits. But do you want to do it in such a 
way that the Secretary of Defense and the Commander in Chief says 
compromises our all-volunteer Army? I am the son, I am the grandson, I 
am the brother of veterans. I honor these people. But to harm our all-
volunteer Army is not the way to do it.
  And then we have heard lectures about well, we have to pay for it. 
Well, why yesterday did this body hand out Federal subsidies to 
millionaire farmers and then today turn around and try and tax them. A 
tax on small businesses is the way we're going to pay for this? It's 
absurd.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Walz).
  Mr. WALZ of Minnesota. I thank the chairman of the Appropriations 
Committee and my neighbor over in Wisconsin for all of his work and, of 
course, Chairman Murtha for his unending and tireless support of our 
veterans.

                              {time}  1400

  I rise today in strong support of the long overdue modernizations to 
the GI Bill. The original bill, that you have heard so many talk about, 
was one of the best pieces of legislation that ever left this floor. It 
allowed millions to attend college that wouldn't normally have been 
able to do so. I am, like my father before me is, one of those that 
stands before you because of that.
  I also stand before you in a humble position of being the highest 
ranking enlisted soldier ever to serve in this body, and the 
understanding of what these soldiers sacrifice and what our 
responsibility is should be known by everyone here.
  At times of war, we are asking so much, and as Senator Dole told our 
committee not more than a year ago, you spent billions putting them in 
harm's way, you spend the billions getting them out.
  We have a moral obligation to provide these veterans benefits when 
they return. It is also a national security issue to keep faith with 
our young people to know that, if they choose to sign up to defend 
their Nation, we will stand with them.
  Now I can tell you this. I'm not an attorney like many of my 
colleagues here. I'm a high school teacher and a 24-year veteran of our 
military, but I hear people stand here talking about process, talking 
about legalese, talking about everything like that. Your process when 
you were in charge, you had 5 years, Mr. Speaker, 5 years to do 
something about the GI Bill.
  Mr. Speaker, our colleagues on the Republican side had those 5 years. 
They chose to do nothing. They spent their time in enacting tax cuts 
for the wealthiest Americans. They tell us today this is a tax on small 
business. They must be doing well in Louisiana and Texas compared to 
Minnesota because $1 million a year for a family of two is an awful lot 
of money.
  The time to do this is now. We hear all the talk. We hear there's 
soul searching being done by my Republican colleagues. The only thing 
you need to do is look in the eyes of those veterans and tell them that 
you are unwilling to provide the necessary benefit for them to come 
back and make their lives whole.
  This provides for our warriors in the field. It provides for our 
veterans, and it does it by paying for it, and for that, I encourage 
all of our colleagues to vote with this.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. All Members are reminded to address their 
remarks through the Chair.
  Mr. LEWIS of California. Mr. Speaker, could you give us the time, 
please, on both sides.
  The SPEAKER pro tempore. The gentleman from California has 26\1/4\ 
minutes remaining. The gentleman from Wisconsin has 19 minutes 
remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Louisiana (Mr. McCrery).
  Mr. McCRERY. Mr. Speaker, I rise in strong opposition to this 
legislation before us. Besides increasing taxes, this bill would create 
an untargeted emergency extended unemployment benefits program that 
would add to the deficit and ultimately increase State payroll taxes.
  Moreover, this provision is untargeted, meaning it would pay extended 
unemployment benefits in all States, regardless of the availability of 
jobs in those States. Today's national unemployment rate is 5.0 
percent. In March, 32 States had unemployment rates below 5 percent. 
Congress has never created a temporary extended benefits program at 
such a low unemployment rate. The lowest prior unemployment rate when 
such a program was created was 5.7 percent. Especially given today's 
low unemployment rate nationwide, it just doesn't make sense to extend 
benefits in States where jobs are readily available.
  While I do not support the legislation before us on this subject, 
Republicans know that laid off workers are hurting, especially in 
States with struggling economies where jobs are hard to find and 
unemployment rates are high. That is why, during committee 
consideration of this legislation, I supported targeting extended 
unemployment benefits so real help would be provided where it is needed 
most. Unfortunately, that effort was rebuffed in favor of the general 
untargeted proposal before us today.
  This legislation also shows the sham that is PAYGO. The broad 
extended unemployment program is projected to cost $16 billion over the 
next 5 years and increase State payroll taxes by $1 billion over that 
time. And this is likely just the start. The typical temporary program 
in recent decades lasted about 30 months. If the program started under 
the legislation before us today follows that path, the ultimate cost 
will exceed $30 billion.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman an additional 30 
seconds.
  Mr. McCRERY. This program will cost about $30 billion if it follows 
that path.
  Yet despite pledges in this House to adhere to the letter and spirit 
of PAYGO, this bill does neither. Our colleagues' argument is that 
today's economic conditions constitute an emergency. Only 20 percent of 
all months since 1970 had a lower unemployment rate than today. So if 
we're in an emergency now, when won't we be in an emergency? We may as 
well just have extended unemployment benefits 100 percent Federally 
paid for forever and ever. It doesn't make sense, and it's very costly.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, Just Imagine! The mortal sin that we're accused of 
committing on this side of the aisle is believing that we ought to 
provide some additional economic assistance to people

[[Page H3945]]

who have been hit the hardest by economic dislocation and have been 
unemployed until their benefits have expired and haven't been able to 
find a job.
  It's suggested that we're doing this ``on the backs'' of our fighting 
men and women who return home. I'd suggest it's just the opposite. When 
a man or a woman returns home from Iraq, when we find out that in 
addition to their having their reentry problem, they also, some of 
them, may have post-trauma stress reaction, they find out in addition 
to what they have to worry about for themselves, they also have to 
worry about the fact that their sister or their brother-in-law is now 
unemployed, adding to the burden on that family.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. I yield myself 30 seconds.
  I think those GIs recognize this is supposed to be a seamless 
society. We're supposed to help take care of the people who are in the 
most trouble, and I don't apologize for using some of the money that we 
use for veterans benefits. I don't apologize for getting that money 
from some of the people in this society who have had the least stress 
in their lives.
  It seems to me that that's what the Judeo-Christian ethic is all 
about, and we plead fully guilty on this side of the aisle.
  Mr. LEWIS of California. Mr. Speaker, I proudly yield 1 minute to my 
colleague from Arizona (Mr. Flake).
  Mr. FLAKE. I thank the gentleman. I just want to make a brief 
observation here.
  We were here yesterday with the farm bill and witnessed the kind of 
traveling back in time, if you will, to find a baseline to use so that 
we could comply with PAYGO. So the majority party seems to use PAYGO 
however it fits their purposes. They will use PAYGO or they will ignore 
PAYGO or find ways around it by shopping for a baseline that works 
rather than what the law provides, or they will say we've got to comply 
with PAYGO today because we need to increase taxes.
  So it seems just an observation here that PAYGO is only used as a way 
not to enforce spending discipline because, if it actually does enforce 
any discipline, we waive it, but if it's used to increase taxes, then, 
by golly, we've got to enforce it.
  I just don't see how one day can make such a big difference if this 
wasn't the case.
  Mr. OBEY. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, I rise in support of the Iraq provisions 
included in amendment No. 2 calling for the responsible redeployment of 
our troops to begin within 30 days. After voting against this war, I 
have supported the goal of responsibly redeploying our troops for over 
2 years.
  And after President Bush and Prime Minister al-Maliki signed a 
``Declaration of Principles'' document outlining unprecedented security 
commitments and assurances to Iraq from the United States, I introduced 
the Iraq Strategic Agreement Review Act.
  So today I want to voice my support for the provision that makes 
clear, as my bill does, that any security arrangement between the 
United States and Iraq will not be funded unless it comes in the form 
of a treaty or is specifically authorized by a law.
  As we speak, the administration is negotiating a strategic framework 
agreement that goes well beyond a typical Status of Forces Agreement, 
essentially amounting to a treaty. It will need to be ratified by the 
Iraqi parliament, and it must be ratified by the United States Congress 
as well.
  Mr. Speaker, this issue goes to the heart of our constitutional 
duties as a Congress and the power to declare war with which we have 
been entrusted as representatives.
  I urge my colleagues to support this provision.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from the Appropriations Committee, the gentleman from Texas 
(Mr. Culberson).
  Mr. CULBERSON. Mr. Speaker, I think it's important for the American 
people to understand that throughout the history of this Congress and 
this Nation that party divisions in time of war have always ended at 
the water's edge, until today.
  Tragically, for this Congress, for this House, for the Appropriations 
Committee, the Speaker of the House has decided to unilaterally impose 
on the will of the entire Nation this appropriations bill without the 
benefit of a hearing, without the benefit of amendments, without the 
benefit of input not just from the Republican Members, Mr. Speaker, but 
from the Democrat Members.
  It's, I think, a terrible precedent to set for this great committee 
that I am so proud to be a member of. I know that my colleague, Mr. 
Lewis, and my colleague, Chairman Obey, are both men of good will and 
good hearts. I know this is, I think, a particularly sad day for the 
institution and the Nation where 300 million Americans are not given an 
opportunity to be heard on a question of national security as important 
as the issue of funding our troops is. Never before in the history of 
this institution have the entire committees, the Congress been shut out 
of this process.
  On the aftermath of 9/11, when you could stand in front of the 
Capitol Building and still smell the Pentagon burning, the Congress 
came together and by unanimous consent agreed to approve a supplemental 
appropriations bill to help pay for the costs of the war. In a time of 
emergency with the hurricane damage in New Orleans and across the 
South, we all came together and agreed to do this.
  But this is done unilaterally, without the consent of both sides, in 
a time of national emergency, and it is a travesty, Mr. Speaker. It 
contains provisions that have nothing to do with our troops' survival 
and safety in the field. To burden our troops with pork, with tax 
increases, with special provisions that have nothing to do with the 
war, adds to, I think, the obvious misuse of the process, and I urge 
Members to vote against the pork and support our troops.
  Mr. OBEY. I yield myself 30 seconds, and I yield to the gentleman 
from Texas.
  I would like the gentleman from Texas to point out a single piece of 
Member pork in this bill.
  Mr. CULBERSON. Will the gentleman yield?
  Mr. OBEY. Yes.
  Mr. CULBERSON. Mr. Chairman, there's a number of unnecessary 
provisions in this bill.
  Mr. OBEY. Name one.
  Mr. CULBERSON. Well, why are we separating out----
  Mr. OBEY. Name one.
  Mr. CULBERSON. Why are we----
  Mr. OBEY. Can you name one or can't you? The fact is there's not a 
single piece of Member pork in this bill. You ought to know.
  Mr. CULBERSON. Why are we passing provisions in this bill----
  The SPEAKER pro tempore. The gentlemen will cease their conversation. 
The gentleman's time has expired.
  All Members are reminded to address their remarks through the Chair.
  Mr. OBEY. I yield myself 1 additional minute.
  And through the Chair, I would invite the Member to name a specific 
piece of congressional pork in this bill. He cannot because there is 
none. He's at least had enough time to read the bill to know that.
  The only possible piece of pork in this bill is one which we inserted 
at the request of the Deputy Secretary of Defense for a military 
hospital in Guam that came here at the request of the Secretary of 
Defense's office.
  You can find no Member's pork in this package, and you know it as 
well as I do.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague, Mr. Wamp from Tennessee.
  Mr. WAMP. I thank the gentleman for yielding.
  I don't want to get into the blame game because the American people 
are sick and tired of the blame game. I think the truth is, Republicans 
screwed up running this place, and now Democrats are screwing up 
running this place. So there's plenty of blame to go around. And 
they're sick and tired of this process debate because they don't 
understand how it affects them.
  But let me say to the people who are talking process. If the Congress 
is not going to work together on matters of the military funding at a 
time of war, the Congress is never going to work together. And that is 
the underlying problem, and it does affect our lives.

[[Page H3946]]

  I've got a nephew in Iraq right now. I've got another nephew on his 
way to Afghanistan and that affects our lives.
  I am the ranking member of the Military Construction and Veterans 
Affairs Subcommittee. I heard my chairman, Mr. Edwards, whom I very 
much respect, go through 3 minutes of excellent reasons why to support 
this bill, but not one time did he talk about anybody on this side 
because we didn't have any voice in the process. He didn't compliment 
anything over here because we were not involved this time around. I 
think we should be.
  And the way that they pay for the extras in this bill are with taxes. 
We don't want to raise your taxes. And I know that we're spending a lot 
of money in Iraq, but it's easy for everybody to forget, over half the 
Democrats in the United States Senate voted to remove Saddam Hussein by 
force. Almost half the Democrats in the House voted to remove Saddam 
Hussein by force.

                              {time}  1415

  The President of the United States acknowledged just a week ago that 
he never should have said ``Mission Accomplished,'' and he shouldn't 
have because it's not. We've got a long way to go.
  This is the serious business of freedom, and it needs to be funded 
without all the extraneous stuff, and frankly, all the tricks 
associated with getting what they want in addition to what we need. And 
they're doing it with tax increases, and it's the wrong way. And I'm 
sorry, I'm not blaming anybody; we just need to do better.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Washington (Mr. McDermott).
  (Mr. McDERMOTT asked and was given permission to revise and extend 
his remarks.)
  Mr. McDERMOTT. Mr. Speaker, the economy has been one of the 
casualties of the Iraq war. And this administration has consistently 
refused to be interested in dealing with the problems of the 
unemployed.
  We tried to get this introduced when we had the stimulus package some 
months ago. The administration didn't want to do anything with the 
unemployed. Long-term unemployment in this country is up to 17.9 
percent. Now, you would think they would care, but they still aren't 
asking for it.
  They have never changed their tune from 1935. They never thought we 
should have unemployment insurance in the Social Security Act of 1935 
because they said if you give people unemployment insurance, they won't 
want to go to work, they will just want to sit home and get a check. 
That comes from people who have never been unemployed. That comes from 
people who don't know anybody who has ever been unemployed. It is 
simply nonsense.
  We need to put the money into the economy. We need to give it to the 
workers who have lost their jobs through no fault of their own. And 
this administration still sits there and says, no, we're not going to 
extend unemployment benefits.
  There are 26 weeks in here; 13 for everybody, and 13 weeks for those 
States that are over 6 percent.
  Mr. Speaker, the U.S. economy is one of the casualties of the Iraq 
war, and passing an extension of unemployment benefits is nothing less 
than battlefield triage for innocent American workers who have lost 
their jobs through no fault of their own.
  When I first introduced legislation several months ago to extend 
unemployment benefits, I had hoped the White House would declare a 
cease fire so that we could act quickly and on a bipartisan basis to 
help the American people and U.S. economy.
  Instead, months went by while the administration pretended the 
gathering economic storm was nothing to worry about. And matters just 
kept getting worse.
  Long-term unemployment--the percentage of unemployed workers who have 
not been able to find a job for at least 6 months--now stands at 17.8 
percent. That is something to worry about. And act on.
  My bipartisan unemployment extension bill will extend benefits in 
every State for an additional 13 weeks, and in States where the overall 
unemployment rate exceeds 6 percent, there is another 13-week 
extension.
  We are going to help the American people weather this storm. And at 
the same time, we're going to lessen the economic blow to the U.S. 
economy.
  We know people spend their unemployment benefits quickly, and we know 
a dollar in benefits yields $1.73 in positive economic impact as the 
money ripples through the economy.
  Governors, mayors, State legislators, economists, advocates for 
working families, and the faith community are all asking for this 
extension of unemployment benefits.
  Only those on the far right are opposed.
  They say that unemployment benefits keep people from going out and 
looking for a job, but they are both out of line and out of touch.
  Across America the average unemployment benefit is less than $300 a 
week--below the poverty-level for an American family.
  What we're doing today is throwing a lifeline to the American people. 
Enough damage has already been done to the U.S. economy because of all 
the money spent on the endless Iraq war.
  It's time for Congress to tend to the economic casualties at home.
  Vote for extending unemployment benefits because it is a vote for 
helping the American people.

                    National Governors Association,

                                      Washington, DC, May 1, 2008.
     Hon. Max Baucus,
     Chairman, Committee on Finance, U.S. Senate, Washington, DC.
     Hon. Charles Grassley,
     Ranking Member, Committee on Finance, U.S. Senate, 
         Washington, DC.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
     Hon. Jim McCrery,
     Ranking Member, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Chairman Baucus, Senator Grassley, Chairman Rangel and 
     Representative McCrery: On behalf of the nation's governors, 
     we write to express our support for an extension of 
     unemployment benefits and to request federal assistance for 
     states to serve a growing number of jobless individuals.
       In the last month, 36 states experienced an increase in the 
     unemployment rate. The national unemployment rate increased 
     to 5.1 percent in March 2008. Most notable, however, is the 
     significant number of individuals that are unemployed for 27 
     weeks or longer, thus exhausting all unemployment benefits. 
     Today, approximately 16.7 percent of jobless individuals are 
     experiencing long-term unemployment compared to approximately 
     11 percent at the beginning of the last recession.
       Beginning in 1935, a federal-state partnership was formed 
     to create an unemployment program that would provide a core 
     stabilizing function during economic downturns through short-
     term income support for jobless individuals, In prior 
     recessions including the economic downturn that began in 
     2001, Congress and the Administration utilized the program to 
     extend unemployment benefits to jobless individuals.
       At the same time, any proposal to extend unemployment 
     benefits must also address the reality that states need 
     additional resources to administer unemployment claims for a 
     larger number of individuals for a longer period of time. 
     This year alone, states may have to administer an average of 
     nearly 400,000 unemployment insurance claims without federal 
     funding. Federal support is needed by state employment and 
     workforce agencies to administer increased initial 
     unemployment claims, to support weekly unemployment benefits, 
     and to provide employment and training services.
       Given the current economic indicators and historical 
     precedent, governors believe it is prudent and appropriate 
     for Congress and the Administration to enact a temporary 
     federally funded extension of unemployment insurance benefits 
     and to provide a sufficient increase in funding for states to 
     assist jobless individuals during this period of economic 
     slowdown.
       We stand ready to work with you and thank you for your 
     leadership on this issue of national importance.
           Sincerely,
     Donald L. Carcieri,
       Governor, Chair, Education, Early Childhood and Workforce 
     Committee.
     Brad Henry,
       Governor, Vice Chair, Education, Early Childhood and 
     Workforce Committee.
                                  ____

                                               National Conference


                                        of State Legislatures,

                                      Washington, DC, May 7, 2008.
     Re Extension of unemployment compensation benefits.

     Hon. Nancy Pelosi,
     Speaker of the House, House of Representatives, U.S. Capitol, 
         Washington, DC.
     Hon. John Boehner,
     Minority Leader, House of Representatives, U.S. Capitol, 
         Washington, DC.
       Dear Speaker Pelosi and Representative Boehner: We are 
     writing to express the support of the National Conference of 
     State Legislatures (NCSL) for a temporary extension of 
     unemployment compensation benefits, with adequate funds 
     appropriated for state administrative functions.
       Since its inception during the Great Depression, the 
     unemployment compensation

[[Page H3947]]

     system has provided a temporary income support to workers who 
     lose their jobs. The counter-cyclical partnership between 
     states and the federal government was designed to accumulate 
     and hold significant funds in trust accounts during good 
     economic times and pay out benefits during bad economic times 
     and simultaneously stimulate a stagnant economy.
       State legislators are concerned that the percentage of 
     unemployed workers is rising and that state unemployment 
     insurance agencies have experienced reduced funding 
     appropriated by Congress in recent years. Nationally, 
     unemployment insurance claims levels and the exhaustion of 
     benefits rate have been on the rise and states are struggling 
     to respond with less federal administrative funding than 
     previous years, especially those states with high 
     unemployment rates.
       In the 2008 legislative session, at least one state had to 
     appropriate general funds to support the administration of 
     the program. These funds should have been appropriated by 
     Congress as part of the FY 2008 appropriations legislation 
     and/or through Reed Act distributions to meet the needs of 
     the program. Economic assumptions did not anticipate the 
     increases in unemployment claims that the Congressional 
     Budget Office now projects as a result of the current 
     economic slowdown.
       During the current Congress, several bills were introduced 
     (e.g., S 1871, LIR 2233, HR 3920, HR 5749) to extend benefits 
     or modernize state unemployment systems. We support efforts 
     by Congress to continue on the path to assist jobless 
     individuals during this time of economic downturn. However, 
     it is imperative that Congress continue to collaborate with 
     states to strengthen unemployment systems and enact 
     unemployment insurance legislation that would provide 
     adequate resources for administering the program and 
     supplement, not supplant, current state efforts.
       We appreciate your leadership and look forward to working 
     with you on this issue. Should you or your staff have any 
     questions about NCSL's position on this matter, please 
     contact Diana Hinton Noel.
            Sincerely,
     Phillip Frye,
       Representative, North Carolina; Chair, NCSL Labor and 
     Economic Development Committee.
     Steve Conway,
       Representative, Washington; immediate Past Chair, NCSL 
     Labor and Economic Development Committee.

  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to Mr. 
Kingston from Georgia.
  Mr. KINGSTON. Mr. Speaker, this is an important bill that we're 
debating today. In fact, it's a bill that has been kind of in the 
hopper, if you will, for months, and maybe even a year's time right 
now. This is a bill that the troops very badly need. And that's why 
it's odd to me that there are so many unrelated amendments to it.
  I understand that when the Democrats took over, their promise to the 
MoveOn.org fringe of their party was that we are going to get the 
troops out of Iraq. They have not delivered on that. And so what we 
have here is a little fig leaf debate on getting out of Iraq so that 
their Get Out of Iraq Caucus can have a political cover story so that 
when they go home over the Memorial Day recess, they can tell people, 
yeah, I voted to get out Iraq. But the truth is, there is no delivery 
here.
  That debate alone should be something that we do all day long. It 
should be at least a week's worth of our time, if not more, the debate 
on getting out of Iraq and imperiling troops in the way. But no, the 
Democrat Party will not give that to their group that wants the Get Out 
of Iraq Caucus. What they want is a little fig leaf amendment to a 
bill, which they know is going to pass and they're hoping that this is 
going to cover their politics. That is a sham, and that is a shame. I 
respect somebody who wants to get out of Iraq now, but they should have 
a debate on that on a freestanding bill. It should not be an amendment.
  Secondly, I want to point out the stuff which Mr. Culberson referred 
to as pork. Mr. Obey took exception to that. And I'd say this stuff 
isn't pork, but it isn't an emergency. It isn't stuff you put on the 
backs of our troops in the field.
  I don't know how much money we spent in New Orleans, I would like to 
know. I think we, as Republicans, spent too much. I think you guys, as 
Democrats, are spending too much. I understand there is $5.8 billion 
for levees in New Orleans. Now, Mr. Speaker, as I recall, that did not 
happen recently.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman an additional minute.
  Mr. KINGSTON. There is money in here for the census. And I learned in 
eighth grade geography we do a census every 10 years. Why should that 
be put on an emergency bill? We know that the end of the decade comes. 
That funding should be done on an appropriate freestanding manner.
  The Bureau of Prisons? Why are we passing that on the backs of 
soldiers? Contractor language. And I'm a former member of military 
construction and I represent four military installations. MILCON is 
very important to me. But why is it put on the back of a supplemental 
emergency bill? That is not what we do here. It should go through the 
regular appropriations process. It should go through a subcommittee. It 
should through a full committee before it comes to the House floor. It 
should not be an amendment that is put on a troop's bill.
  I think that if we look back in history at the way that we were 
sticking it to, if you will, the minority party when we were in the 
majority, I think you guys have a very good case for that. In fact, I 
respect Mr. Obey. I have a page full of quotes from him.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute to answer the 
gentleman's question.
  The gentleman wants to know why do we have money in this bill for the 
census? Simple. It's because the Secretary of Commerce asked us to put 
it in because they've had a huge technical screw-up in the Department 
of the Census. The last time I looked, the Secretary of Commerce was 
appointed by the President of the United States, Mr. George W. Bush.
  He wants to know why we have money in this bill for prisons. Simple. 
We've been told by the Bureau of Prisons--last time I looked, it's run 
by the Bush Administration--that if we didn't provide this money, 
because of cost overruns they're going to have to fire guards and lay 
off people in Federal prisons. Anybody interested in law and order I 
don't think is going to be happy about that.
  So it seems to me it is responsible to respond to emergencies on both 
the domestic side and on the international side.
  I'm sorry that the gentleman doesn't seem to be aware of the fact 
that we have, in writing, requests from both of those agencies, but 
that happens to be the fact. And that's the answer.
  Mr. LEWIS of California. Mr. Speaker, in the interest of keeping this 
wonderful dialogue going on, I yield the gentleman from Georgia 1 
additional minute.
  Mr. KINGSTON. I'm touched with the bipartisan support of the Democrat 
Party that suddenly when the Bush administration asks for something, 
it's like that, they get it. I'm really impressed with that.
  Did you get a formal letter from OMB on the census? Because we 
haven't seen it on the minority side.
  Mr. OBEY. We got requests in writing from the agencies.
  Mr. KINGSTON. Well, we haven't seen it from OMB on our side, so I 
just want to point that out.
  Mr. OBEY. They testified before the committees. I don't know if you 
were there or not, but they testified.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded to address their 
remarks to the Chair.
  Mr. KINGSTON. Mr. Speaker, what I would say is that these things may 
or may not be legitimate expenditures, but if they went through a 
subcommittee and a full committee and they're on a freestanding piece 
of legislation, that is the proper process of Congress. And when the 
Democrat Party was in the minority, the distinguished chairman of the 
Appropriations Committee was one of the biggest proponents of regular 
order. What we are asking for is regular order. I agree, we did it 
wrong, but you don't have to repeat that.
  Mr. OBEY. I yield myself 10 seconds.
  Once again, when they can't argue about the substance, they whine 
about process. That's not going to impress very many people. It 
certainly didn't in Mississippi yesterday.
  With that, I would like to yield 1 minute to the distinguished 
Speaker of

[[Page H3948]]

the House, the gentlewoman from California.
  Ms. PELOSI. I thank the gentleman for yielding. And I want to commend 
you, Chairman Obey, and Mr. Murtha, for your tireless work on behalf of 
our men and women in uniform, and for bringing this critical 
legislation to the floor today. I am particularly interested in part 
two and three of the resolution.
  We're all grateful for the fact that this will be the last time we 
will vote on an Iraq supplemental in the House of Representatives. 
Again, I thank the chairman and the chairman for their important work 
in this regard.
  When the House completes its work today, we will have achieved three 
goals. First, we will have set a new direction in Iraq that will end 
this sad chapter in American history and bring our brave men and women 
home. That is necessary because President Bush, in his request to the 
Congress, insists on his failed course of action in Iraq, failed from 
day one; day one, when they went in and thought the war would end in 
one day.
  They're asking us to trust the same impaired judgment that took us 
into this war on a false premise, without the proper training and 
equipment for our troops, without a strategy for success or an exit 
strategy from Iraq.
  Isn't it sad that here we are, over 5 years later, over 4,000 of our 
precious treasure have died, tens of thousands of our men and women in 
uniform have been wounded, many of them permanently. Our reputation in 
the world has been greatly diminished, harming our ability to stop the 
proliferation of weapons of mass destruction and eradicate disease and 
alleviate poverty, and all of the other leadership roles we have played 
in the past. It has come at a tremendous cost in dollars to American 
taxpayers, trillions of dollars, which have taken us deeply into debt, 
which has taken us into recession. More on that later. But think of the 
opportunity cost of that money, what we could have done to invest in 
education and health care. We will pay any price any time to protect 
the American people, but not to follow the whim of the impaired 
judgment of this Bush administration.
  Only when we finally end this war can we rebuild our military. And 
that is another cost of this war, diminishing the capacity of our 
military to meet challenges and threats to our security wherever they 
may occur. When we do that, we will be able to refocus our attention on 
the real war on terror.
  So this action that we are proposing today, a new direction in Iraq 
that will end the war, will rebuild our military, refocus on the real 
war on terror, and restore our reputation in the world. That is why 
this legislation directs that a redeployment begin within 30 days of 
this bill's enactment, and with the goal of being completed by December 
2009, be completed by then. The new President will have the flexibility 
to bring our troops home safely, honorably, responsibly, and soon.
  Essential to restoring our reputation in the world is to regain our 
moral authority, which has been lost in this war. That is why under the 
conditions of this legislation torture is banned. Thank you, Mr. 
Murtha, for your leadership on this subject. This condition has passed 
this House overwhelmingly in the defense appropriation bill.
  It will also ban permanent bases in Iraq. This condition has passed 
this House overwhelmingly on any number of occasions, over 300 votes. 
Insist that the Iraqis pay their fair share for reconstruction. This is 
a relatively new condition, but a necessary one predicated on the fact 
that the Iraqis are amassing a budget surplus while we're going deeply 
in debt to pay for their reconstruction. We're saying if we put up a 
dollar, you put up a dollar, dollar for dollar to participate in their 
reconstruction. They have to be at least as interested in rebuilding 
Iraq as we are, especially when we are doing it to the neglect of our 
own reconstruction needs in the United States.
  This legislation will also ensure that our military pays only its 
fair share for fuel. Do you know that in Iraq, we pay almost 2\1/2\ 
times as much for gasoline, our military does, than the Iraqi people 
do? The Iraqi Government subsidizes the Iraqi people and makes our 
military pay more than double. And that's a new condition.
  The conditions here calling for the cleaning up of waste, fraud and 
abuse in Iraq and reviewing of contracting passed by suspension. Over 
two-thirds of the House voted for this legislation that is contained in 
this condition. And require that any agreements with Iraq that commit 
U.S. forces for the protection of the Iraqi Government from an external 
force or from a civil war internally must be approved by the Congress 
of the United States.
  Under the guise of a Status of Forces Agreement, the administration 
is committing the United States to a treaty without congressional 
approval. I remind the President of article I. Read the Constitution, 
Mr. President.
  I believe that these provisions should receive bipartisan support. 
They have every time they have come to the floor. The only two new ones 
are about the cost of fuel and the dollar for dollar.
  What we will also accomplish in this bill is to honor our 
responsibility to our men and women in uniform. I have been to the 
theater, to the war area, five or six times in the course of this 
military action, sometimes with Mr. Murtha, with Mr. Skelton, with Mr. 
Lantos, with our committee Chairs of jurisdiction.

                              {time}  1430

  And when we meet the young people there, they always say the same 
thing: ``What is going to happen to me when I go home?'' ``What is 
going to happen to me when I go home?''
  Some of the soldiers were telling me about their lives at home, and 
one of them was very quiet, and I said to him, ``What did you do before 
you came to Iraq?''
  He said, ``I was in high school, ma'am.'' He was in high school. He 
was a teenager with a gun over his shoulder. If that's necessary for 
our country's security, it has to happen. But this young man, a 
teenager, fighting that fight without any thought about what was going 
to happen to him when he came home.
  Well, what we would like to say in the final amendment here is that 
when you come home, young man, we will thank you for your service to 
our country by sending you to college. That's what the student veterans 
have asked us for. That is what we have done for veterans in the past. 
That is what we owe these young people now. And in doing so, we will be 
doing a great thing not only for them but for our country because their 
education will be part of the economic recovery of our country. In the 
security of our country, they have led the way. In the economic 
recovery of our country, they will be in the lead.
  Third in this bill, we will begin to address America's domestic 
priorities. We will address the deep economic pain facing many 
families. As I mentioned, this war, President Bush's war, which is 
enabled by the complicity of the Republicans in Congress, has taken us 
deeply into debt, which has taken us deeply into recession, and now has 
taken our economy to a place where we have record numbers of people 
unemployed. Today 7.6 million people are unemployed. Of these, 1.4 
million Americans, jobless Americans, have been looking for work for 
over 6 months. And our economy has lost 260,000 jobs this year so far 
alone. These people need our help as they continue to seek work in this 
difficult economy.
  Thank you, Mr. Obey, for including the unemployment insurance for 
America's workers in this legislation.
  The contrast, I believe, Mr. Speaker, is clear. President Bush and 
the Republicans in Congress insist on a war without end in Iraq. 
Democrats, Independents, and Republicans across the country, but, 
sadly, too few Republicans in this House, are insisting on a New 
Direction. A New Direction that strengthens America's military by 
ending the war in Iraq. A New Direction that strengthens America's 
economy by investing in our veterans and our workers here at home.
  We have said over and over again that one way to support our troops 
is to build a future worthy of their sacrifice. We can begin building 
that future worthy of their sacrifice by saying ``thank you'' to them 
and, when they come home, to send them to college.
  I urge my colleagues to support the second and the third amendments 
that are being presented today. And in closing, I want to, as always, 
salute our men and women in uniform for their service, their sacrifice, 
their courage,

[[Page H3949]]

their patriotism, and with our commitment, again, to build a future 
worthy of their sacrifice.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
Republican Policy chairman, the gentleman from Michigan (Mr. McCotter).
  Mr. McCOTTER. Mr. Speaker, we find ourselves today as a minority 
party watching a very perplexing bill come towards us. It's perplexing 
in the sense that we watch a majority party which has promised America 
to end the war, which many of us, I think, rightly view and the world 
will view as an American defeat because it has failed and cannot be 
changed to the point where America can win. We've also watched a 
majority party tell us that the spending on the Iraq war has destroyed 
the American economy. We can differ on that but that is their position. 
And we now watch the Democratic Party bring forward a bill that will 
fund a failed war and will evidently, by their logic, further decimate 
the American economy.
  Now how does one come to the conclusion that this is a necessary step 
for said party? Well, you have discretionary spending added into it. 
Now, I would argue that a fine piece of legislation has been attached 
to this bill, which was introduced by the gentleman from Washington, to 
help people who are unemployed. Thanks to the policies of my State 
legislature, which has raised taxes and helped drive business out of 
Michigan, we have seen that people need unemployment insurance to get 
themselves through difficult times in the hopes they can find 
employment.
  Which brings me to the next problem with this, which is in an attempt 
to help veterans, we are raising taxes on small business income. Eighty 
percent of the income that will be taxed comes from small business. So 
now what we have is an attempt to show that we can fund a war that we 
believe has failed with money that has decimated the American economy 
by going overseas; yet we will try to help the unemployed, who will 
further suffer from this, and we will try to help veterans who come 
back from that war by making sure that there are no jobs here waiting 
for them.
  Again, it is a very perplexing bill. I would suggest to the gentleman 
who earlier suggested there was nothing Congress could do to end this 
war to rethink the position.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman 1 additional minute.
  Mr. McCOTTER. Congress still holds the power of the purse. If the war 
is not funded, the war cannot continue. That's perhaps a position I 
disagree with, but it is a factual matter. If you are serious about 
this, you would do that.
  Or you would have a straightforward vote on funding the troops to 
ensure that we continue to move forward and that America is not 
defeated in Iraq. You would have dealt with the McDermott bill and sent 
it to the President despite his veto threat because he has also 
threatened to veto this legislation. There would be much Republican 
support for this. And then you would deal with the veterans in the way 
they should be.
  Now many friends of mine are Blue Dogs. You were not questioned on 
your patriotism when you determined that this money for veterans had to 
be offset. No one said you cared more about big government than 
veterans. I would suggest that those of us who want to make sure our 
economy recovers and do not want to tax it into submission and 
decimation should not have any patriotism questioned about supporting 
veterans by opposing tax increases and instead looking for cuts in 
Federal pork to pay for it.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Georgia (Mr. Johnson).
  Mr. JOHNSON of Georgia. Mr. Speaker, I urge my colleagues to reject 
the President's demand for war money and to instead support an 
amendment that will force the redeployment of our troops from Iraq and 
to fully fund the benefits that our veterans deserve.
  A half decade after ``Mission Accomplished,'' the President is asking 
once again for $160 billion to fund a war that cannot be won 
militarily. But, Mr. Speaker, it's past time to look this President in 
the eye and say, ``Read my lips: No.''
  Our military is superb, but it cannot impose peace in a country 
plagued by sectarian violence. Peace will not come to Iraq until Iraqis 
stop killing each other.
  Nevertheless, the President's followers demand hundreds of billions 
more for combat operations while they insist on blocking a relatively 
small appropriation for our veterans. This is an outrage, and we owe 
our servicewomen and men the best. The years of neglecting their safety 
and well-being must come to an end.
  Mr. Speaker, I urge my colleagues to join me in rejecting funds for 
war, in requiring withdrawal from Iraq, and in providing the education 
and health care benefits our veterans deserve.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from Kentucky (Mr. Rogers).
  (Mr. ROGERS of Kentucky asked and was given permission to revise and 
extend his remarks.)
  Mr. ROGERS of Kentucky. I thank the gentleman for yielding.
  Mr. Speaker, we're dealing here with a bill that until today has 
never seen the light of day. This bill was concocted in the back room 
of the Speaker. We were not allowed to have input on it. We have not 
been allowed to have amendments. Jack Murtha's subcommittee on national 
defense was not allowed to have a hearing on this or discuss it with 
his subcommittee members. No subcommittee on appropriations was allowed 
to have a hearing and debate the issues.
  Mr. MURTHA. Will the gentleman yield?
  Mr. ROGERS of Kentucky. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. We did have a meeting, and I explained the part of our 
bill to the subcommittee, and we had no dissension at all. We had a lot 
of suggestions. We spent a long time on the bill. We spent at least an 
hour, much more time than we usually spend on a bill.
  Mr. ROGERS of Kentucky. You say you met with the subcommittee and 
informed them about what's in the bill that the Speaker wrote? I agree 
with that.
  Mr. MURTHA. Absolutely.
  Mr. ROGERS of Kentucky. That's what I'm saying.
  Mr. MURTHA. Okay.
  Mr. ROGERS of Kentucky. And the full chairman of the committee did 
the same thing. He didn't draft this bill. This bill was given to him. 
And the Members of the minority have had no say in what's in this bill.
  The people of this country deserve to have their representatives in 
Congress have a say-so in what comes before the House and what's 
debated on the House floor, and we have not been given that.
  This is a dictatorship here. This bill has not seen the light of day. 
It has not been the subject of amendments. We have not been allowed to 
ask questions. We didn't know what was in it until yesterday, a bill 
this thick.
  So the process here is flawed. And it's the first time that I 
recollect in my 28 years here of a bill coming to the floor, an 
appropriations bill, without the minority's having a say-so unless they 
had agreed to it. This is a new procedure we are having here.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman 1 additional minute.
  Mr. ROGERS of Kentucky. That's objection number one. We did not have 
a chance to have a say-so on this bill. The American people have been 
shut out of a discussion of what's in this bill, until today.
  Number two, this bill is loaded down with matters that are not 
related to helping the brave men and women on the battlefield on the 
other side.
  Now, there are all sorts of amendments that you're hearing today that 
will be offered, one of which contains a lot of spending and a lot of 
spending that's not related to helping the troops overseas.
  And so I am disappointed. I'm disappointed in the fact that the 
Appropriations Committee was bypassed, therefore the people were denied 
a voice, and this bill brought directly to the floor without ever 
having had a single day of hearings in the subcommittees and the full 
committee.
  I urge a ``no'' vote.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Florida (Mr. Boyd).

[[Page H3950]]

  Mr. BOYD of Florida. I thank the gentleman from Wisconsin for 
yielding.
  Mr. Speaker, ladies and gentlemen, the last GI Bill was written after 
World War II, and 64 years later we're passing a new expanded GI Bill 
that will provide important education benefits for our veterans. Simply 
put, ladies and gentlemen, it's the right thing to do.
  In the wars in Iraq and Afghanistan, our guardsmen and our reservists 
have been used and deployed by our Commander in Chief at a level that 
we haven't seen since World War II. Many of these guardsmen and 
reservists were in a career profession before these wars, and many will 
come home unable to continue that career profession because of physical 
or mental injuries sustained during their service in that war.
  This GI Bill will restore the promise of a full 4-year education for 
our benefits, 60 years since the last one was written, and make the 
veterans of Iraq and Afghanistan part of the American economic recovery 
efforts just as the veterans of World War II were.
  I want to thank the Speaker and the House leadership for bringing 
this bill to the floor.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. OBEY. I yield the gentleman 1 additional minute.
  Mr. BOYD of Florida. Mr. Speaker, this bill was brought to the floor 
in a fiscally responsible manner. By fully funding this GI Bill for the 
next 10 years and paying for it up front, we have made this legislation 
better for our veterans and better for the American people.
  We are asking those who benefit the most from living in a strong 
country to pay to take care of those who risk their lives to defend it 
instead of borrowing the money from China or bucking the costs to our 
children and grandchildren.
  Supporting this bill is the right thing to do. And I want to thank 
Chairman Obey and Chairman Murtha for also including the Iraq loan 
provisions which will require the Iraqis to pay for the security 
training of their own people and the reconstruction efforts.

                              {time}  1445

  Mr. LEWIS of California. I reserve the balance of my time.
  Mr. OBEY. Could I inquire of the gentleman from California how many 
speakers he has remaining.
  Mr. LEWIS of California. As of this moment, we have one additional 
speaker. I may take 10 seconds to close or something like that.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Pennsylvania (Mr. Patrick J. Murphy).
  Mr. PATRICK J. MURPHY of Pennsylvania. Thank you, Chairman Obey and 
Chairman Murtha.
  As a solemn and distinguished body, we again stand ready to break 
with President Bush and demand change in Iraq. And again, we have a 
chance to do what is right after years of pursuing the wrong strategy, 
a misguided strategy, that I saw firsthand and a battle my fellow 
paratroopers are still fighting today.
  Today, we can come together to do what is right. Today, we can change 
direction in Iraq, refocus on al Qaeda in Afghanistan and give our 
troops the GI Bill that they have earned.
  The question before us is clear: Do we proceed in a bipartisan way 
with the support of military experts and American families? Or do we 
continue to allow more political posturing and more of the same while 
American troops are stuck refereeing a religious civil war?
  That is the choice we all must make. And to those who stand in the 
way of change and accountability in Iraq, the American people are 
paying attention.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman 30 additional seconds.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Speaker, I am proud to 
stand with those who want a change. I am proud to fight for 
accountability in our foreign policy and proud to fight until our brave 
veterans get the benefits that they deserve.
  A year ago, I called on my colleagues from both sides of the aisle to 
stand ready for change. I renew that same call today. Neither our 
troops nor our veterans can wait for us to change our foreign policy in 
Iraq, not until next year's sixth anniversary, or the seventh 
anniversary, or the tenth.
  Mr. LEWIS of California. I reserve the balance of my time.
  Mr. OBEY. I yield 1 minute to the distinguished gentlewoman from 
Texas.
  Ms. JACKSON-LEE of Texas. I thank the distinguished gentleman.
  I rise in opposition to one more dollar being spent on the war in 
Iraq but many, many dollars spent on the brave men and women. I thank 
the leadership and I thank this committee for allowing us to spend 
dollars because of a responsibility to our troops with the GI Bill.
  I also offer to my constituents, but also to this body, that we have 
an emergency, as well, with our summer jobs program. And I hope that we 
will find a way to fund a summer jobs program for our youth.
  Let me say that there is not a tax burden in this bill, and I thank 
our leadership for understanding PAYGO. This is nothing more than an 
opportunity for those who make over $1 million to experience the 
burden, if you will, of the sacrifice this Nation is making on behalf 
of our troops. The moneys that are expended, only $500 for those making 
over $1 million and more, will be given to our troops with the GI Bill 
of Rights.
  Where do we stand? I stand with the flag on behalf of the American 
troops. This is a great bill. Vote against the funding for the war and 
vote for the redeployment of our troops, a better domestic plan, and 
yes, an opportunity to pass the GI Bill of Rights, the GI Bill for our 
young men and women.
  Mr. Speaker, I rise today in opposition to the continued funding of 
the Iraq war. While I offer my support for Amendments No. 2 and No. 3, 
I must oppose amendment No. 1. While amendments 2 and 3 contain 
provisions beneficial to the American people, designed to improve our 
economy and protect our young men and women, amendment 1 continues a 
disastrous policy of providing unrestricted funding to continue the 
Bush administration's war in Iraq.
  Last night, I offered three amendments to this legislation in the 
rules committee. My first amendment would have added three sense of 
Congress paragraphs: ``(1) The war in Iraq should end as safely and 
quickly as possible and our troops should be brought home; (2) the 
performance of United States military personnel in Iraq and Afghanistan 
should be commended, their courage and sacrifice have been exceptional, 
and when they come home, their service should be recognized 
appropriately, including through the observance of a national day of 
celebration; and (3) the primary purpose of funds made available by 
this Act should be to transition the mission of United States Armed 
Forces in Iraq and undertake their redeployment, and not to extend or 
prolong the war.''
  This amendment is borne from my deeply held belief that we must 
commend our military for their exemplary performance and success in 
Iraq. As lawmakers continue to debate U.S. policy in Iraq, our heroic 
young men and women continue to willingly sacrifice life and limb on 
the battlefield. Our troops in Iraq did everything we asked them to do. 
We sent them overseas to fight an army; they are now caught in the 
midst of an insurgent civil war and continuing political upheaval. The 
United States will not and should not permanently prop up the Iraqi 
government and military. U.S. military involvement in Iraq will come to 
an end, and, when U.S. forces leave, the responsibility for securing 
their nation will fall to Iraqis themselves. However, whether or not my 
colleagues agree that the time has come to withdraw our American forces 
from Iraq, I believe that all of us in Congress should be of one accord 
that our troops deserve our sincere thanks and congratulations.
  I very strongly believe that our Nation has a moral obligation to 
ensure that our veterans are treated with the respect and dignity that 
they deserve. One reason we are the greatest Nation in the world is 
because of the brave young men and women fighting for us in Iraq and 
Afghanistan. They deserve honor, they deserve dignity, and they deserve 
to know that a grateful Nation cares about them.
  The second amendment that I offered explicitly states that the goals 
laid out by the Authorization for Use of Military Force Against Iraq 
Resolution of 2002, AUMF, have all been achieved by our troops in Iraq.
  As my amendment describes, the brave men and women of our military 
have done everything we asked them to do. The United States Armed 
Forces successfully toppled the regime of Saddam Hussein and captured 
the key cities of Iraq in only 21 days. Because of the skill and 
dedication of the members of the Armed Forces, the entire world has now 
been assured that Iraq does not possess weapons

[[Page H3951]]

of mass destruction that could threaten the United States or any member 
nation of the international community. The Armed Forces performed 
magnificently in conducting military operations designed to ensure that 
the people of Iraq would enjoy the benefits of a democratically-elected 
government governing a country that is capable of sustaining itself 
economically and politically and defending itself militarily. In June 
2004, the Armed Forces facilitated the transfer of sovereignty from the 
Coalition Provisional Authority to the interim Government of Iraq, 
which governed Iraq until December 2005 when national elections were 
held in which more than 8 million Iraqi men and women voted in 
elections that were free and fair.
  While our troops have achieved the objectives for which they were 
sent to Iraq, they are now caught in the midst of a sectarian conflict. 
Unfortunately, there is no military solution to Iraq's ongoing 
political and sectarian conflicts. This is a war without end. Though 
President Bush continues to rely on a strategy that seeks to stabilize 
and reconcile Iraq by force, only the Iraqi government can secure a 
lasting peace. Thus far, the Iraqi government has demonstrated an 
inability or an unwillingness to deliver on the political benchmarks 
that they themselves agreed were essential to achieving national 
reconciliation, which was the rationale and stated objective of the 
recent troop surge. Continuing to put the lives of our soldiers and our 
national treasury in the hands of what by most informed accounts--even 
by members of the Bush Administration--is an ineffective central Iraqi 
government is irresponsible and contrary to the wishes of the 
overwhelming majority of the American people.
  The third amendment that I offered would provide funds for summer 
youth employment and training activities under the Workforce Investment 
Act. Unfortunately, many of our youth have to help out their families 
in these troubling economic times. Many of the youth who could obtain 
skills and training in their summer jobs state that they would either 
be sitting around watching television or getting into trouble if they 
were not in their communities working.
  For more than 30 years, beginning in the 1960s, the Federal 
Government saw the enormous benefit of providing summer jobs to 
millions of disadvantaged youth across America. But since 2000, the 
Summer Youth Employment and Training Program, SYETP, has lost its 
direct funding, and is now effectively buried among 10 competing 
programs within the Workforce Investment Act, WIA. With unemployment 
soaring and the summer heat approaching, there is an urgent need to 
bring back summer jobs for youth. We need to be cognizant of the fact 
that many families count on their children working during the summer to 
raise money for college.
  Families are facing a foreclosure crisis, the rising cost of gas, and 
health care; this amendment provides more money for workforce 
preparedness among our youth. When we invest in our youth and foster a 
sense of responsibility it will last a lifetime, aiding not only them, 
but their families, and our communities. This amendment would give our 
youth the skills and training they need to enter the workforce, and the 
money they and their families need to make it in these tough economic 
times.
  However, the legislation we are considering today contains many 
important provisions, but, unfortunately, the first amendment continues 
funding for a war that I strongly oppose. I oppose amendment No. 1 
because I stand with the American taxpayers who have paid over $600 
billion to finance the misadventure in Iraq. I stand with the 4076 
fallen heroes who stand even taller in death because they gave the last 
full measure of devotion to their country. Last May, I was proud to 
vote for H.R. 1591, a supplemental spending bill that would have 
provided funds for our troops in Iraq and Afghanistan, which included a 
timetable for the redeployment of U.S. troops. Though this bill passed 
the House by a clear majority, the President opted to veto this 
legislation.
  Mr. Speaker, I must oppose Amendment No. 1. This amendment provides a 
total of $162.9 billion for the Department of Defense for FY 2008 and 
FY 2009, funds that are handed over without any strings. The amendment 
does not withhold funding for the Iraq war, a war that so many of my 
colleagues in Congress oppose, and which only 32 percent of Americans 
now support. The amendment does not require that war funds can only be 
used for the responsible redeployment of American troops home from 
Iraq.
  Mr. Speaker, I voted against the 2002 Iraq War Resolution. I am proud 
of that vote. I have consistently voted against the Administration's 
practice of submitting a request for war funding through an emergency 
supplemental rather than the regular appropriations process which would 
subject the funding request to more rigorous scrutiny and require it to 
be balanced against other pressing national priorities. I cannot 
support legislation that provides the President with the resources to 
prolong his ill-advised war effort unrestrained.
  I rise today in strong support of Amendment No. 2. This amendment 
lays out a responsible U.S. policy toward Iraq, requiring that troops 
begin redeployment from Iraq within 30 days, with a goal of completing 
the withdrawal of combat troops by December 2009. As a Member of both 
the Out of Iraq and the Progressive Caucuses, I am proud to vote for 
legislation that, like other measures passed by this Congress, begins 
the process of withdrawing U.S. men and women from Iraq.

  In addition, Mr. Speaker, this legislation specifically requires that 
any agreement between the United States and the Government of Iraq 
committing future U.S. forces must be specifically authorized by 
Congress. The governments of Iraq and the United States announced their 
intention to forge a strategic framework agreement, a long-term, 
bilateral pact, to be completed by July 31, 2008. This negotiated 
agreement is to be based on the Declaration of Principles for a Long-
Term Relationship of Cooperation and Friendship Between the Republic of 
Iraq and the United States of America, signed November 26, 2007, by 
Iraqi Prime Minister Nuri al-Maliki and President Bush.
  Under the Declaration of Principles, the parties will negotiate a 
security agreement, under which the United States will support the 
Iraqi government and Security Forces in providing security and 
stability and fighting al-Qaeda and other terrorist groups. The 
Declaration of Principles envisions an agreement setting forth a wide-
ranging set of commitments, which will cover issues including politics, 
economics, and security. In hearings before the Committee on Foreign 
Affairs, administration officials have indicated that the President 
intends to negotiate this agreement as an executive agreement, not 
subject to Congressional approval. It is essential that any agreement 
which commits future U.S. troops to the defense of Iraq is outside the 
purview of existing authorizations, and such an agreement must be 
submitted to the Congress for approval. This legislation also prohibits 
the establishment of permanent bases in Iraq.
  Mr. Speaker, amendment No. 2 requires that the Iraqi government step 
up and pay its share of Iraqi reconstruction efforts. I am concerned 
that the United States has paid and continues to pay a disproportionate 
amount for Iraq reconstruction, especially when the Iraqi government 
reportedly has a $25-30 billion budget surplus this year. To date the 
United States has appropriated more than $45 billion for Iraq 
reconstruction.
  American funded reconstruction programs have included: the training 
and equipping of Iraqi security forces.
  Iraq is a resource-rich nation. Though still facing problems 
including a lack of technology, damage from previous mismanagement, the 
effects of looting, and water intrusion, Iraqi oil production is 
currently at around 2 million barrels per day. The price of oil has 
skyrocketed to over $100 a barrel and Iraqi oil exports are generating 
an estimated $56.4 billion this year alone, according to the GAO, yet 
it is U.S. taxpayers who continue to foot the bill for Iraqi 
reconstruction. The government of Iraq is stashing its money in global 
banks, including a reported $30 billion in the U.S., instead of 
investing this money in the development of crucial Iraqi 
infrastructure. This legislation requires the Iraqi government to take 
responsibility for the future of its own nation.
  There are a number of other key provisions in this amendment. It 
requires the President to reach an agreement with Iraq to subsidize 
fuel costs for U.S. Armed Forces operating in Iraq so that our military 
pays what Iraqis pay. It requires that troop's meet the Pentagon's 
definition of combat ready before they are deployed to Iraq; Prohibits 
troops from being deployed longer than Pentagon guidelines recommend; 
and requires that troops spend adequate time at home between 
deployments. This legislation makes substantial strides toward cleaning 
up contracting in Iraq, expanding current law to make all contractors 
working in war zones subject to prosecution for offenses that would 
otherwise be in violation of U.S. law; extending the statute of 
limitations for fraud cases during wartime; and amending the federal 
criminal code to prohibit profiteering and fraud involving contractors 
overseas. In addition, it prohibits interrogation techniques not 
authorized in the Army Field Manual, a provision necessary in 
eliminating torture.


                            Amendment No. 3

  Mr. Speaker, the third amendment to H.R. 2642 provides over $21.2 
billion for much needed domestic programs and foreign aid. By extending 
unemployment benefits, expanded veterans' education benefits, and 
placing a moratorium on the Bush Administrations' seven Medicaid 
regulations; this amendment gets us closer to where the Economic 
Stimulus package should have taken us.
  This amendment will provide increased funds for food aid, military 
hospitals, and the reconstruction of the Louisiana levees.


                         International Food Aid

  As many of you know, we are facing an international food crisis. 
According to the International Monetary Fund, IMF, global food

[[Page H3952]]

prices have increased an average of 43 percent. In fact since March 
2007, wheat has increased by 146 percent, soybean has increased by 71 
percent, corn by 41 percent, and rice prices have increased by 29 
percent, according to the U.S. Department of Agriculture.
  Many factors have played into this crisis. In China, India, and other 
emerging markets experiencing rapid economic growth, consumers are 
increasing their demand for food, oil, and energy supplies. Rising 
energy costs have directly raised the cost of agricultural production. 
Adverse weather-related events have lowered crop yields, particularly 
affecting wheat harvests. Depreciation of the U.S. dollar accounts for 
part of the increase in U.S. food prices, while increased production of 
biofuel has raised the price of corn.
  Sadly, approximately 1 billion people--or one sixth of the world's 
population--subsist on less than $1 per day. Of this population, 162 
million survive on less than $0.50 per day. Overall, increased food 
prices particularly affect developing countries, and the poorest people 
within those countries, where populations spend a larger proportional 
share of income on basic food commodities.
  That is why I, along with other Hunger Caucus members, hosted a forum 
on the Food Crisis and what it is doing to our children. We met with 
leaders of the international aid community to come up with pragmatic 
solutions to the global hunger crisis, both in the short term and the 
long term.
  In my district I submitted an appropriations request for the Houston 
Food Bank to expand their collection and distribution of food to the 
good people of Houston. We each have to do our part, not only in our 
district by supporting much needed programs and organizations, but 
across this great Nation and the rest of the world.
  This amendment would give $9.9 billion, $496 million above the 
President's request, for the State Department, USAID and International 
Food Assistance. It is simply unacceptable in this day and age that 
children are going hungry. We have millions of dollars to bail out Bear 
Stearns, let's find that same money to help our families and our 
children.


              Expanded GI Benefits for Veterans Education

  As champion for veterans, I am especially pleased to see the 
expansion of education benefits to veterans under the GI bill.


                   Extended Unemployment Compensation

  The number of Americans looking for work has grown by 800,000 over 
the last year, and the number of American jobs has declined by 260,000 
since the beginning of 2008. This supplemental would extend 
unemployment benefits for workers who have exhausted their benefits by 
up to 13 weeks in every State as well as an additional 13 weeks in 
States with high unemployment.


       Protecting the Medicaid Safety Net Act of 2008 (H.R. 5613)

  The Bush Administration sought to cut services and payments to 
American families by adding seven different Medicaid regulations to the 
stimulus. This amendment places a much needed moratorium on those 
regulations, giving back to our seniors, families, and those with 
disabilities as well as cut payments to safety net providers.


                           Refugee Assistance

  $675 million, $454 million above the President's request, to address 
the refugee crisis in Iraq and elsewhere.


                                 Merida

  This amendment would give $461.5 million, $88.5 million below the 
President's request, for the initiative to provide counternarcotics and 
law enforcement assistance in Mexico, $400 million, and Central 
America, $61.5 million.


                         Military Construction

  The $4.6 billion for military construction, $2.2 billion over the 
President's request, including $939 million for BRAC, over $210 million 
for the military child care centers that the President announced in the 
State of the Union but never funded, and $992 million for military 
hospitals, to prevent the types of problems that faced Walter Reed.


                           Bureau of Prisons

  This $178 million urgently needed to meet rising incarceration costs 
and growing inmate population. The administration would have paid for 
these costs with cuts to State and local law enforcement funding.


            Cleaning up Contracting (H.R. 3928 & H.R. 5712)

  Increases accountability and transparency in federal contracting by 
requiring companies that receive more than 80 percent of their revenue 
from the federal government to disclose the names and salaries of their 
top officers, and requires federal contractors to report violations of 
federal criminal law and over-payments on contracts over $5 million.
  Mr. LEWIS of California. Mr. Speaker, I recognize the minority leader 
of the Republican side of the aisle, my colleague, John Boehner, for 1 
minute.
  Mr. OBEY. I want to make sure the gentleman's rights are protected. 
You indicated to me that you wanted the minority leader to close debate 
on your side?
  Mr. LEWIS of California. No. I indicated I was recognizing him for 1 
minute. I may have a few seconds myself at the end.
  Mr. BOEHNER. Let me thank my colleague for yielding and ask my 
colleagues what is it that we are doing here? We got 1 week before we 
break for the Memorial Day recess. Admiral Mullen, Chairman of the 
Joint Chiefs, has said we have to have the funding for our troops in 
Iraq and Afghanistan.
  We know that come early June, layoff notices go out to contract 
employees who work at the Pentagon. Why? Because we can't seem to get 
this bill finished. And why can't we get it finished? Because we have a 
bill in front of us that has all types of unrelated spending beyond 
what is needed to fund our troops.
  The gentleman from California (Mr. Lewis) earlier this week, 
introduced a clean troop funding bill, a bill that the President called 
for with the changes that were made up here to make sure that we got 
funding to the troops as quickly as possible. That is the bill that 
ought to be on the floor today, not a bill that handcuffs our generals, 
starves our troops and puts them in a position where they can't succeed 
in their mission in Iraq and Afghanistan.
  The bill also includes a $54 billion tax hike on small businesses 
around the country. And if there is a time when we don't need to be 
raising taxes on small businesses, it is now. They are the engine of 
new job growth in our country. And what are we going to do? We are 
going to put more taxes on them.
  I think that what we are doing here is that we are playing political 
games on the backs of our troops. You know it. All this bill is going 
to do is delay the process for weeks and weeks and weeks while we play 
political games because you know the President is not going to sign 
this bill.
  Why don't we move Mr. Lewis' bill? We can do it today. We can do it 
early next week. It is a clean troop funding bill that takes care of 
our troops and honors them on the eve of Memorial Day instead of 
playing political games on their backs.
  Mr. OBEY. How many speakers does the gentleman have remaining?
  Mr. LEWIS of California. I will just have a few seconds. I will 
reserve the balance of my time.
  Mr. OBEY. I'm sorry. I couldn't hear you.
  Mr. LEWIS of California. I will have a few seconds, but at the end of 
it, if you are at the end.
  Mr. OBEY. I guess by default I am the last remaining speaker. The 
majority leader is otherwise occupied and so I would ask the gentleman 
to proceed.
  Mr. LEWIS of California. With that, Mr. Speaker, I have enjoyed in 
many ways this discussion today. But most particularly, I have enjoyed 
having a chance to review the comments, sometimes even the lectures, of 
my colleague, the chairman of the committee, over the years. It wasn't 
that long ago that I had the chance to be the chairman myself. And 
earlier today, I used a quote from the then-ranking member of the 
committee in which he, in part, said, ``The American people know that, 
once again, Congress is putting partisan political considerations ahead 
of the needs of the American people.''
  He protested so much. In that same conversation, Mr. Obey went on to 
say, ``In my view, the quickest way to end this political nonsense is 
to vote `no' on this bill so that we can send the President a bill 
which is respectable, responsible and can be signed.''
  I must say that serving in the ranking member position at this point 
in time, I couldn't more heartily adopt the words of my colleague when 
he formerly had a position like mine.
  In the meantime, this bill goes forward. The chairman knows full well 
that the bill that was written in the corner of this building by a 
couple of hands is going nowhere. It is very likely to be vetoed. In 
turn, he is repeating that very process he was protesting against so 
strongly not so long ago.
  With that, Mr. Speaker, I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself the remainder of the time.
  Mr. Speaker, first of all, I want Members to understand this bill was 
not written in the Speaker's office or any other leadership office. 
Virtually every appropriation issue of this bill was

[[Page H3953]]

written in the Appropriations Committee. We did not, obviously, write 
language that has previously passed the House under the control of 
other committees. The Energy and Commerce Committee produced the 
language, for instance, on the Medicaid rules. And the authorizing 
committee produced the language on unemployment compensation. That's 
normal.
  In fact, the Speaker herself was joking the other day and teasing me, 
indicating that there were three items that she had wanted in the bill 
that the committee had turned down. So I would suggest this is not 
quite the dictatorship that the myth-makers on the other side of the 
aisle are trying to portray.
  Having said that, let me explain what it is we are doing here today, 
since the minority leader was courteous enough to ask. What we are 
trying to do is to recognize a sad fact, which is that as long as 
George Bush is President of the United States, we are not going to be 
able to shut down the war. So what we are trying to do is proceed in 
the most responsible possible manner in order to assure that the next 
President, whoever he or she is, has at least 3 or 4 months to think 
through how he or she would get us out of this god-awful mess in Iraq, 
which I regard to be the most misguided foreign policy decision in my 
lifetime.
  What we are trying to do is to recognize that we do not have a 
majority in the United States Senate to shut down this war. And so we 
are looking at ways to provide Members with an opportunity to speak out 
on whether they want to see that war funding go ahead or not, a 
straight up-or-down vote. No coercion, at least on this side of the 
aisle, no whipping that question on this side of the aisle. Members 
were told, ``Vote your conscience.''
  We are also trying to do two other things. We are trying, once again, 
to attach conditions to the use of this money. Now I myself will vote 
against the first amendment because I have no guarantee that the 
conditions in the second amendment will survive Senate action. If they 
did, I would be perfectly comfortable with the first amendment because 
I think the first amendment is a straight effort to do what I just 
described a minute ago.
  But the reason we want to pursue the second amendment is because we 
think it is about time that the Iraqis, now that they are generating 
oil surpluses and budget surpluses, we believe it is about time that 
they begin to assume the costs of their own reconstruction, at least 50 
percent of it. This is why we have a 50-50, dollar-for-dollar match 
requirement which we are imposing on the Iraqis if we are to be 
expected to spend any more money in reconstructing Iraq. We think 
that's eminently sensible.
  We also think it is about time that Iraq quit overcharging the U.S. 
military for the price of gasoline. There is no reason why we should be 
paying through the nose at a much higher price than Iraqis are paying 
for gasoline.
  And then thirdly, we are asking the President of the United States to 
remember that the United States of America still exists, too, and that 
there are some problems that we need to address here. In fact, the 
administration itself has recognized some of them because the 
administration sent down a reprogramming request to deal with the 
problem of the Bureau of Prisons. They sent down a reprogramming 
request to deal with the census. We didn't think we ought to fix those 
problems by cutting even more deeply into local law enforcement 
funding, because those budgets have already been cut far too much. So 
we rejected the way that the administration wanted to pay for those 
items. And instead we have included them in this bill fully, fully paid 
for.
  We also have the temerity to believe that if we are going to fight 
this war, then we ought to also provide a thank you note, a healthy 
thank you note, for the people who fought the war on our behalf. That 
is why we are insistent that we pass the expansion of the GI Bill so 
that you can take people whose lives have been turned upside-down for 
years, military families from the east coast to the west coast, their 
lives have been disrupted for years. We want to say ``we want to at 
least partially compensate you by giving you the opportunity for a 
full, 4-year college education at any State university in your State.'' 
And we have provisions that will even expand beyond that if they go to 
other schools that also participate in helping finance their education. 
We make no apology for including that.
  We have heard from at least three speakers on that side of the aisle 
that we are providing $51 billion for that on the backs of the 
soldiers.

                              {time}  1500

  It isn't on their backs. It's an effort to help them. I would point 
out in the previous GI Bill in World War II, this country got a return 
of $7 for every dollar that it invested in the GI Bill. We recognize 
the value of doing that again. We recognize the moral obligation of 
doing that again, and we make no apology in going forward with it.
  We also make no apology for recognizing that when we have millions of 
Americans unemployed, that there is no harm done by providing to those 
who have been unemployed the longest and have exhausted their benefits, 
with 13 weeks of additional assistance as those people look for jobs. 
This Congress sits here in a comfortable room making $160,000 a year, 
nickel nursing about our efforts to provide a few additional benefits 
to people who have been unemployed that long.
  If we don't vote for that provision, we ought to be ashamed of 
ourselves. I ask each and every Member to vote your conscience. I am 
not going to tell you how to vote on any of the amendments. I will be 
voting against the first, for the second and the third.
  But I urge us to get on with it. This is the only way that we can get 
the problem dealt with.
  Mr. OBEY. Mr. Speaker, following is an explanation of the amendments 
of the House of Representatives (relating to supplemental 
appropriations for fiscal years 2008 and 2009) to the amendment of the 
Senate to H.R. 2642, the Military Construction and Veterans Affairs 
Appropriations Act, 2008.
  In this statement, the provisions of the House amendments to the 
Senate amendment are generally referred to as ``the amended bill''.
  House Amendment 1 strikes lines 1 through 3 on page 60 of the Senate 
amendment and inserts language providing supplemental appropriations 
for the Department of Defense for fiscal year 2008, and additional 
supplemental funds for fiscal year 2009 for operations in Iraq and 
Afghanistan.
  House Amendment 2 inserts after line 3 on page 60 of the Senate 
amendment language regarding policy for operations in Iraq and reforms 
relating to war profiteering and contractors.
  House Amendment 3 strikes line 1 on page 1 of the Senate amendment 
and all that follows through line 21 on page 59, and inserts language 
providing supplemental appropriations for military construction, 
international affairs, and other security-related and domestic needs, 
as well as language providing for improved veterans education benefits, 
temporary extended unemployment compensation, and a moratorium on 
certain Medicaid regulations, and establishing a surtax on high income 
taxpayers to offset the cost of the veterans benefit provision.
  The texts of the amendments are printed in the Rules Committee report 
(H. Rpt. 110-636) to accompany House Resolution 1197.
  Unless otherwise noted, all appropriations in the amendments are 
designated as emergency requirements and necessary to meet emergency 
needs pursuant to subsections (a) and (b) of section 204 of S. Con. 
Res. 21, the congressional budget resolution for fiscal year 2008.

                            AMENDMENT NO. 1

                       TITLE IX--DEFENSE MATTERS

      CHAPTER 1--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                                OVERVIEW

                             Recommendation

       In title IX, chapter 1, total new appropriations of 
     $96,622,127,000 are recommended. A detailed review of the 
     recommendations for programs funded in this chapter is 
     provided in the following pages.
       The recommended supplemental appropriations for the 
     Department of Defense are intended for ongoing military and 
     intelligence operations in support of Operation Iraqi Freedom 
     (OIF), Operation Enduring Freedom (OEF), and the larger 
     Global War on Terror (GWOT). The recommendations in this 
     chapter are based on the initial budget request, an update to 
     that request, formal hearings, and numerous briefings and are 
     intended to address emergency, high-priority needs of the 
     United States military and intelligence community. In some 
     cases, funding has been reduced or eliminated for certain 
     activities that are either not emergency in nature; that 
     cannot be obligated and/or executed in a timely fashion; or 
     which involve new policy

[[Page H3954]]

     and program decisions that should be addressed in the regular 
     authorization and appropriations bills for fiscal year 2009.
       The following table summarizes by appropriation account or 
     general provision, the recommendation: 

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[[Page H3956]]

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[[Page H3957]]

       Additionally, a number of needs were identified that were 
     not adequately addressed by the Department of Defense. Major 
     initiatives in the recommendation include:
       Facilities Sustainment, Restoration and Modernization 
     (FSRM): The recommendation includes an additional 
     $500,000,000 for FSRM at Army and Marine Corps facilities;
       Department of Defense Identified Operation & Maintenance 
     Shortfalls: The recommendation includes $3,617,308,000 to 
     address the increasing price of fuel and other petroleum 
     products;
       Yellow Ribbon Reintegration Program: The recommendation 
     includes $65,400,000 to support the Yellow Ribbon 
     Reintegration program to help members of the National Guard 
     and Reserve transition from combat to civilian life. The 
     recommendation is summarized as follows:

                         FY 2008 Yellow Ribbon

                       [In thousands of dollars]

Military Personnel:
Reserve Personnel, Army...........................................5,000
Reserve Personnel, Navy...........................................2,800
Reserve Personnel, Marine Corps...................................1,300
Reserve Personnel, Air Force......................................2,000
National Guard Personnel, Army...................................15,000
National Guard Personnel, Air Force...............................4,000
                                                             __________
                                                             
    Total, Military Personnel....................................30,100
Operation and Maintenance:
Operation and Maintenance, Army Reserve...........................8,300
Operation and Maintenance, Navy Reserve...........................2,200
Operation and Maintenance, Marine Corps Reserve...................1,300
Operation and Maintenance, Air Force Reserve......................3,500
Operation and Maintenance, Army National Guard...................18,000
Operation and Maintenance, Air National Guard.....................2,000
                                                             __________
                                                             
    Total, Operation and Maintenance.............................35,300

       Contract Management: The recommendation includes 
     $52,000,000 for the Defense Contract Management Agency to 
     hire more than 200 additional contract managers to prevent 
     waste, fraud and abuse in Department of Defense contracting 
     in Iraq and Afghanistan;
       Land Warrior: The recommendation includes $102,000,000 to 
     outfit one ``next to deploy'' brigade combat team with Land 
     Warrior equipment sets;
       C-17 Procurement: The recommendation includes 
     $3,604,500,000 to procure 15 C-17 aircraft;
       C-130 Procurement: The recommendation includes 
     $2,469,700,000 for the procurement of 34 C-130 aircraft 
     including Air Force, Marine Corps and Special Operations 
     variants; and
       Department of Defense Identified Acquisition Shortfalls: 
     The recommendation includes over $1,200,000,000 for a variety 
     of military service Joint Urgent Operational Needs identified 
     by the Department of Defense; and
       Overall, the recommendations total $96,622,127,000 and are 
     structured to maximize support to our men and women in 
     uniform. They meet important force protection, equipment and 
     personnel needs, while fully funding the operational 
     requirements to conduct the Global War on Terror.


                            classified annex

       The recommendations for intelligence activities are 
     published in a separate and detailed classified annex. The 
     intelligence community, Department of Defense and other 
     organizations are expected to fully comply with the 
     recommendations and direction in the classified annex 
     accompanying this Act.


                         reporting requirements

       The Secretary of Defense is directed to provide a report to 
     the congressional defense committees within 30 days of 
     enactment of this Act on the allocation of the funds within 
     the accounts listed in this chapter. The Secretary shall 
     submit updated reports 30 days after the end of each fiscal 
     quarter until funds listed in this chapter are no longer 
     available for obligation. These reports shall include: a 
     detailed accounting of obligations and expenditures of 
     appropriations provided in this chapter by program and 
     subactivity group for the continuation of military operations 
     in Iraq and Afghanistan and a listing of equipment procured 
     using funds provided in this chapter. It is expected that, in 
     order to meet unanticipated requirements, the Department of 
     Defense may need to transfer funds within these appropriation 
     accounts for purposes other than those specified in this 
     statement. The Department of Defense is directed to follow 
     normal prior approval reprogramming procedures should it be 
     necessary to transfer funding between different 
     appropriations accounts in this chapter.
       Additionally, the Department of Defense is directed to 
     submit monthly supplemental execution reports to the 
     congressional defense committees that include the following 
     information by appropriation: funding appropriated, funding 
     allocated, monthly obligations, monthly disbursements, 
     cumulative fiscal year obligations, and cumulative fiscal 
     year disbursements.


                 civil support responsibilities report

       The Secretary of Defense, in consultation with the 
     Secretary of Homeland Security, shall provide a report on the 
     progress of the Department of Defense efforts to plan for and 
     provide support to civil authorities during incidents of 
     national significance as required by sections 1814 and 1815 
     of Public Law 110-181. The report shall be provided to the 
     Committees on Appropriations and other congressional defense 
     committees no later than 60 days after enactment of this Act. 
     Specifically the report shall provide a projected timeframe 
     for completing the determination of requirements requested in 
     sections 1814 and 1815, milestones for implementation of 
     planning and readiness improvements, and any available 
     information on the Department of Defense's current state of 
     readiness and gaps in readiness for each of the National 
     Planning Scenarios. In addition, the Secretary of Defense 
     shall include in the report an explanation on how the 
     Department's civil support and homeland defense 
     responsibilities are incorporated into the validation and 
     prioritization of the services' equipment requirements.


                              contracting

       There is concern over the numerous instances of waste, 
     fraud, and abuse that have occurred in Department of Defense 
     contracting activities in support of contingency operations. 
     The Department and the military services did not properly 
     address the necessary personnel, training, and technology 
     requirements over the years, but are now taking steps to 
     improve their capabilities. This recommendation includes 
     additional funds to further many of the initiatives and 
     increased personnel requirements identified by the Department 
     of Defense and outside reviews such as the Gansler report. 
     The recommendation also calls for enhanced reporting 
     requirements to ensure improved oversight over the Iraq and 
     Afghanistan Security Forces Funds, and the Commander's 
     Emergency Response Program. Finally, it provides funding for 
     the Department of Defense Inspector General to improve its 
     antiquated tracking system for the Criminal Investigation 
     Service.


                       operation enduring freedom

       The recommendation provides additional resources to aid 
     U.S. military operations in Afghanistan and to strengthen the 
     Afghanistan Security Forces. Afghanistan Security Forces are 
     critical to the stability of Afghanistan and essential to our 
     fight against al Qaeda and other terrorist organizations. To 
     increase our efforts to train and equip these forces, the 
     recommendation funds additional trainers for the Afghan 
     National Army and the Afghan National Police. It also doubles 
     the Commander's Emergency Response Program (CERP) in 
     Afghanistan from fiscal year 2007 levels to address critical 
     small scale humanitarian efforts. Included in this amount are 
     the necessary resources to support the CERP program for the 
     additional Marines in Afghanistan. These and other efforts 
     related to Afghanistan are discussed elsewhere in this report 
     and in the classified annex.


     case management and disability evaluation for wounded warriors

       The recommendation includes $94,900,000 in the Operation 
     and Maintenance, Defense-Wide; Procurement, Defense-Wide; 
     Research, Development, Test and Evaluation, Defense-Wide; and 
     the Defense Health Program appropriation accounts to address 
     gaps identified by the President's Commission on Care for 
     America's Returning Wounded Warriors. The funding will enable 
     improvements in case management, data sharing, and the 
     disability evaluation system (DES). Additionally, the 
     funding will support the on-going DES Pilot program, 
     information technology development, support for case 
     management, and improvement of Department of Defense and 
     Department of Veterans Affairs data sharing gateways, and 
     distribution of wounded warrior care and benefits 
     informational handbooks.


                    defense health program overview

       The recommendation includes a total appropriation of 
     $1,438,864,000 for the Defense Health Program. This funding 
     will provide medical and dental services to active forces and 
     mobilized Reserve Components, as they support Operation Iraqi 
     Freedom and Operation Enduring Freedom, and their family 
     members. The funding also provides for costs associated with 
     the treatment of combat-related injuries.
       The recommendation also provides $293,023,000 for 
     facilities sustainment, restoration and modernization; 
     $1,000,000 for the Center of Excellence for Eye Injuries; 
     $70,000,000 for the Center for Neuroscience and Regenerative 
     Medicine and $47,100,000, in various budget activities for 
     disability evaluation system and case management.


         funding for research, development, test and evaluation

       Research, Development, Test and Evaluation has historically 
     not been funded in large amounts in emergency supplemental 
     appropriations. Generally, funding has been provided for 
     items that have been funded in prior supplemental 
     appropriations, or that can be developed and fielded in a 
     timely manner to impact the Global War on Terror.

                           MILITARY PERSONNEL

       An appropriation of $17,553,599,000 is recommended for 
     Military Personnel. The recommendations for each military 
     personnel account are shown below:

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                             grow the force

       The recommendation includes funding to support the Army and 
     Marine Corps plans to grow their end strength in an effort to 
     better sustain operational tempo and relieve strain on 
     current units.


                        wounded warrior programs

       The recommendation fully funds the identified requirements 
     for enhanced Traumatic Servicemembers' Group Life Insurance 
     (TSGLI) benefits and wounded service members' separation pay, 
     and provides additional funding for health care professional 
     bonuses to support the recruitment of additional medical 
     personnel.


                        cost and rate increases

       The recommendation includes funding for recent increases 
     for Basic Allowance for Housing, Basic Allowance for 
     Subsistence, Permanent Change of Station, Unemployment 
     Compensation, and Cost of Living Adjustments.

                       OPERATION AND MAINTENANCE

       An appropriation of $33,200,336,000 is recommended for 
     Operation and Maintenance.
       The recommendations for each operation and maintenance 
     account are shown below:

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                 COMMANDER'S EMERGENCY RESPONSE PROGRAM

       The recommendation includes $1,026,841,000 for the 
     Commander's Emergency Response Program (CERP). Included in 
     this amount is $479,900,000 for CERP in Afghanistan and 
     $2,000,000 to support our ongoing efforts in the Global War 
     on Terror in the Philippines. Small scale, humanitarian 
     projects led by the Joint Interagency Task Force--Philippines 
     should have a tremendous impact on combating the spread of 
     terrorist cells in the Philippines. However, the provision of 
     these funds does not represent an invitation to expand CERP 
     beyond its current mission and application.
       CERP projects are also currently benefiting the 2.7 million 
     internally-displaced Iraqis. The Iraqi government should 
     devote more of its own resources to returning them to their 
     homes, or resettling them permanently in functioning 
     communities. However, recognizing that CERP is an effective 
     tool for meeting urgent humanitarian needs, the Secretary of 
     Defense is urged to encourage commanders to give priority to 
     humanitarian and reconstruction projects that respond to the 
     needs of internally-displaced Iraqis who have settled in 
     their area of responsibility.
       CERP has proven beneficial to both U.S. commanders and the 
     Iraqi people, but there is concern over the Department's 
     growing requests for these funds. Since its inception in 
     2004, this program has grown exponentially, from $180,000,000 
     in fiscal year 2004 to $956,400,000 in fiscal year 2007. 
     Congress provided $500,000,000 in the fiscal year 2008 
     supplemental bridge appropriation but the Department is 
     obligating funds for this program at a rate that would exceed 
     the authorized level of $977,441,000 before the end of the 
     fiscal year.
       While there is a need to maintain commanders' flexibility 
     and control in administering CERP funds, there is concern 
     that, in the absence of any minimum standards for project 
     monitoring or specific performance indicators, commanders 
     exercise varying levels of oversight and typically compile 
     only anecdotal evidence on the impact of projects. 
     Furthermore, CERP funds are administered at the battalion 
     level, often by troops whose Military Operational Specialty 
     has little or no connection to program or acquisition 
     management. The limited information provided to Congress 
     about CERP projects makes it difficult to conduct thorough 
     oversight over how this program is administered, what its 
     actual impact is on the Iraqi people, and how it fits into 
     our overall strategy for Iraq.
       To provide Congress sufficient visibility over the use of 
     funding provided for CERP, the Department is directed to: (1) 
     establish minimum guidelines for commanders to follow in 
     monitoring project status and performance indicators to 
     assess the impact of CERP projects, (2) provide more complete 
     information in its quarterly reports to Congress, including: 
     listings of projects by province; project status, such as 
     completed and being used, completed but not sustained, 
     destroyed, vandalized, or not found; the source of each 
     individual initiative, whether it was generated by a local 
     national or the command; the name of the authority or 
     organization who serves as the primary local partner for each 
     project; and the number of local citizens who will benefit 
     from the project, including the number who will be employed 
     in implementing it, and if it directly benefits internally-
     displaced Iraqis. In addition, the report should include 
     information on the nature of the Government of Iraq's 
     commitment to sustain projects requiring government support, 
     and on the impact of CERP projects, individually and 
     collectively, in assisting the U.S. to carry out its strategy 
     in Iraq.
       So Congress may better understand how troops are trained to 
     administer CERP funds, the Secretary of Defense is directed 
     to submit to the congressional defense committees, within 45 
     days of enactment of this Act, a detailed report on the 
     training provided to troops authorized to manage or disperse 
     CERP funds. The report should include the duration of the 
     training, its primary objectives, and a syllabus of the 
     training course.
       For greater clarity on how commanders incorporate the use 
     of CERP funds into their operational planning, the Secretary 
     of Defense is directed to provide a report to the 
     congressional defense committees, no later than September 4, 
     2008, on operational planning for the use of CERP. The report 
     should include plans from each of the current Multinational 
     Division (MND) commands in Iraq and each of the current Task 
     Force commands in Afghanistan, to include information on the 
     criteria used for prioritizing individual CERP projects and 
     how the use of CERP funds is intended to advance the tactical 
     and strategic objectives.


                           CONTRACT SERVICES

       The continued lack of transparency and accountability with 
     regard to contracts and contractors serving in both theaters 
     of operation (Iraq and Afghanistan) is concerning. The 
     Department of Defense has indicated a need for approximately 
     $40,000,000,000 of operation and maintenance funding for 
     contracted services in this supplemental appropriation. This 
     includes $6,000,000,000 for the Army-managed Logistics Civil 
     Augmentation Program (LOGCAP), which provides for a spectrum 
     of services to include power generation, management of 
     facilities, dining operations, latrines, water systems, fire 
     protection and laundry services. Approximately $5,400,000,000 
     was expended by the Army on LOGCAP contracts in 2007. Within 
     90 days of enactment of this Act, the Secretary of Defense is 
     directed to submit a comprehensive report to the House and 
     the Senate Committees on Appropriations that provides the 
     following information for each existing operations and 
     maintenance contract in excess of $1,000,000:
     -- contractor name;
     -- amount;
     -- purpose;
     -- start and end date;
     -- type of contract; and
     -- amount of awards per fiscal year, if applicable.
       This report should also identify the Department of Defense 
     organization responsible for oversight of the contracts and 
     should reflect the type of services provided, such as vehicle 
     maintenance, food service, security, information technology 
     support, reconstruction, analysis, and other relevant 
     information.
       This report should also include a discussion of the roles 
     and responsibilities of the following organizations and how 
     they work collaboratively to ensure appropriate contract 
     oversight in theaters of operation for Iraq and Afghanistan:
     -- LOGCAP;
     -- AFCAP;
     -- Defense Reconstruction Support Office;
     -- Joint Contracting Command Iraq/Afghanistan;
     -- Deputy Assistant Secretary--Army (Policy and 
     Procurement)--Iraq and Afghanistan; and
       -- Project and Contracting Office, Washington.
       Further, the report should include the number of Department 
     of Defense military and federal civilian personnel assigned 
     to each of these offices, the number of contractors assigned 
     to each office and the roles the contractors perform. As part 
     of this report, should the Department of Defense determine 
     that it has insufficient in-house capability to effectively 
     monitor these contracts, it should then develop a robust 
     staffing proposal and submit it to the House and the Senate 
     Committees on Appropriations for consideration in the fiscal 
     year 2009 Defense Appropriations Act. The report shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       The recommendation includes contract service efficiencies 
     in the amount of $375,000,000 as follows: Army $300,000,000; 
     Navy $25,000,000 and Air Force $50,000,000.


                         SUBSISTENCE CONTRACTS

       The Army requested $987,000,000 to fund purchases of 
     subsistence items in support of Department of Defense 
     civilian employees and contractors deployed to the Iraq and 
     Afghanistan areas of operations. This also includes 
     subsistence that is provided to these individuals within the 
     Department of Defense dining facilities.
       The Army estimates that 5,000 Department of Defense 
     civilians and 73,000 contractor personnel constitute the 
     population of ``Department of Defense authorized personnel''. 
     This is an average cost for subsistence of nearly $13,000 per 
     individual per year.
       There are significant unanswered questions regarding the 
     management of this overall process, as well as the absence of 
     appropriate internal control procedures. For example, how the 
     Department manages access to the dining facilities; the 
     number of civilian employees and contractors who dine in 
     Department of Defense dining facilities; why the cost per 
     person is so high; and the number of contractors and 
     subcontractors who provide subsistence to the Department of 
     Defense in this theater of operations.
       Based on these unresolved issues, the recommendation 
     includes a ten percent reduction to the nearly $1,000,000,000 
     request for this program to encourage better management and 
     accountability of subsistence funds. Currently the 
     Department's Cost of War Report does not account for 
     obligation of funds for subsistence. The Secretary of Defense 
     is directed to, within 90 days of enactment of this Act, 
     submit a comprehensive report to the Committees on 
     Appropriations of the House and the Senate which: 1) 
     Identifies the number of contractors dining in the Department 
     of Defense facilities in and around the Iraq and Afghanistan 
     theaters of operations and a description of the method for 
     charging the subsistence cost back to the contractor; 2) 
     Lists the total cost and the cost elements in the prior and 
     current years for subsistence for Department of Defense 
     civilians and contractors deployed to the Iraq and 
     Afghanistan areas of operations and dining in Department of 
     Defense facilities; 3) Cites the Department's policy on the 
     movement of freight in general and subsistence items 
     specifically in and around the Iraq and Afghanistan theaters 
     of operation; the method for ensuring the best value 
     subsistence contracts are awarded; and describes the method 
     for ensuring the most fuel efficient and effective mode of 
     transportation is used; 4) Identifies the number of 
     contractors and subcontractors supplying subsistence items to 
     contractors and civilians deployed to the Iraq and 
     Afghanistan areas of operations (by location); the number and 
     types of subsistence contracts from local vendors in Iraq and 
     Afghanistan, and the method and factors used to determine 
     local vs. non local purchase of these items in and around the 
     Iraq and Afghanistan theaters of operation; and 5) Provides 
     the Department's policy on access to dining facilities in the 
     theaters of operations and associated internal control 
     procedures.

[[Page H3970]]

           DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS

       The Office of Management and Budget's (OMB) influence over 
     the Department of Defense's public-private competitions is 
     concerning. Section 325 of the 2008 National Defense 
     Authorization Act (Public Law 110-181) prohibits OMB from 
     directing or requiring any initiation, continuation, or 
     completion of a public-private competition or the Department 
     taking action based on such an OMB direction or requirement. 
     Questions have been raised as to whether this provision is 
     being implemented. If OMB continues to influence public-
     private competitions and contracting out of federal employees 
     at the Department of Defense stronger provisions may be 
     warranted.


            SUPPORT TO GLOBAL REPOSITIONING OF GROUND FORCES

       The impact to the Army and Marine Corps of rebasing 
     activities, particularly as large numbers of service members 
     return from overseas bases to the Continental United States 
     (CONUS), must be addressed. The recommendation provides 
     $408,000,000 to the Army's Facilities Sustainment, 
     Restoration, and Modernization program and $92,000,000 to the 
     Marine Corps' Facilities Sustainment, Restoration, and 
     Modernization program to offset the growing infrastructure 
     costs associated with the global repositioning of forces. 
     These funds will be used to repair barracks, improve child 
     care facilities, and enhance community services at Army and 
     Marine Corps bases throughout the United States.


                            OPERATING TEMPO

       The supplemental funding requested in the operation and 
     maintenance accounts is largely a function of anticipating 
     operating tempo for continuation of military operations in 
     Afghanistan and Iraq through September 2008. The actual 
     operating tempo in fiscal years 2007 and 2008 has differed 
     from the estimated levels. Therefore, the recommendation 
     provides operation and maintenance funding to account for 
     the actual operating tempo.


                         directed reprogramming

       The recommendation directs a reprogramming of funds 
     totaling $380,000,000 from substantial unobligated balances 
     in Department of Defense investment accounts to otherwise 
     unfunded operation and maintenance requirements in support of 
     Iraq and the Global War on Terror.


                            the joint staff

       The recommendation includes no funding for the Combating 
     Terrorism Readiness Fund because the requirement was funded 
     through the Department of Defense Appropriations Act, 2008 
     (Public Law 110-116).


      special operations command intelligence, surveillance, and 
                   reconnaissance (isr) acceleration

       The recommendation includes an additional $76,450,000 in 
     Operation and Maintenance, Defense-wide to accelerate the 
     fielding of ISR capabilities to Special Operations Command 
     for use in missions pertaining to high value targets. The 
     Secretary of Defense is urged to include sustainment costs 
     for these items in future budget requests.


          defense logistics agency: lithium batteries supplies

       Primary lithium batteries have been and remain a critical 
     consumable warfighting asset for our military. A reliable and 
     sustainable U.S. manufacturing source for these supplies is 
     critical to maintaining the full warfighting capability of 
     our military forces. The Defense Logistics Agency is 
     encouraged to take the necessary actions to ensure that at 
     least one supplier of LiSO2 batteries and one supplier of 
     LiMnO2 batteries continue manufacturing in the U.S. with a 
     reasonable sustaining rate of production.


                    defense threat reduction agency

       The recommendation includes no funding for NIMBLE ELDER 
     because the requirement was funded through the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116).


                        family advocacy program

       The recommendation includes $50,000,000 for family advocacy 
     programs to provide counseling and family assistance 
     including child psychologists, Parents as Teachers and other 
     intervention efforts. This funding will enhance the 
     activities of the Family Advocacy Program (FAP) and provide 
     for children and families managing the difficult challenges 
     of military service. There is concern about the growing need 
     for family members to have access to professional counseling 
     to help alleviate the mental stresses associated with 
     deployments. These activities provide programs, products and 
     services to help mitigate the disruption and stress in the 
     military family when a service member is deployed, killed or 
     seriously wounded.


                    defense human resources activity

       The recommendation includes no funding for Homeland 
     Security Presidential Directive 12 because the requirement 
     was funded through the Department of Defense Appropriations 
     Act, 2008 (Public Law 110-116).


                  defense security cooperation agency

       The recommendation includes $600,000,000 for coalition 
     support funds and $200,000,000 for lift and sustainment in 
     Iraq and Afghanistan. It also includes an additional 
     $150,000,000 for the Global Train and Equip Program. The 
     Department of State is tasked to train and equip allied 
     nations for counterterrorism operations, yet the Department 
     of Defense continues to request funds to augment these 
     efforts due to the Global War on Terror. Training allied 
     nations is primarily the responsibility of the Department of 
     State. As such, the Administration is urged to request the 
     appropriate level of funding for the Global Train and Equip 
     Program entirely within the Department of State in the next 
     fiscal year.


                   office of the secretary of defense

       There is deep concern over the waste, fraud, and abuse that 
     has occurred in the Department's contracting activities that 
     support contingency operations overseas. The Office of the 
     Undersecretary of Defense for Acquisition, Technology and 
     Logistics (USD(AT&L)) is tasked with contractor oversight in 
     forward areas of operations. In an effort to further many of 
     the initiatives developed by USD(AT&L), the recommendation 
     includes additional resources to fully fund these 
     requirements, including: $8,000,000 for the Synchronized 
     Predeployment and Operational Tracker (SPOT), $2,500,000 for 
     the Joint Contingency Contract Support Office (JCCSO), 
     $2,000,000 for Military Non Contracting Officer Training, and 
     $400,000 for the Materiel Readiness Board (MRB). The 
     recommendation also includes $3,000,000 for the Wartime 
     Contracting Commission, established by the National Defense 
     Authorization Act for Fiscal Year 2008 (P.L. 110-181), and 
     directs that $1,200,000 would be available for the WMD 
     Commission.


                           iraq freedom fund

       The recommendation includes $50,000,000 for the Iraq 
     Freedom Fund only for the Task Force to Improve Business and 
     Stability Operations--Iraq to execute the Factory Restart 
     Program.


                  afghanistan and iraq security forces

       Reprogramming: The Department of Defense has been provided 
     significant flexibility in executing this program in the past 
     but new reprogramming procedures are required at this 
     juncture. With respect to the Iraq Security Forces Fund and 
     the Afghanistan Security Forces Fund, the Department is 
     directed to submit prior approval reprogramming requests to 
     the congressional defense committees for proposed transfers 
     of funds in excess of $20,000,000, to the Infrastructure 
     subactivity groups or other construction related projects.
       Infrastructure: The Department of Defense is directed to 
     provide the congressional defense committees with a detailed 
     report by August 1, 2008 on current and future infrastructure 
     requirements for the Iraq and Afghanistan Security Forces. 
     The report shall detail all infrastructure projects that have 
     been previously funded, projects that are planned, and 
     projects that require future funding from either the U.S. or 
     the Governments of Iraq or Afghanistan. The projects shall be 
     broken out by Ministry of Defense and Ministry of Interior 
     requirements, year or projected year of funding, source of 
     funding, and current status of project.
       Logistics: The Iraq Security forces will not be able to 
     operate independent of coalition support unless they have an 
     organic logistics capability of their own. The Department of 
     Defense is directed to provide the congressional defense 
     committees with a report no later than 30 days after 
     enactment of this Act, on the plan for an independent 
     logistics capability within the Iraq Security Forces. The 
     plan should address required support facilities at the 
     national, regional, and base levels, motor transport 
     capabilities, life support self sufficiency, logistics 
     training, mechanics training, ammunition re-supply 
     (decentralization, distribution, and security), fuel 
     (decentralization, distribution, and security), medical 
     supply and services, and depot warehousing, maintenance, and 
     capacity. The report should also include a resource plan to 
     reach these goals.
       Trainers: There is deep concern that the Department of 
     Defense has only been able to resource 44% of the required 
     trainers for the Afghan National Army and only 39% for the 
     Afghan National Police. While progress is being made on 
     training and equipping these forces, the shortfall of capable 
     trainers severely hampers our ability to further this 
     momentum. There are enormous demands for this low density 
     skill to support this mission, and the recommendation 
     provides the Department $50,000,000 for additional contract 
     personnel to address this shortfall, including: $25,000,000 
     for the training of the Afghanistan National Army for mentors 
     at the corps and brigade levels for intelligence, 
     communications, operations, and force protection, for 
     contract mobile training teams, and for contract Counter 
     Insurgency Academy instructors; and $25,000,000 for the 
     training of the Afghanistan National Police to include 
     contract logistics system mentors, and contractors for the 
     Afghanistan National Police National Training Center.


           pistols for afghan army and afghan national police

       Poor quality pistols were provided to the Afghan National 
     Police and the Afghan National Army in 2005 and 2006. While 
     they have no record of manufacturing defects in service, the 
     5,000 pistols purchased for the Afghan National Army, and the 
     51,175 purchased for the Afghan National Police, under the 
     U.S. Foreign Military Sales program, through the U.S. Army 
     Security Assistance Command, lack important features desired 
     in a quality service pistol. A key missing feature is a 
     positive external safety mechanism, although the pistol does 
     have a trigger safety. It appears that there were two 
     prominent motivations for selection of the current

[[Page H3971]]

     9mm pistol. The first was cost, and for the Afghan National 
     police, the second key consideration was the fact that the 
     pistol already was in service with the Afghan National Army. 
     Based on concerns expressed by U.S. trainers, ongoing 
     procurements of pistols under 2007 and 2008 contracts are 
     delivering a pistol manufactured with the desired features 
     that were lacking in the pistols procured in 2005 and 2006. 
     Future purchases will be made by competitive bid and the 
     requirements will specify features consistent with the U.S. 
     M9 service pistol. The government agencies of the United 
     States and Afghanistan are commended for having made these 
     appropriate adjustments in the acquisition of pistols for the 
     Afghan National Army and Afghan National Police. They are 
     cautioned that haste and incomplete definition of 
     requirements, and inadequate testing, can lead to acquisition 
     of military equipment that once in use by the military may 
     prove to be inadequate in performance, reliability and 
     safety. Finally, the Department of Defense and the Department 
     of State are urged to work cooperatively to ensure that 
     programs for the provision of equipment to the Afghan 
     National Army and Afghan National Police employ rigorous 
     requirements definition and disciplined contracting 
     procedures, and that the Secretary of Defense initiate a 
     review of the utility of pistols provided to the Afghan 
     National Army and Afghan National Police under U.S. Foreign 
     Military Sales transactions and assist where necessary in the 
     replacement and demilitarization of inferior pistols.

                              PROCUREMENT

       An appropriation of $41,030,995,000 is recommended for 
     Procurement. The recommendations for each procurement account 
     are shown below:

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                             army aviation

       Urgent needs have been identified in certain Army aviation 
     programs. Accordingly, the recommendation provides additional 
     funding as follows: $30,000,000 for UH-60A to UH-60L 
     modifications, to remanufacture 30 aircraft; $14,650,000 for 
     UH-60 aircraft safety enhancements; $38,000,000 for Kiowa 
     Warrior Safety Enhancement program; and $196,100,000 for Army 
     fixed and rotary wing aircraft survivability enhancements in 
     infrared countermeasures.
       There is strong support for the Army plan to replace the 
     aging Kiowa Warrior fleet with Armed Reconnaissance 
     Helicopters (ARH) as soon as possible. However, the funding 
     provided in the Department of Defense Appropriations Act, 
     2008 fully funded the ARH production capacity for fiscal year 
     2008. Accordingly, the recommendation includes no additional 
     funding for the Armed Reconnaissance Helicopter program.


                               m4 carbine

       Numerous concerns have been raised about continued 
     procurement of the M4 carbine. These concerns range from 
     performance issues (such as jamming in dusty environments) to 
     the current sole source contract. The Army recently conducted 
     tests on the M4 and similar weapons in the same class to 
     assess its performance. The Army is also evaluating the 
     capability of the M4 and other weapons to determine if a new 
     performance requirement is needed. To allay the concerns 
     regarding performance and competition in contracting, the 
     Secretary of the Army is directed to provide a report to the 
     congressional defense committees no later than June 15, 2008, 
     on the findings of the recent comparative capability 
     assessment and with a determination as to whether a change in 
     the acquisition strategy is needed.


                   family of medium tactical vehicles

       The recommendation includes $673,600,000 for the Family of 
     Medium Tactical Vehicles program. This funding level includes 
     $94,000,000 to reimburse the program for funds that were used 
     under rapid acquisition authority to procure Sky Warrior 
     intelligence, surveillance and reconnaissance assets.


       single channel ground and airborne radio system (sincgars)

       The recommendation includes $500,347,000 for the 
     procurement of SINCGARS radios, which will fully fund Army 
     SINCGARS radio requirements for fiscal year 2008. However, 
     the Army has yet to fully address certain issues including 
     concerns of the Army Science Board regarding SINCGARS 
     compatibility with the Joint Tactical Radio System (JTRS), 
     encryption modernization, and compatibility with local first 
     responder radios. The Army is urged to move forward with a 
     plan that addresses these and other urgent tactical radio 
     issues.
       The Army has recently updated the acquisition strategy for 
     the SINCGARS family of radios and has released a market 
     survey seeking sources of supply that are compliant with the 
     operational requirements. The Army is encouraged to implement 
     ``best value'' selection criteria in any upcoming competition 
     where the operational requirements are stated as the minimum 
     needed and advanced capabilities and features would be 
     evaluated according to the value they bring above that 
     minimum functionality level. Not more than 60 days after 
     enactment of this Act, the Secretary of the Army shall 
     provide a report and briefing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     addressing the acquisition objective; encryption 
     modernization and capability enhancement; alignment with the 
     JTRS program; and a procurement plan that includes a strategy 
     for full, fair and open competition.


                        maritime patrol aircraft

       The Navy has recently grounded 39 P-3 Orion Maritime Patrol 
     Aircraft due to wing cracking discovered during inspections. 
     These aircraft have logged significant hours flying in 
     support of the Global War on Terror. To keep these aircraft 
     flying until the replacement Multi-Mission Aircraft (P-8A 
     Poseidon) is fielded, $313,900,000 is provided for the 
     procurement and installation of wing repair kits.


                marine corps aircraft defensive weapons

       Marine Corps aircraft deployed in theater should have a 
     capable self defense system. Some of the deployed Marine 
     Corps aircraft have less than capable or outdated defensive 
     systems. To improve the capability of deployed Marine Corps 
     aircraft, $15,000,000 is provided for the procurement of 
     defensive weapons for V-22 aircraft and $3,500,000 is 
     provided for the procurement of defensive weapons for CH-46 
     aircraft.


                      grow the force--marine corps

       The recommendation provides funds identified by the Marine 
     Corps associated with growing the size of its force, to 
     include $26,400,000 for lightweight 155mm howitzers, 
     $12,000,000 for weapons, $43,000,000 for trailers and 
     $100,000,000 for armored vehicle sets.


   marine corps ground-based operational surveillance system (g-boss)

       The fiscal year 2008 supplemental request included 
     $640,000,000 for G-BOSS, a capability that will provide 
     updated base security for the Marine Corps. Public Law 110-
     161 provided $340,000,000 of that total program requirement. 
     Briefings with the Marine Corps and the Joint Improvised 
     Explosive Device Defeat Organization (JIEDDO) indicate that 
     JIEDDO will fund the remaining G-BOSS requirement of 
     $300,000,000.


                            c-17 globemaster

       In light of increases to both the Army and Marine Corps 
     end-strength and the emerging lift needs of the Future Combat 
     System, the Department of Defense has not adequately assessed 
     strategic lift requirements. The need for an accurate 
     assessment is critical because the C-17 aircraft production 
     line is facing shut-down in the very near-term. As a prudent 
     course of action to avoid plant shutdown before the 
     requirement is fully assessed, the recommendation provides 
     $3,604,500,000 to procure 15 C-17 aircraft.


                        c/kc/mc-130j procurement

       An appropriation of $2,469,700,000 is recommended for the 
     procurement of 34 C/KC/MC-130J aircraft. Given the age and 
     usage of the C-130, KC-130 and MC-130 fleets, it is 
     justifiable to acquire replacement aircraft faster and in 
     higher quantities in order to drive down unit acquisition 
     costs and operating costs. Therefore, the recommendation 
     fully funds 18 C-130J aircraft, seven MC-130J aircraft and 
     nine KC-130J aircraft. These funds are provided with the 
     expectation that the Department of Defense will proceed 
     expeditiously with negotiations to enter into a follow-on 
     joint multi-year procurement contract in order to lock in 
     lower acquisition prices. It is anticipated that the savings 
     achieved with a multi-year procurement contract will be 
     applied to the associated economic order quantity 
     requirement.


            large aircraft infrared countermeasures (laircm)

       The fiscal year 2007 supplemental provided $112,400,000 to 
     install LAIRCM on C-37 aircraft at an estimated cost of 
     $11,200,000 per aircraft. Due to discounts offered by the 
     vendor and installer for subsequent aircraft, each additional 
     aircraft modification was approximately 50% of the original 
     estimate, resulting in a savings of $55,000,000. The 
     Secretary of the Air Force is directed to use the savings to 
     fund the LAIRCM modification for C-20B and C-20H aircraft. 
     These aircraft are not currently tasked for missions into 
     areas defensive countermeasures are required. Passengers are 
     transferred to combat aircraft such as the C-130 and C-17 
     that are equipped with countermeasure equipment. These 
     modifications will allow the C-20B/H aircraft to be tasked 
     for missions directly into areas where countermeasures are 
     required and, thus, negate the need for combat aircraft to be 
     diverted for these missions.


                          handgun replacement

       The recommendation includes no funding for the Air Force to 
     replace its handgun. $5,000,000 was provided in fiscal year 
     2007 to perform a study on replacing the handgun that was not 
     executed because there was no validated requirement for a new 
     handgun. This remains an unsubstantiated need for fiscal year 
     2008 supplemental funds and the Air Force is urged to request 
     funds in the baseline account if it intends to pursue this 
     program in the future.


                  national guard and reserve equipment

       The recommendation for the National Guard and Reserve 
     Equipment Account is $750,000,000. Of this amount, 
     $625,000,000 is for the Army National Guard and $125,000,000 
     is for the U.S. Army Reserve to meet urgent equipment needs 
     that may arise this fiscal year. This funding will allow the 
     Army Guard and Army Reserve to procure high priority items 
     such as: AH-64 helicopter modifications from A model to D 
     model for the Army Guard; HH-60 Blackhawk medical evacuation 
     helicopters for the Army Reserve; UH-60 helicopter model A to 
     L conversions; HMMWV utility vehicles; Heavy Expanded Mobile 
     Tactical Trucks; Liquid Logistics Storage and Distribution 
     Systems; sniper detection devices; MILSATCOM, NAVSTAR GPS, 
     and other communications equipment; Night Vision equipment; 
     psychological operations equipment; Water Purification 
     Systems; Air Traffic Control Simulator Systems; Light Medium 
     and Medium Tactical Vehicles; trucks, tractors, and line haul 
     equipment; Armored Security Vehicles; Joint Service 
     Transportable Decontamination Systems--Small Scale (JSTDS-
     SS); Logistics Automation Systems (SAMS-E, CAISI, and VSAT); 
     and tactical bridging and power generating equipment.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       An appropriation of $1,624,093,000 is recommended for 
     Research, Development, Test and Evaluation.
       The recommendations for each research, development, test 
     and evaluation account are shown below:

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                              joint stars

       An appropriation of $64,109,000 is recommended for the 
     Joint Stars aircraft program. $22,600,000 is for the Primary 
     Mission Equipment and Diminishing Manufacturing Source (PME/
     DMS) development program, $1,409,000 is for the Surface 
     Warfare Joint Capability Technology Demonstration, 
     $36,000,000 is for increased bandwidth and beyond line of 
     site capability for the aircraft, $4,100,000 is for Single 
     Channel Ground to Air Radio System (SINCGARS) voice initial 
     capability insertion.


                         c-17 heads-up display

       Beginning in fiscal year 2012 the current C-17 Heads-Up 
     Display (HUD) will no longer be supportable due to problems 
     associated with parts obsolescence. Given this timeline, the 
     Air Force may use C-17 research, development, test and 
     evaluation funds already appropriated in fiscal year 2008 to 
     start a replacement program for the HUD.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       An appropriation of $1,837,450,000 is recommended for the 
     Defense Working Capital Funds.
       The recommendations for each Defense Working Capital Fund 
     account are shown below:

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                     National Defense Sealift Fund 

       An appropriation of $5,110,000 is recommended for the 
     National Defense Sealift Fund.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       An appropriation of $1,438,864,000 is recommended for the 
     Defense Health Program.
       The recommendations for operation and maintenance, 
     procurement and research, development, test and evaluation 
     are shown below:

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         facilities sustainment, restoration and modernization

       The recommendation includes an additional $293,023,000 for 
     sustainment, restoration and modernization of military 
     medical projects for the Army, Navy and Air Force. The 
     average ``recapitalization rate'' (aggregate investment in 
     infrastructure) for civilian hospitals is 21 years and the 
     current Department of Defense medical facility 
     recapitalization rate exceeds 75 years. This funding is only 
     a temporary band-aid for certain facilities and the 
     Department is urged to request the necessary military 
     construction funds.


           unfunded fiscal year 2008 procurement requirements

       The recommendation includes an additional $62,000,000 for 
     unfunded procurement requirements for the Army and Navy. The 
     Air Force does not have any unfunded procurement requirements 
     for fiscal year 2008. Providing the most advanced medical 
     equipment is essential for the care of our service members 
     and their families and the Services have a limited ability to 
     procure critical medical technology because of the 
     exponential cost growth for medical equipment and the 
     restrictions on the service medical accounts. Additional 
     procurement resources have been provided to the Services for 
     the past two years and the Department must make a concerted 
     effort to reflect these requirements in future budget 
     submissions for the Defense Health Program.


           battle casualty and psychological health research

       The recommendation includes an additional $273,800,000 to 
     address prevention, diagnosis, treatment, and mitigation of 
     deployment-related injuries and psychological health 
     concerns. These funds are targeted to accelerate ongoing 
     programs and are for peer reviewed research into emergent 
     approaches and technologies. These funds are directed towards 
     the following research areas: final development of medical 
     devices for use in theater (including portable suction 
     machines and EKGs for theater hospitals); blood safety and 
     blood products; burns (including tissue viability and fluid 
     resuscitation); orthopedic and other trauma treatment and 
     rehabilitation (including face, visual/ocular and nerve 
     damage, dental, and auditory systems); suicide prevention and 
     counseling (including reducing nurse stress and fatigue at 
     military treatment facilities); traumatic brain injury and 
     psychological health (including Post Traumatic Stress 
     Disorder); injury prevention; wound infection and healing; 
     treatment for severe cutaneous leishmaniasis; and wound 
     infection vaccines. These funds shall be executed through the 
     Army's Medical Research and Materiel Command. The Army is 
     directed to work in conjunction with the Navy and the Air 
     Force to augment all Department of Defense research efforts 
     in these areas. The Department is directed to provide a 
     report with a detailed plan for the use of these funds and 
     timeline for execution by August 1, 2008.


           center for neuroscience and regenerative medicine

       The recommendation includes an additional $70,000,000 to 
     increase investigators and research capabilities in Traumatic 
     Brain Injury and regenerative medicine across the Armed 
     Forces. The focus of this initiative is an intramural start-
     up for the study of blast injury to the brain and post 
     traumatic stress by studying actual combat casualties cared 
     for at Walter Reed Army Medical Center and the National Naval 
     Medical Center and using sophisticated neuroimaging 
     technology at the National Institute of Health's Clinical 
     Center.


       post traumatic stress disorder and traumatic brain injury

       In addition to amounts otherwise available to the Defense 
     Health Program, $75,000,000 is available to continue work for 
     traumatic brain injury and psychological health.

         Drug Interdiction and Counter-Drug Activities, Defense

       An appropriation of $65,317,000 is recommended for Drug 
     Interdiction and Counter-Drug Activities, Defense for 
     operations in Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, 
     Tajikistan, Thailand and Turkmenistan.

                    Office of the Inspector General

       An appropriation of $6,394,000 is recommended for the 
     Office of the Inspector General. This is an increase of 
     $2,000,000 in research, development, test and evaluation 
     funding for the development of an Investigative Data System 
     for the Defense Criminal Investigative Service.

                    GENERAL PROVISIONS, THIS CHAPTER

       The amended bill includes the following general provisions 
     for this chapter:
       Section 9101 establishes the period of availability for 
     obligation of appropriations provided in this chapter.
       Section 9102 provides that funds made available in this 
     chapter are in addition to amounts provided elsewhere for the 
     Department of Defense for fiscal year 2008.
       Section 9103 provides for special transfer authority of up 
     to $2,500,000,000 of funds in this chapter, subject to the 
     terms and conditions in section 8005 of the Department of 
     Defense Appropriations Act, 2008.
       Section 9104 provides that of the funds made available for 
     the Department of Defense, $1,026,841,000 may be used to 
     execute programs under the Commander's Emergency Response 
     Program for Iraq, Afghanistan, and the Philippines.
       Section 9105 provides for transfer of funds to the Defense 
     Cooperation Account to appropriations or funds as determined 
     by the Secretary of Defense.
       Section 9106 provides that not to exceed $20,000,000 of 
     funds made available under ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used to support counter-
     drug activities of certain governments, and that such support 
     is in addition to support provided under any other provision 
     of law.
       Section 9107 provides for up to 20 heavy and light armored 
     vehicles for force protection purposes in Iraq and 
     Afghanistan and up to 21 vehicles from funds previously 
     appropriated.
       Section 9108 provides for the transfer of funds to the Mine 
     Resistant Ambush Protected Vehicle Fund.
       Section 9109 provides up to $150,000,000 to support the 
     development of foreign national counterterrorism 
     capabilities.

CHAPTER 2--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                                OVERVIEW


                             Recommendation

       On May 2, the Administration presented a request of 
     $66,062,936,000 for supplemental appropriations for the 
     Department of Defense, not including military construction. 
     The recommendation in title IX, chapter 2, is 
     $65,921,157,000.
       The following table summarizes by appropriation account or 
     general provision, the recommendation:

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                            CLASSIFIED ANNEX

       The recommendations for intelligence activities are 
     published in a separate and detailed classified annex. The 
     intelligence community, Department of Defense and other 
     organizations are expected to fully comply with the 
     recommendations and direction in the classified annex 
     accompanying this Act.


                         reporting requirements

       The Secretary of Defense is directed to provide a report to 
     the congressional defense committees within 30 days of 
     enactment of this Act on the allocation of the funds within 
     the accounts listed in this chapter. The Secretary shall 
     submit updated reports 30 days after the end of each fiscal 
     quarter until funds listed in this chapter are no longer 
     available for obligation. The Secretary is directed that 
     these reports shall include: a detailed accounting of 
     obligations and expenditures of appropriations provided in 
     this chapter by program and subactivity group for the 
     continuation of military operations in Iraq and Afghanistan 
     and a listing of equipment procured using funds provided in 
     this chapter. It is expected that, in order to meet 
     unanticipated requirements, the Department of Defense may 
     need to transfer funds within these appropriation accounts 
     for purposes other than those specified in this report. The 
     Department of Defense is directed to follow normal prior 
     approval reprogramming procedures should it be necessary to 
     transfer funding between different appropriation accounts in 
     this chapter.
       Additionally, the Department of Defense is directed to 
     submit monthly supplemental execution reports to the 
     congressional defense committees that include the following 
     information by appropriation: funding appropriated, funding 
     allocated, monthly obligations, monthly disbursements, 
     cumulative fiscal year obligations, and cumulative fiscal 
     year disbursements.


                mine resistant ambush protected vehicles

       The recommendation includes $1,700,000,000 for the Mine 
     Resistant Ambush Protected Vehicle Fund. This funds 
     requirements for ballistic testing, sustainment and 
     transportation of Mine Resistant Ambush Protected Vehicles, 
     as identified by the Department. The Department shall 
     continue to adhere to the execution and reporting 
     requirements contained in section 8122 of Public Law 110-116. 
     Additionally, the Secretary of Defense is directed to include 
     future requests for Mine Resistant Ambush Protected Vehicle 
     sustainment in the base budget starting with the fiscal year 
     2010 President's budget request submission.

                           MILITARY PERSONNEL

       An appropriation of $1,194,000,000 is recommended for 
     Military Personnel. The recommendations for each military 
     personnel account are shown below:

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                       OPERATION AND MAINTENANCE

       An appropriation of $54,916,009,000 is recommended for 
     Operation and Maintenance.
       The recommendations for each operation and maintenance 
     account are shown below:
         
         
         
         
         

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                  defense security cooperation agency

       The recommendation includes $200,000,000 for coalition 
     support funds and $100,000,000 for lift and sustainment of 
     coalition partners in Iraq and Afghanistan.


                  afghanistan and iraq security forces

       Reprogramming. The Depatment of Defense has been provided 
     significant flexibility in executing this program in the past 
     but new reprogramming procedures are required at this 
     juncture. With respect to the Iraq Security Forces Fund and 
     the Afghanistan Security Forces Fund, the Department is 
     directed to submit prior approval reprogramming requests to 
     the congressional defense committees for proposed transfers 
     of funds in excess of $20,000,000, to the Infrastructure 
     subactivity groups or other construction related projects.

                              PROCUREMENT

       An appropriation of $4,435,320,000 is recommended for 
     Procurement. The recommendations for each procurement account 
     are shown below:

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                       FORCE PROTECTION AND RESET

       The recommendation provides funding for critical force 
     protection and reset initiatives identified by the Marine 
     Corps, to include $30,000,000 for Light Armored Vehicle 
     survivability upgrades; $97,500,000 for Frag Kit 4 underbody 
     armor and M1114 Frag Kits; $105,175,000 for Blue Force 
     Tracker platform devices; and $201,750,000 for jammer 
     upgrades.


              special operations psychological operations

       The Special Operations Command is encouraged to use funds 
     provided in fiscal year 2009 for the Department of Defense to 
     fund psychological operations equipment for C-130 aircraft.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       An appropriation of $387,828,000 is recommended for 
     Research, Development, Test and Evaluation only for 
     classified programs.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       An appropriation of $1,100,000,000 is recommended for the 
     Defense Health Program. The recommendations for the Defense 
     Health Program are shown below:

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            traumatic brain injury and psychological health

       The recommendation includes $300,000,000 to support 
     programs and activities relating to the treatment, care, 
     rehabilitation, recovery and support of the Armed Forces for 
     traumatic brain injury and psychological health issues. Of 
     the funds provided, $200,000,000 is in In-House Care, 
     $75,000,000 is in Consolidated Health, and $25,000,000 is in 
     Education and Training. The Assistant Secretary of Defense 
     for Health Affairs, in coordination with the Service Surgeons 
     General and the Deputy Assistant Secretary of Defense for 
     Force Health Protection and Readiness, is directed to provide 
     a report to the congressional defense committees no later 
     than August 1, 2008 with a detailed spend plan including 
     funding requirements, sources of funding, and a break out of 
     initiatives.

         Drug Interdiction and Counter-Drug Activities, Defense

       An appropriation of $188,000,000 is recommended for Drug 
     Interdiction and Counter-Drug Activities, Defense for 
     operations in Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, 
     Tajikistan and Turkmenistan.

             Joint Improvised Explosive Device Defeat Fund

       An appropriation of $2,000,000,000 is recommended for the 
     Joint Improvised Explosive Device Defeat Fund.

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                    GENERAL PROVISIONS, THIS CHAPTER

       The amended bill includes the following general provisions 
     for this chapter:
       Section 9201 establishes that the funds made available in 
     this chapter are not available until October 1, 2008.
       Section 9202 establishes the period of availability for 
     obligation for appropriations provided in this chapter.
       Section 9203 provides for special transfer authority up to 
     $4,000,000,000 of funds in this chapter.
       Section 9204 provides that the Secretary of Defense 
     continue to provide quarterly reports to Congress on a 
     comprehensive set of indicators and measures for progress 
     towards military and political stability in Iraq.
       Section 9205 provides that the Director of the Office of 
     Management and Budget, (in consultation with the Secretary of 
     Defense; the Commander, Multi-National Security Transition 
     Command-Iraq; and the Commander, Combined Security Transition 
     Command-Afghanistan), shall submit a report detailing, among 
     other assessments, the total cost of training and equipping 
     the Iraq and Afghanistan security forces.
       Section 9206 provides that funds available to the 
     Department of Defense for operation and maintenance may be 
     used to provide supplies, services and transportation to 
     coalition forces in Iraq and Afghanistan.
       Section 9207 provides that supervision and administrative 
     costs associated with a construction project funded through 
     operation and maintenance, Afghanistan Security Forces Fund, 
     or Iraq Security Forces Fund may be obligated at the time a 
     construction contract is awarded.
       Section 9208 provides $1,700,000,000 in emergency funding 
     for the Mine Resistant Ambush Protected Vehicle Fund.
        Section 9209 defines the Congressional Defense Committees 
     as being the Armed Services Committees and the Subcommittees 
     on Defense of the Committees on Appropriations of the House 
     and the Senate.

                CHAPTER 3--GENERAL PROVISIONS, THIS TITLE

       The amended bill includes the following general provisions 
     for this title:
       Section 9301 provides that the amounts recommended under 
     this title are designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to subsections (a) 
     and (b) of section 204 of S. Con. Res. 21 (110th Congress), 
     the concurrent resolution on the budget for fiscal year 2008.
       Section 9302 provides for the obligation and expenditure of 
     funds related to activities pursuant to section 504(a)(1) of 
     the National Security Act of 1947.
       Section 9303 prohibits the use of funds to contravene laws 
     or regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment.
       Section 9304 requires a report on the United States global 
     strategy to combat and defeat Al Qaeda and its affiliates.
       Section 9305 provides that none of the funds appropriated 
     in this title may be obligated and expended to finance 
     programs or activities denied by Congress in fiscal year 2007 
     or 2008 appropriations for the Department of Defense or to 
     initiate a new start without prior approval.
       Section 9306 provides for an increase in the amount 
     authorized for the United States contribution to NATO to 
     $435,259,000.
       Section 9307 prohibits award fees to any defense contractor 
     in contravention to provisions of section 814 of the National 
     Defense Authorization Act, 2007.


                              rescissions

       Section 9308 provides that: (a) of the funds made available 
     for ``Defense Health Program'' in Public Law 110-28, 
     $75,000,000 is rescinded and, (b) of the funds made available 
     for ``Joint Improvised Explosive Device Defeat Fund'' in 
     Division L of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161), $71,531,000 is rescinded.
       Section 9309 provides that of the funding provided in the 
     Readiness, Veterans' Care, Katrina Recovery and Iraq 
     Accountability Appropriations Act, 2007 that remains 
     available for obligation under the Iraq Freedom Fund 2007/
     2008, $150,000,000 is only for the Joint Rapid Acquisition 
     Cell program and $10,000,000 is only for the transportation 
     of fallen service members.
       Section 9310 allows Combatant Commanders to use funds 
     available in this title in operation and maintenance to 
     purchase an investment item of not more than $500,000 to meet 
     operational requirements.

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                            AMENDMENT NO. 2

             TITLE X--POLICY RELATING TO OPERATIONS IN IRAQ


      sense of congress regarding united states military personnel

       Section 10001 includes a sense of the Congress commending 
     the performance, courage, and sacrifice of the United States 
     military personnel.


         units deployed for combat to be fully mission cabable

       Section 10002 prohibits the use of funds to deploy to Iraq 
     any combat unit of the Armed Forces that is not assessed 
     ``fully mission capable'' of performing their assigned 
     mission to the prescribed standards under the conditions 
     expected in the theater of operation, consistent with the 
     guidelines set forth in the Department of Defense's written 
     policies. These readiness standards may be waived on a unit-
     by-unit basis if the President certifies, in writing, that 
     the deployment of a unit that is not assessed mission capable 
     is required for reasons of national security, and submits 
     along with the certification a report detailing the 
     particular reasons why the unit's deployment is necessary.


                    time limit on combat deployments

       Section 10003 prohibits the use of funds to initiate or 
     execute any order extending the deployment for Operation 
     Iraqi Freedom of any unit of the Army, Army Reserve or Army 
     National Guard beyond 365 days, and any unit of the Marine 
     Corps or Marine Corps Reserve beyond 210 days. This 
     limitation may be waived on a unit-by-unit basis if the 
     President certifies, in writing, that the extension of a 
     unit's deployment in Iraq beyond the period applicable to the 
     unit is required for reasons of national security, and 
     includes in the certification a report detailing the 
     particular reasons why the unit's extended deployment is 
     necessary.


                 dwell time between combat deployments

       Section 10004 prohibits the use of funds to initiate, 
     continue, or execute any order that has the effect of 
     redeploying for Operation Iraqi Freedom any unit of the Army, 
     Army Reserve or Army National Guard if such unit has been 
     deployed within the previous consecutive 365 days, and any 
     unit of the Marine Corps or Marine Corps Reserve if such unit 
     has been deployed within the previous 210 consecutive days. 
     This limitation may be waived on a unit-by-unit basis if the 
     President certifies, in writing, that the redeployment of a 
     unit in advance of the expiration of the period applicable to 
     the unit is required for reasons of national security, and 
     includes in the certification a report detailing the 
     particular reasons why the unit's early redeployment is 
     necessary.


                 limitation on interrogation techniques

       Section 10005 provides that no person in the custody or 
     under the effective control of an element of the intelligence 
     community, including contractors and subcontractors at any 
     tier of the element of the intelligence community, shall be 
     subject to any treatment or technique of interrogation not 
     authorized by the U.S. Army Field Manual on Human 
     Intelligence Collector Operations.


     registration with the international committee of the red cross

       Section 10006 prohibits the use of funds to detain any 
     individual in the custody or under the effective control of 
     an element of the intelligence community, including 
     contractors and subcontractors at any tier of the element of 
     the intelligence community, unless the International 
     Committee of the Red Cross is provided notification of the 
     detention of and access to such person in a timely manner and 
     consistent with the practices of the Armed Forces of the 
     United States.


                 prohibition of permanent bases in iraq

       Section 10007 prohibits the use of funds to establish a 
     permanent base in Iraq or to exercise United States control 
     over any oil resource of Iraq.


      limitation on defense agreements with the government of iraq

       Section 10008 prohibits the use of funds to negotiate, 
     enter into, or implement any agreement with the Government of 
     Iraq that includes security assurances for mutual defense, 
     unless the agreement is in the form of a treaty requiring the 
     advice and consent of the Senate, or is specifically 
     authorized by a law enacted after the date of enactment of 
     this Act.


  prohibition on agreements subjecting armed forces to iraqi criminal 
                              jurisdiction

       Section 10009 prohibits the use of funds to negotiate, 
     enter into, or implement an agreement with the Government of 
     Iraq that would subject members of the United States Armed 
     Forces to the jurisdiction of Iraq criminal courts or 
     punishment under Iraq law.


         requirement for matching funds from government of iraq

       Section 10010 prohibits the use of funds for assistance for 
     Iraq, including training, capacity building, and construction 
     and repair of infrastructure, unless the funds are matched by 
     the Government of Iraq on a dollar-for-dollar basis. The 
     provision also requires a new report by the Secretary of 
     Defense on the Budget of the Government of Iraq, to be 
     included in the Secretary's quarterly report on Progress 
     Toward Stability in Iraq.


             partial reimbursement from iraq for fuel costs

       Section 10011 requires that, within 90 days of enactment of 
     this Act, the President shall complete an agreement with the 
     Government of Iraq to subsidize fuel costs for United States 
     Armed Forces operating in Iraq, so that the price of fuel for 
     those forces is equal to the discounted price that is 
     provided for domestic Iraqi consumption. Funds provided under 
     the heading ``Operation and Maintenance, Defense-Wide'' for 
     the Secretary of Defense or Washington Headquarters Services 
     may not be obligated or expended until such agreement is 
     complete and the President transmits a report on that 
     agreement to the House and Senate Committees on 
     Appropriations. This limitation on funding may be waived by 
     the President upon certification that it is in the national 
     security interests of the United States.


      timetable for redeployment of united states forces from iraq

       Section 10012 provides for the withdrawal of United States 
     Armed Forces from Iraq, beginning within 30 days of enactment 
     of this Act, with a goal of completing such redeployment 
     within 18 months. After completion of the redeployment, U.S. 
     Armed Forces may be deployed to, or maintained in, Iraq only 
     to the extent necessary to carry out the following missions: 
     protecting diplomatic facilities, Armed Forces, and U.S. 
     citizens in Iraq; conducting limited training of, equipping, 
     and providing logistical and intelligence support to Iraqi 
     security forces; and engaging in targeted counterterrorism 
     operations against al-Qaeda, groups affiliated with al-Qaeda, 
     and other terrorist organizations in Iraq.
       This section requires the Secretary of Defense to submit to 
     Congress no later than July 1, 2008, and every 90 days 
     thereafter, a report providing a description of current 
     efforts and future plans to reduce and transition U.S. Armed 
     Forces to a limited presence in Iraq. The section also 
     includes a requirement that, within 45 days of enactment of 
     this Act, the Secretary of State shall provide to the House 
     and Senate Committees on Appropriations a strategy for 
     civilian-led post-conflict stabilization and reconstruction 
     assistance for Iraq.

     TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS

        CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS

       This chapter extends current law on the wartime suspension 
     of statutory limitations for military contract fraud 
     prosecutions to the wars in Iraq and Afghanistan. It also 
     extends the statute of limitations to five years after the 
     termination of hostilities, instead of three years as 
     provided in current law.

                 CHAPTER 2--WAR PROFITEERING AND FRAUD

       This chapter establishes a new criminal offense to prohibit 
     profiteering and fraud in Federal contracts associated with 
     military actions, relief, and reconstruction efforts 
     overseas. The penalty is a fine of up to $1,000,000 and/or a 
     prison term not to exceed 20 years.

       CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION MATTERS

       This chapter expands the Military Extraterritorial 
     Jurisdiction Act of 2000 to cover all persons employed under 
     Federal contracts and subcontracts where U.S. Armed Forces 
     are conducting overseas military operations. MEJA provides 
     for the prosecution of an offense that would be punishable by 
     imprisonment for more than one year if committed in the U.S. 
     This chapter also designates the Attorney General as the 
     principal authority for investigation and enforcement of the 
     Act.

                            AMENDMENT NO. 3

 TITLE I--MILITARY CONSTRUCTION, VETERANS, INTERNATIONAL AFFAIRS, AND 
                     OTHER SECURITY-RELATED MATTERS

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     public law 480 title ii grants

       The amended bill provides a total of $850,000,000 to remain 
     available until expended for Public Law 480 Title II Grants 
     for fiscal year 2008. The amended bill provides $350,000,000, 
     as requested, for the urgent humanitarian needs identified by 
     the administration. Further, the amended bill provides an 
     additional $500,000,000 for unanticipated cost increases for 
     food and transportation to be made available immediately.
       In addition, because the need for urgent humanitarian food 
     assistance and continuing volatility of food and 
     transportation costs are expected to continue into fiscal 
     year 2009, the amended bill provides a total of $395,000,000, 
     as requested, to be made available beginning October 1, 2008.

               CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF JUSTICE

                      Office of Inspector General

       The amended bill includes $4,000,000 for the Office of 
     Inspector General. The Inspector General is directed to 
     continue its audit and oversight activities of the Federal 
     Bureau of Investigation's use of National Security Letters 
     (NSLs) and orders for business records, pursuant to Section 
     215 of the USA PATRIOT Act.

[[Page H4013]]

                            Legal Activities


            salaries and expenses, general legal activities

       The amended bill includes $1,648,000 for General Legal 
     Activities for the Criminal Division to provide litigation 
     support services to the Special Inspector General for Iraq 
     Reconstruction for its ongoing investigations and cases 
     involving corruption in the reconstruction of Iraq. The 
     amended bill does not include funding requested to create 
     Iraq and Afghanistan support units within General Legal 
     Activities, Criminal Division. These worthy activities should 
     be supported through funds made available to the departments 
     of State or Defense.

             Salaries and Expenses, United States Attorneys

       The amended bill includes $5,000,000 for the U.S. Attorneys 
     for extraordinary litigation expenses associated with 
     terrorism prosecutions in the United States.

                     United States Marshals Service


                         salaries and expenses

       The amended bill includes $18,621,000 for the U.S. Marshals 
     Service. Within this funding level is $7,951,000 to provide 
     security at high-threat terrorist trials in the United States 
     and $3,700,000 to improve court and witness security in 
     Afghanistan.

                    Federal Bureau of Investigation


                         salaries and expenses

       The amended bill provides $92,169,000 for the Federal 
     Bureau of Investigation (FBI) for operations in Iraq and 
     Afghanistan and for enhanced counterterrorism activities. The 
     FBI is directed to provide the House and Senate Committees on 
     Appropriations with a detailed plan for the obligation of 
     these funds no later than 30 days after the enactment of this 
     Act and to update this plan on a quarterly basis with actual 
     obligations.
       The amended bill also provides $82,600,000 in bridge 
     funding for the FBI to maintain the operations described 
     above into fiscal year 2009.

                    Drug Enforcement Administration


                         salaries and expenses

       The amended bill includes $12,166,000 for the Drug 
     Enforcement Administration to further its narco-terrorism 
     initiative and Operation Breakthrough and to conduct 
     financial investigations.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

       The amended bill includes $4,000,000 for the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives for necessary costs 
     of operations in Iraq.

                         Federal Prison System


                         salaries and expenses

       The amended bill provides $9,100,000 for the Bureau of 
     Prisons to monitor communications of incarcerated terrorists, 
     collect intelligence, and disseminate relevant information to 
     other Federal law enforcement agencies.

         CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

       Iraq.--Central Command has reiterated its intention 
     eventually to consolidate the U.S. force posture in Iraq into 
     four contingency operating bases at Al Asad Air Base, Balad 
     Air Base/Camp Anaconda, Camp Speicher, and Victory Base, as 
     well as four convoy centers at Camp Adder, Korean Village, 
     Qayyarah West, and Scania. The Administration's request has 
     been reviewed for military construction in Iraq to ensure 
     that the recommended projects are consistent with the 
     consolidation plan. The projects included in the amended bill 
     support current operations pursuant to the consolidation 
     plan, as well as force protection and quality of life 
     projects for deployed personnel. Each project request has 
     also been reviewed to ensure consistency with contingency 
     construction standards. The amended bill therefore does not 
     include $183,000,000 for five power plants to replace 
     expeditionary generator sets. The establishment of permanent 
     bases in Iraq is not supported, and the amended bill does not 
     include any funds to establish any such base, or convert any 
     base in Iraq from a temporary to permanent status. The 
     amended bill includes language prohibiting the obligation or 
     expenditure of $533,700,000 provided for Military 
     Construction, Army, and $58,300,000 provided for Military 
     Construction, Air Force, until the Secretary of Defense 
     certifies that none of the funds are to be used for the 
     purpose of providing facilities for permanent basing of U.S. 
     military personnel in Iraq.
       Child Development Centers.--The amended bill recommends a 
     total of $210,258,000 to design and build twenty new child 
     development centers for the Army, Navy, Marine Corps, and Air 
     Force as requested by the Department. The Department should 
     be commended for following the lead of Congress by requesting 
     funds for additional child development centers. The projects 
     included in the amended bill will provide additional space to 
     serve 4,900 children, in addition to the facilities for 
     approximately 3,500 children provided by Congress in the 
     enacted fiscal year 2008 appropriation.
       Trainee and Recruit Facilities.--The amended bill 
     recommends a total of $299,600,000 for eight projects 
     providing barracks and other facilities for Army and Marine 
     Corps trainees and recruits. These projects are included to 
     further the eventual elimination of a large backlog of needed 
     recapitalization for trainee and recruit facilities, and to 
     assist the Army and Marine Corps with their efforts to grow 
     and revitalize the force to continue the global war on 
     terrorism.

                      Military Construction, Army

       The amended bill recommends $1,432,700,000 for Military 
     Construction, Army. The funds are provided as follows: 

[[Page H4014]]

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[[Page H4015]]

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[[Page H4016]]

       Facilities Replacement.--The amended bill recommends 
     $72,000,000 to replace deteriorated expeditionary facilities 
     at a variety of locations throughout Iraq. As CENTCOM has not 
     provided Congress with a final plan for how these funds will 
     be spent, bill language is included prohibiting the 
     obligation or expenditure of these funds until CENTCOM 
     submits a detailed spending plan, including a 1391 form for 
     each project by location.

              Military Construction, Navy and Marine Corps

       The amended bill recommends $423,357,000 for Military 
     Construction, Navy and Marine Corps. The funds are provided 
     as follows: 

[[Page H4017]]

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[[Page H4018]]

       Joint IED Defeat Organization (JIEDDO) Battle Courses.--The 
     amended bill recommends $65,331,000 to construct facilities 
     for enhanced counter-improvised explosive device training in 
     furtherance of the goals of the Joint IED Defeat 
     Organization. These funds address a technical correction in 
     the Administration's fiscal year 2008 Global War on Terror 
     budget request and are offset by a rescission in title IX.

                    Military Construction, Air Force

       The amended bill recommends $409,627,000 for Military 
     Construction, Air Force. The funds are provided as follows: 

[[Page H4019]]

     [GRAPHIC] [TIFF OMITTED] TH15MY08.046
     


[[Page H4020]]

       Joint IED Defeat Organization (JIEDDO) Battle Courses.--The 
     amended bill recommends $6,200,000 to construct facilities 
     for enhanced counter-improvised explosive device training in 
     furtherance of the goals of the Joint IED Defeat 
     Organization. These funds address a technical correction in 
     the Administration's fiscal year 2008 Global War on Terror 
     budget request and are offset by a rescission in title IX.

                  Military Construction, Defense-Wide

       The amended bill recommends $1,009,600,000 for Military 
     Construction, Defense-Wide. The funds are provided as 
     follows: 

[[Page H4021]]

     [GRAPHIC] [TIFF OMITTED] TH15MY08.047
     


[[Page H4022]]

       Medical Treatment Facilities Construction.--There is a 
     great concern with the large backlog of needed 
     recapitalization for medical treatment facilities for 
     military service members and their families. The current 
     Future Years Defense Plan (FYDP) for Tricare Management 
     Activity military construction averages $412,000,000 per year 
     for fiscal years 2009 through 2013, and much of this amount 
     is accounted for by medical research facilities. With the 
     services identifying recapitalization requirements ranging in 
     the several billions of dollars, the current FYDP for medical 
     construction is obviously and severely insufficient. The 
     Department's inventory of medical treatment facilities is 
     riddled with aging hospitals, clinics, and other facilities 
     that do not meet current standards for medical care. Adding 
     to this problem is the fact that several installations are 
     adding thousands of personnel and dependents due to Base 
     Realignment and Closure, the relocation of units from Europe 
     and Korea to the United States, and the Growing the Force 
     initiative that will add 92,000 active duty personnel to the 
     Army and Marine Corps. The amended bill therefore recommends 
     $982,000,000 for additional medical treatment facility 
     construction. These funds will provide for the Army's top two 
     priority hospital replacement projects in the United States 
     as well as a top priority hospital addition/alteration for 
     the Marine Corps. These funds also provide for the planning 
     and design of a new hospital on Guam, the Navy's top priority 
     hospital replacement project.
       The Department of Defense is also directed to develop a 
     comprehensive master plan for medical treatment facilities 
     construction, to include both recapitalization and new 
     requirements. This plan shall include a comprehensive 
     priority list of projects for all services, provide a cost 
     estimate for each project, supply data on the current state 
     of facilities and the projected change in demand for services 
     due to growth for each location on the list, indicate the 
     extent to which identified construction requirements are 
     programmed in the FYDP, and indicate the resources required 
     for associated planning and design work. This report shall be 
     submitted to the Committees on Appropriations no later than 
     December 31, 2008.

           Family Housing Construction, Navy and Marine Corps

       The amended bill recommends $11,766,000 for Family Housing 
     Construction, Navy and Marine Corps. The funds are provided 
     as follows: 

[[Page H4023]]

     [GRAPHIC] [TIFF OMITTED] TH15MY08.048
     


[[Page H4024]]

            Department of Defense Base Closure Account 2005

       The amended bill recommends $1,354,634,000 for Department 
     of Defense Base Closure Account 2005 instead of 
     $1,202,886,000 as requested by the Administration. The amount 
     provided fully funds the Administration's request to expedite 
     medical facility construction at Bethesda and Fort Belvoir, 
     and in addition provides $938,724,000 to fully fund the 
     fiscal year 2008 budget for BRAC 2005.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

       The amended bill recommends $100,000,000 for General 
     Operating Expenses to implement the provisions of title III 
     of this Act.


                     INFORMATION TECHNOLOGY SYSTEMS

       The amended bill recommends $20,000,000 for Information 
     Technology Systems to implement the provisions of title III 
     of this Act, including support for any personnel increases 
     within the Veterans Benefits Administration.

                    GENERAL PROVISION, THIS CHAPTER

       The amended bill includes a general provision related to 
     the Armed Forces Institute of Pathology.

         CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

     SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                              Introduction

       The budget request totals $5,073,608,000 in emergency 
     supplemental funds for fiscal year 2008, and the State, 
     Foreign Operations Appropriations Act, 2008 (Public Law 110-
     161) provided $1,473,800,000 for immediate requirements. The 
     amended bill provides for Department of State and Foreign 
     Operations a total of $5,073,608,000, the same as the pending 
     budget request.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The budget request included $2,283,008,000 for Diplomatic 
     and Consular Programs, of which $575,000,000 was appropriated 
     in the State, Foreign Operations Appropriations Act, 2008 
     (Public Law 110-161) for operations and security at the 
     United States Embassy in Iraq.
       The amended bill includes $1,606,808,000 for Diplomatic and 
     Consular Programs, which is $101,200,000 below the pending 
     request. Within the amount provided, $210,508,000 is for 
     worldwide security protection. Funds for diplomatic and 
     consular programs are to be allocated as follows:

                                        DIPLOMATIC AND CONSULAR PROGRAMS
                                                [$ in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                      Pending                       Change from
                            Activity                                  request      Amended bill       request
----------------------------------------------------------------------------------------------------------------
Iraq Diplomatic Operations......................................       1,545,608       1,295,000        -250,608
Afghanistan--Operations and Worldwide Security Protection.......         162,400         205,200          42,800
Pakistan--Operations............................................               0           7,500           7,500
Western Hemisphere Travel Initiative............................               0           1,000           1,000
Global Worldwide Security Protection............................               0          48,108          48,108
Civilian Workforce Initiative...................................               0          50,000          50,000
                                                                 -----------------------------------------------
    Total, Diplomatic and Consular Programs.....................       1,708,008       1,606,808        -101,200
----------------------------------------------------------------------------------------------------------------

       Afghanistan.--Within the total, the amended bill includes 
     $205,200,000, which is $42,800,000 above the request, and is 
     for necessary expenses for diplomatic and security operations 
     in Afghanistan. Of this amount, $162,400,000 is for enhanced 
     security operations, including additional high threat 
     protection teams, increased overhead cover and physical 
     security measures, replacement of armored vehicles, and local 
     guard service. In addition, $24,000,000 is for the 
     establishment of a Department of State-managed air transport 
     capability in Afghanistan for Department of State and United 
     States Agency for International Development (USAID) personnel 
     to manage country programs, provide support for medical 
     evacuation and other security-related operations. Finally, 
     $18,800,000 is for support of operations and personnel for 
     Provincial Reconstruction Teams (PRTs) in Afghanistan.
       Pakistan.--The amended bill includes $7,500,000 for 
     operations, security, and personnel engaged in diplomatic 
     activities aimed at promoting economic development and 
     political change in the Federally Administered Tribal Areas 
     (FATA) along the Pakistan and Afghanistan border.
       Iraq.--Within the total, $1,295,000,000 is for the 
     diplomatic and security operations of the United States 
     Mission in Iraq, which is $250,608,000 below the pending 
     request. The cost of operations of the United States Embassy 
     in Iraq totals $2,286,000,000 for fiscal year 2008 including 
     $1,295,000,000 provided in this Act, $575,000,000 provided 
     as bridge funding in Public Law 110-161 and $416,000,000 
     in funds carried over from prior year appropriations. Of 
     that amount, nearly $900,000,000 is for supporting 
     security requirements for diplomatic and development 
     personnel in Iraq. The amended bill includes funding for 
     mission operations, security, logistics support, 
     information technology and operations of PRTs. Congress 
     has provided an additional $196,543,000 since fiscal year 
     2006 for additional facilities requirements identified by 
     the Department of State, as follows: extend the perimeter 
     wall; construct a dining facility; construct additional 
     housing; construct a tactical operations center for 
     Diplomatic Security; construct a static guard camp; and 
     construct overhead cover. The actual cost of building the 
     New Embassy Compound (NEC) has reached a total of 
     $788,543,000 to date.
       The number of permanent and temporary personnel assigned to 
     Iraq, with the exception of USAID, should be decreased to 
     accommodate all personnel within the NEC and any improvements 
     can be made with previously appropriated funds. USAID will 
     play a critical role in assisting the Government of Iraq in 
     effectively allocating its budgetary resources.
       The additional $43,804,000 requested for follow-on projects 
     for the NEC in Baghdad is not included. At least $77,027,000 
     in prior year funding programmed for follow-on projects is 
     available for obligation and these funds should be used to 
     provide secure housing for a smaller number of personnel.
       None of the funds provided under this heading in this Act 
     shall be made available for follow-on projects, other than 
     the proposed funding for overhead cover. The Department 
     should include a detailed plan for the use of funds for 
     follow-on projects as part of the spending plan required by 
     this Act.
       Due to an extended accreditation and verification process 
     and the addition of follow-on projects, occupancy of the NEC 
     offices and housing has been delayed. This rigorous process 
     to address and validate whether the NEC was constructed to 
     code and contract specifications was supported. Now that the 
     process is complete, direct occupancy of the offices and 
     housing should proceed without delay in order to provide the 
     maximum protection to United States personnel.
       The benefits of co-location of the Departments of State and 
     Defense in the NEC are recognized. However, the proposed New 
     Office Building (NOB) and the Interim Office Building (IOB) 
     reconfigurations are projected to delay occupancy of NEC 
     offices by up to one year. Given the difficult security 
     environment in Baghdad, this lengthy delay is not acceptable. 
     The Departments of State and Defense are expected to consult 
     with the Committees on Appropriations on options for moving 
     forward with limited co-location plans in the most 
     accelerated, secure, and cost effective manner. Any future 
     construction in Iraq shall be subject to the Capital Security 
     Cost Sharing Program, in the same manner as all other embassy 
     construction projects worldwide.
       There is a concern that private security contractors have 
     been relied upon without the necessary authority, oversight, 
     or accountability. The Department of State is directed to 
     provide a report to the Committees on Appropriations not 
     later than 45 days after enactment of this Act on the 
     implementation status of each of the recommendations of the 
     October 2007 report of the Secretary of State's Panel on 
     Personal Protective Services. The Department of State is 
     encouraged to aggressively review security procedures and 
     seek the necessary authority to ensure that increased 
     security is achieved.
       Sudan.--The amended bill includes resources to support the 
     diplomatic mission in Sudan including the United States 
     Special Envoy for Sudan.
       Local Guard Forces-Worldwide Security Protection.--The 
     amended bill also includes $48,108,000 above the request for 
     global worldwide security protection. The amount provided is 
     available to restore 100 positions in the global diplomatic 
     security guard force that were redirected to Iraq to address 
     urgent security requirements for United States personnel 
     elsewhere in the world.
       Civilian Workforce Initiative.--The amended bill includes 
     $50,000,000 to increase the civilian diplomatic capacity of 
     the Department of State to meet the increasing and complex 
     demands of diplomacy in the 21st century. Within the total, 
     $30,000,000 is for the initial development and deployment of 
     a civilian capacity to respond to post-conflict stabilization 
     and reconstruction challenges and $20,000,000 is to 
     strengthen capabilities of the United States diplomatic corps 
     and promote broader engagement with the rest of the world, 
     including expanding training and enhanced interagency 
     collaboration.
       The amended bill includes funds to replace Foreign Service 
     positions worldwide which were previously moved to Iraq and 
     to increase the number of positions participating in critical 
     needs foreign language training. The Department of State has 
     transferred approximately 300 Foreign Service positions from 
     embassies around the world to Iraq and to associated language 
     training, leaving key posts understaffed. These funds are to 
     be used to support United States foreign policy in priority, 
     understaffed regions, particularly South and East Asia, the 
     Western Hemisphere, and Africa.
       Funds made available for the civilian stabilization 
     initiative are for the Active and Standby Response Corps 
     portion of the initiative and to enhance operations of the 
     Office of the Coordinator for Reconstruction and 
     Stabilization. In addition to the funds provided to the 
     Department of State, $20,000,000 is appropriated in this Act 
     under the heading, ``Operating Expenses of the United States 
     Agency for International Development'' to implement the USAID 
     portion of the civilian stabilization initiative. The funding 
     request for the Civilian Response Corps will be considered as 
     part of the fiscal year 2009 appropriations process and none 
     of the funds provided in this Act are to be used to implement 
     the civilian response corps portion of the initiative.

[[Page H4025]]

       Middle East Peace Process.--The diplomatic operations that 
     accompany the Middle East peace process are supported in 
     fiscal year 2008. The Department of State should consult with 
     the Committees on Appropriations on the use of funds for this 
     purpose.
       Directorate of Defense Trade Controls.-- Increased demands 
     on the Directorate of Defense Trade Controls' Office of 
     Defense Trade Controls Licensing have led to delays in 
     license processing. The Secretary of State is directed to 
     review the workload demands and staffing needs of the office 
     and report any recommendations to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act.
       Western Hemisphere Travel Initiative.--The amended bill 
     includes not less than $1,000,000 to expand public outreach 
     efforts related to implementation of the Western Hemisphere 
     Travel Initiative (WHTI). With WHTI implementation occurring 
     as early as June 2009, there is concern about the lack of a 
     comprehensive, coordinated plan between the Department of 
     State, the Department of Homeland Security, and the United 
     States Postal Service to broadly disseminate information 
     to the traveling public concerning the final WHTI 
     implementation requirements at the nation's land and 
     seaports. The Department of State is encouraged to provide 
     significantly increased outreach to border communities, 
     including through radio, print media, and additional 
     passport fairs.
       Buying Power Maintenance Account.--The amended bill 
     includes authority to transfer funds available in this Act, 
     and in a prior Act, to the Buying Power Maintenance Account 
     in accordance with section 24 of the State Department Basic 
     Authorities Act, to manage exchange rate losses in fiscal 
     year 2008.


                      office of inspector general

                     (including transfer of funds)

       The amended bill includes an additional $7,500,000 for 
     Office of Inspector General at the Department of State, which 
     is $7,500,000 above the pending request. Of the total, 
     $5,000,000 is to enhance the Department of State Inspector 
     General's oversight of programs in Iraq and Afghanistan, and 
     $2,500,000 is for operations of the Special Inspector General 
     for Iraq Reconstruction (SIGIR).
       The Inspectors General of USAID, the Department of State, 
     the Department of Defense, the Government Accountability 
     Office, SIGIR, and the Special Inspector General for 
     Afghanistan Reconstruction, to the maximum extent 
     practicable, should coordinate and de-conflict all activities 
     related to oversight of security, stability, and 
     reconstruction programs in Iraq and Afghanistan. The 
     Department of State or the USAID Office of Inspector General 
     should be designated as the lead for any investigations or 
     audits of worldwide programs as they relate to the specific 
     programs in Iraq or Afghanistan.


            embassy security, construction, and maintenance

       The amended bill includes $76,700,000 for urgent embassy 
     security, construction, and maintenance costs, which is 
     $83,300,000 below the request. The funds are to construct 300 
     secure apartments and a secure office building, including the 
     necessary perimeter security, utility, and dining facilities, 
     for United States Mission staff in Afghanistan. Currently, 
     there are a small number of permanent construction apartments 
     and the majority of diplomatic and Mission personnel live in 
     structures with limited protection. Additional funds for this 
     purpose are provided in subchapter B.

                      International Organizations


              contributions to international organizations

       The amended bill includes $53,000,000 for Contributions to 
     International Organizations, which is for United States 
     contributions to the UN Assistance Mission in Afghanistan and 
     the UN Assistance Mission in Iraq, as requested.
       The Department of State is directed, not later than 45 days 
     after enactment of this Act, to provide a report to the 
     Committees on Appropriations detailing total United States-
     assessed contributions, any arrears from prior years and 
     potential arrears for fiscal years 2008 and 2009 for each of 
     the organizations funded under this heading.


        contributions for international peacekeeping activities

       The budget request included $723,600,000 for Contributions 
     for International Peacekeeping Activities, of which 
     $390,000,000 of funds designated as an emergency was provided 
     in the State, Foreign Operations Appropriations Act, 2008 
     (Public Law 110-161) for the United States Contribution to 
     the United Nations/African Union hybrid peacekeeping mission 
     to Darfur (UNAMID).
       The amended bill includes $333,600,000 for UNAMID, which is 
     the same as the request.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                   international disaster assistance

       The budget request included $80,000,000 for International 
     Disaster Assistance. The State, Foreign Operations 
     Appropriations Act, 2008 (Public Law 110-161) provided 
     $110,000,000 for emergency humanitarian requirements.
       The amended bill includes $200,000,000 for International 
     Disaster Assistance, which is $200,000,000 above the pending 
     request. These funds should be used to respond to urgent 
     humanitarian requirements worldwide, including in countries 
     severely affected by the international food crisis.
       The amended bill also includes funds under this heading and 
     the heading ``Development Assistance'' in subchapter B to 
     help address the international food crisis. Programs should 
     address both rural and urban food requirements. Funds are 
     also available to augment humanitarian assistance to those 
     affected by Cyclone Nargis in Burma, and the recent 
     earthquake in China.


   operating expenses of the united states agency for international 
                              development

       The budget request included $61,800,000 for Operating 
     Expenses of the United States Agency for International 
     Development, of which $20,800,000 was provided in the State, 
     Foreign Operations Appropriations Act, 2008 (Public Law 110-
     161) for operations in Iraq.
       The amended bill includes $142,000,000 for Operating 
     Expenses of the United States Agency for International 
     Development.
       Of the funds provided under this heading, the amended bill 
     includes $41,000,000 to continue support for security needs 
     in Iraq and Afghanistan, which is the same as the request. In 
     addition, $31,500,000 is included to increase support for 
     staffing, security, and operating needs in Afghanistan and 
     Sudan, and $19,500,000 in Pakistan.
       The amended bill also includes $20,000,000 to support the 
     development of the Active and Standby Response Corps portion 
     of the Civilian Stabilization Initiative and none of the 
     funds provided in this Act may be used to develop the 
     Civilian Response Corps. Additional funding for this 
     initiative is provided in the ``Diplomatic and Consular 
     Programs'' account for the Department of State portion of the 
     initiative.
       In addition, the amended bill includes $30,000,000 to 
     enable USAID to hire above attrition in fiscal year 2008. The 
     Administration's request for fiscal year 2009 includes 
     $92,000,000 for hiring 300 USAID foreign service officers as 
     part of a three-year initiative. Funding provided in this Act 
     is intended to support the hiring of at least 85 additional 
     Foreign Service officers in fiscal year 2008 in order to 
     begin rebuilding the capacity of the Agency to carry out its 
     mission. USAID is directed to consult with the Committees on 
     Appropriations on the use of these funds and to recruit mid-
     career personnel. As USAID seeks to strengthen its workforce, 
     USAID is encouraged to consult with the Department of Defense 
     on ways to benefit from the experience of retiring officers.


   operating expenses of the united states agency for international 
                              development

                    office of the inspector general

       The amended bill includes an additional $4,000,000 for the 
     United States Agency for International Development Office of 
     Inspector General to support increased oversight of programs 
     in Iraq and Afghanistan.

                  Other Bilateral Economic Assistance


                         economic support fund

       The budget request included $2,217,000,000 for Economic 
     Support Fund (ESF), of which $208,000,000 was provided in the 
     State, Foreign Operations Appropriations Act, 2008 (Public 
     Law 110-161) for emergency requirements in the West Bank and 
     in North Korea, as requested.
       The amended bill includes a total of $1,747,000,000 for 
     ESF. Of the funds requested under ESF, $75,000,000 is 
     provided under the heading Democracy Fund for political 
     development programs for Iraq. Funds are to be allocated as 
     follows:

                          ECONOMIC SUPPORT FUND
                            [$ in thousands]
------------------------------------------------------------------------
                   Country and region                      Amended bill
------------------------------------------------------------------------
Iraq....................................................         440,000
Afghanistan.............................................         859,000
Mexico..................................................          20,000
Central America.........................................          15,000
West Bank...............................................         100,000
North Korea.............................................          53,000
Jordan..................................................         150,000
Sudan...................................................          45,000
Africa..................................................          40,000
Bangladesh..............................................          25,000
                                                         ---------------
    Total...............................................       1,747,000
------------------------------------------------------------------------

       Iraq.--The amended bill includes $440,000,000 for Iraq, 
     which is $357,000,000 below the request. The sums provided 
     should enable the Department of State and USAID to continue 
     programs in Iraq through the end of fiscal year 2008 and into 
     the first two quarters of fiscal year 2009.
       After providing more than $45,000,000,000 to help rebuild 
     Iraq, the United States should seek to reduce bilateral 
     assistance levels, and correspondingly to reduce the number 
     of Department of State personnel involved in the 
     reconstruction effort who are located in Iraq. Continued 
     United States assistance for Iraq is supported, but the 
     Government of Iraq is required to match such assistance 
     dollar-for-dollar, with certain exceptions.
       Funds provided for Iraq are to be allocated as follows:

                                                  IRAQ PROGRAMS
                                                [$ in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                    Pending FY                      Change from
                            Activity                               2008 request    Amended bill       request
----------------------------------------------------------------------------------------------------------------
Provincial Reconstruction Teams (PRTs)..........................         165,000         140,000         -25,000
Provincial Reconstruction Development Councils..................         100,000          85,000         -15,000
Local Governance Program........................................          65,000          55,000         -10,000
Community Stabilization Program (CSP)...........................         155,000         100,000         -55,000

[[Page H4026]]

 
Community Action Program (CAP)..................................               0          75,000          75,000
Infrastructure Security Protection for Oil, Water and                     70,000               0         -70,000
 Electricity....................................................
Operations and Maintenance of Key USG-Funded Infrastructure.....         134,000          10,000        -124,000
Iraqi-American Enterprise Fund..................................          25,000               0         -25,000
Provincial Economic Growth (including Agriculture and                          0          40,000          40,000
 Microfinance)..................................................
National Capacity Development...................................         248,000          70,000        -178,000
Marla Fund......................................................               0           5,000           5,000
                                                                 -----------------------------------------------
    Total.......................................................         797,000         440,000        -357,000
----------------------------------------------------------------------------------------------------------------

       Community Action Program (CAP).--The amended bill includes 
     $75,000,000 for continued support for the Community Action 
     Program.
       Community Stabilization Program (CSP).--Within the amount 
     provided for Iraq, $100,000,000 is for the CSP, which is 
     $55,000,000 below the request. Recent findings of a March 18, 
     2008 USAID Inspector General audit (E-267-08-001-P) of 
     possible fraud and misuse of some of the funds under this 
     program are of concern. Therefore the amended bill withholds 
     50 percent of funding until the Secretary of State certifies 
     and reports that USAID is implementing recommendations 
     contained in the audit to ensure proper use of funds.
       Enterprise Fund.--The amended bill includes no funding for 
     an enterprise fund for Iraq and includes a general provision 
     specifically denying the establishment of such an enterprise 
     fund from this or any prior Acts.
       Infrastructure Security Protection for Oil, Water, and 
     Electricity.--The amended bill does not include funding for 
     these functions, which should be supported by the Government 
     of Iraq.
       Operations and Maintenance of Key U.S. Government-Funded 
     Infrastructure.--The amended bill includes $10,000,000 for 
     Operations and Maintenance of key United States government-
     funded infrastructure, which is $124,000,000 below the 
     request. These functions should be funded by the Government 
     of Iraq and this Act includes sufficient funding to allow the 
     United States to provide technical assistance and training. 
     In addition, the amended bill conditions the funds on the 
     signing and implementation of an asset transfer agreement 
     between the United States and Iraq.
       Marla Ruzicka Iraqi War Victims Fund.--The amended bill 
     includes $5,000,000 for the Marla Ruzicka Iraqi War Victims 
     Fund for continued assistance for Iraqi civilians who suffer 
     losses as a result of the military operations.
       Provincial Economic Growth.--The amended bill includes 
     $40,000,000 for provincial economic growth activities, of 
     which $10,000,000 should be available for programs to assist 
     vulnerable Iraqi minority groups, including Christians. The 
     Secretary of State should designate staff at United States 
     Embassy Baghdad to oversee and coordinate such assistance.
       National Capacity Development (NCD).--Within the amount 
     provided in ESF for Iraq, $70,000,000 is provided for NCD, 
     which is $178,000,000 below the request.
       Afghanistan.--The amended bill includes $859,000,000 in ESF 
     for Afghanistan, which is $25,000,000 above the request.
       USAID is directed to review its reconstruction efforts in 
     Afghanistan; focus its assistance, including capacity 
     building, through local Afghan entities; give greater 
     attention to accountability and monitoring to minimize 
     corruption; and emphasize programs which directly improve the 
     economic, social, and political status of Afghan women and 
     girls. Funds provided for Afghanistan are to be allocated as 
     follows:

                                              AFGHANISTAN PROGRAMS
                                                [$ in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                    Pending FY                      Change from
                            Activity                               2008 request    Amended bill       request
----------------------------------------------------------------------------------------------------------------
Roads...........................................................         329,000         200,000        -129,000
Power...........................................................         175,000         150,000         -25,000
Trade and Investment............................................           5,000           7,000           2,000
Rural Development/Alternate Livelihoods.........................               0          65,000          65,000
Governance and Capacity Building................................         275,000         230,000         -45,000
2009 Elections..................................................         100,000          70,000          30,000
Provincial Reconstruction Teams (PRTs)/Provincial...............               0          50,000          50,000
Health and Education............................................          50,000          75,000          25,000
Civilian Assistance Program.....................................               0          10,000          10,000
NATO Fund.......................................................               0           2,000           2,000
                                                                 -----------------------------------------------
    Total.......................................................         834,000         859,000          25,000
----------------------------------------------------------------------------------------------------------------

       Roads.--The amended bill includes $200,000,000 for roads, 
     which is $129,000,000 below the request. An additional 
     $300,000,000 for road construction in Afghanistan has been 
     requested through the Department of Defense under the 
     Commanders Emergency Response Program.
       Power.--The amended bill includes $150,000,000 for power, 
     which is $25,000,000 below the request. The request includes 
     funding for gas and diesel power projects and there is a 
     concern that diesel generators are costly to maintain and 
     will exacerbate Kabul's already heavily polluted air. The 
     completion of the north-south transmission line to enable 
     Afghanistan to purchase electricity from its northern 
     neighbors for distribution to other areas of the country is 
     supported. Funding for the Northern Electrical Power System 
     or the Shebergan Gas-Fired Plant is not included.
       The World Bank should play a larger role in financing such 
     infrastructure projects. It is noted that Afghanistan has 
     considerable potential for small hydro and solar power 
     development to service Afghanistan's many remote communities 
     that have no other access to electricity, and directs that 
     not less than $15,000,000 of the funds be used for renewable 
     energy projects in rural areas.
       Rural Development and Alternative Livelihoods.--The amended 
     bill includes $65,000,000 for rural development and 
     alternative livelihood programs and an additional $65,000,000 
     for counternarcotics under the ``International Narcotics 
     Control and Law Enforcement'' account to expand and scale up 
     counternarcotics programs in Afghanistan. The Administration 
     did not request funding for counternarcotics. The Secretary 
     of State is directed to consult with the Committees on 
     Appropriations on the use of these funds.
       Provincial Reconstruction Teams.--The amended bill provides 
     $50,000,000 for PRTs in Afghanistan. The Administration did 
     not request funds for this purpose.
       Governance and Capacity Building.--The amended bill 
     provides $230,000,000 for governance and capacity building 
     programs, which is $45,000,000 below the request, to fund 
     rule of law, human rights, local and national capacity 
     building, and elections assistance. Of the amounts provided, 
     not less than $65,000,000 shall be for the National 
     Solidarity Program to support small-scale development 
     initiatives; and not less than $70,000,000 shall be for 
     preparations for the 2009 elections. The funding shall be 
     programmed in a manner consistent with the Afghan National 
     Development Strategy.
       Civilian Assistance.--The amended bill includes $10,000,000 
     for USAID's Afghan Civilian Assistance Program to continue 
     assistance for civilians who have suffered losses as a result 
     of the military operations, and $2,000,000 for the NATO/ISAF 
     Post-Operations Humanitarian Relief Fund.
       Pakistan.--The amended bill does not include $60,000,000 
     requested for Pakistan. These needs are addressed in funding 
     appropriated in the fiscal year 2009 bridge.
       Jordan.--The amended bill includes $150,000,000 for 
     economic assistance to Jordan, which is $150,000,000 above 
     the request. The government of Jordan remains a key ally and 
     has played a leading role in supporting peace initiatives in 
     the Middle East. Programming of these resources should be 
     done in consultation with the Government of Jordan and 
     refugee relief organizations and should be used to meet the 
     needs of Iraqi refugees.
       West Bank.--The amended bill includes not more than 
     $100,000,000 for economic assistance for the West Bank, which 
     is $95,000,000 below the request. The Administration has an 
     unobligated balance of $120,000,000 for economic assistance 
     for the West Bank from funds appropriated in prior acts. The 
     additional sums appropriated in this Act will provide 
     sufficient resources to continue programs for an additional 
     year at the current rate of expenditure. The Department of 
     State is directed to provide a report to the Committees on 
     Appropriations not later than 90 days after the enactment of 
     this Act on how United States economic assistance for the 
     West Bank supports the larger Palestinian Reform and 
     Development Plan as well as a description of other donor 
     support of this plan. The report should describe how 
     assistance from the United States and other donors will 
     improve conditions in the West Bank, including through job 
     creation and housing programs.
       Sudan.--The amended bill includes $45,000,000 for 
     assistance for Sudan to support election-related activities.
       Africa.--The amended bill includes $40,000,000 for 
     assistance for Africa to address political transitions in 
     Kenya, Zimbabwe, the Democratic Republic of the Congo, 
     northern Uganda, and eastern Chad.
       Mexico.--The amended bill includes $20,000,000 for 
     assistance for Mexico for institution building and support of 
     civil society. Funding for these purposes was requested 
     through the International Narcotics and Law Enforcement 
     (INCLE) account. The amended bill includes $5,000,000 for 
     human rights training for police, prosecutors, and prison 
     officials; $3,000,000 for victim and witness protection; and 
     $3,000,000 to support NGOs and civil society. The amended 
     bill also includes $5,000,000 for a literacy program for 
     local police. USAID is encouraged to work with non-
     governmental organizations, civil society, and local 
     police to replicate the literacy program being implemented 
     in Nezahualcoyotl, Mexico. The amended bill also includes 
     funding for the Office of the UN High Commissioner for 
     Human Rights in Mexico. The Department of State is 
     directed to work with the UN and civil society 
     organizations in Mexico to promote respect for 
     international human rights at all levels of the Mexican 
     Government.
       Central America.--The amended bill includes $15,000,000 for 
     Central America in fiscal year 2008, in addition to funds 
     otherwise made available for assistance for countries in 
     Central America for a program to be called the ``Economic and 
     Social Development Fund for Central America'', to be 
     administered by USAID, in consultation with the Department of 
     State. The purpose of the program is to promote economic and 
     social development and good governance in targeted, low-
     income areas, including rural communities, where people are 
     particularly

[[Page H4027]]

     vulnerable to drug trafficking and related violent crime. 
     These funds should support programs that emphasize community 
     initiatives and public-private partnerships. United States 
     funds should be matched with contributions from public and 
     private sources to the maximum extent practicable. USAID is 
     directed to consult with the Committees on Appropriations 
     prior to the obligation of these funds.
       North Korea.--The amended bill includes up to $53,000,000 
     for assistance for North Korea in support of the goals of the 
     Six-Party talks, which is the same as the request. This is in 
     addition to the $53,000,000 appropriated in division J of 
     Public Law 110-161. The recommendation also includes a 
     proviso conditioning the obligation of the assistance for 
     North Korea on the Secretary of State reporting to the 
     Committees on Appropriations that North Korea is continuing 
     to fulfill its commitments under the Six-Party Talks 
     agreements.
       Bangladesh.--The amended bill includes $25,000,000 for 
     assistance for Bangladesh for cyclone recovery and 
     reconstruction assistance.

                          DEPARTMENT OF STATE

                             Democracy Fund

       The amended bill includes $75,000,000 for Democracy Fund 
     programs, requested under the heading ``Economic Support 
     Fund'', for democracy activities in Iraq. These funds are 
     intended to be made available through nongovernmental 
     organizations, including the National Endowment for Democracy 
     and the United States Institute for Peace.


          international narcotics control and law enforcement

       The amended bill includes $419,300,000 for International 
     Narcotics Control and Law Enforcement activities in 
     Afghanistan, Iraq, Mexico, Central America, Haiti, the 
     Dominican Republic, and the West Bank, which is $314,700,000 
     below the request.
       Iraq.--The amended bill provides $85,000,000 for Iraq for 
     justice and rule of law programs, which is $74,000,000 below 
     the request. Funding for prison construction is not included.
       Afghanistan.--The amended bill includes $65,000,000, which 
     is $65,000,000 above the request, to accelerate and expand 
     programs to strengthen counternarcotics efforts, to improve 
     the training of the Afghan police, including border police, 
     to advance the development of institutional capacity 
     professionalism of the justice sector, and to help facilitate 
     cooperation between the police and the judiciary at both the 
     national and regional levels. The Department of State is 
     directed to report to the Committees on Appropriations not 
     later than 180 days after enactment of this Act on the level 
     of counternarcotics cooperation by the Government of 
     Afghanistan at the national and regional level and should 
     detail, nationally and by province, the steps that the 
     Government of Afghanistan is taking to arrest and prosecute 
     leaders of Afghan drug cartels; disarm and disband private 
     militias; and end corruption among national and provincial 
     police forces.
       Central America.--The amended bill includes $29,300,000 for 
     assistance for Belize, Costa Rica, El Salvador, Guatemala, 
     Honduras, Nicaragua, and Panama, and an additional $5,000,000 
     for Haiti and the Dominican Republic under the Merida 
     Initiative. Although funding was requested only through the 
     INCLE account, funding for the Merida Initiative is provided 
     in the accounts from which such activities are traditionally 
     funded. The amended bill provides funding for specialized 
     police training and non-lethal equipment to strengthen the 
     law enforcement and criminal justice institutions for the 
     purpose of combating drug trafficking and related violent 
     crime and increasing the capacity and professionalism of 
     Central American police forces. The impunity within the 
     military and police forces of several of these countries is 
     of concern, and their justice systems are corrupt and 
     ineffective. There is a concern that United States assistance 
     may be wasted or misused and therefore the Secretary of State 
     is directed to submit a report, prior to the obligation of 
     funds, on mechanisms in place to ensure adequate monitoring 
     of funds.
       The Secretary of State is directed to submit a report not 
     more than 90 days after enactment of this Act detailing 
     efforts by the Guatemalan Government to propose and promote 
     legislation to raise the necessary revenues in Guatemala to 
     fund comprehensive judicial and law enforcement reform.
       The omission of Haiti and the Dominican Republic from the 
     request for the Merida Initiative makes it more likely that 
     these vulnerable countries would become increasingly favored 
     transit routes for drug traffickers. The amended bill 
     includes $2,500,000 for Haiti and $2,500,000 for the 
     Dominican Republic as part of the Merida Initiative to 
     support counternarcotics and border security programs, and 
     institution-building and rule of law programs.
       Mexico.--There is a shared responsibility between the 
     United States and Mexico to combat drug trafficking and 
     related violent crime. The amended bill supports a 
     cooperative partnership between Mexico and the United States 
     and supports coordinated security. The amended bill includes 
     $210,000,000 to enable the Government of Mexico to expand and 
     modernize its immigration database and document verification 
     system, establish secure communications for Mexican national 
     security agencies, procure non-intrusive inspection 
     equipment, and support interdiction efforts as well as 
     institution- building. The amended bill includes $10,000,000 
     for demand reduction and drug rehabilitation activities; 
     $3,000,000 to provide technical and other assistance to 
     enable the Government of Mexico to put into service a 
     unified national police registry; and not more than 
     $24,000,000 for program development and support.
       Corruption and impunity within Mexico's armed forces and 
     police are pervasive. Additionally, Mexican law enforcement 
     and intelligence agencies have frequently persecuted 
     legitimate groups for engaging in peaceful dissent. 
     Recommendations of the National Human Rights Commission are 
     often ignored and investigations of violations of human 
     rights by Mexican military and police forces rarely result in 
     convictions. Therefore, the Secretary of State is directed to 
     report to the Committees on Appropriations prior to the 
     obligation of assistance that mechanisms are in place in 
     order to ensure proper vetting of recipients of United States 
     assistance. Additionally, the amended bill provides resources 
     to ensure a comprehensive database for vetting military and 
     police forces shall be established by the United States 
     Embassy in Mexico City and continually updated.
       There is concern with the failure to investigate and 
     prosecute the police officers responsible for human rights 
     violations, including rape and sexual violence against women, 
     at San Salvador Atenco on May 3-4, 2006, and in Oaxaca 
     between June and December 2006. These and other such 
     violations by members of the Mexican armed forces and police 
     forces have been documented and require thorough, credible 
     and transparent investigation and prosecution by the Mexican 
     Attorney General. Additionally, the state and Federal 
     investigations into the October 27, 2007, killing in Oaxaca 
     of American citizen Bradley Will have been flawed and the 
     Secretary of State is directed, not later than 45 days after 
     enactment of this Act and 120 days thereafter, to submit a 
     report to the Committees on Appropriations detailing progress 
     in conducting a thorough, credible, and transparent 
     investigation to identify the perpetrators of this crime and 
     bring them to justice. The Department of State should work 
     with relevant Federal government agencies of the United 
     States to assist in the investigation of this case.
       West Bank.--The amended bill includes $25,000,000 for 
     ongoing training of vetted units of the Palestinian National 
     Security Forces, which is the same as the request.


                    migration and refugee assistance

       The budget request included $230,000,000 for Migration and 
     Refugee Assistance, of which $200,000,000 was provided in the 
     State, Foreign Operations Appropriations Act, 2008 (Public 
     Law 110-161) for emergency refugee requirements in Iraq and 
     the West Bank.
       The amended bill includes $300,000,000 for Migration and 
     Refugee Assistance, which is $270,000,000 above the pending 
     request. Funds should be made available to meet unmet global 
     refugee needs, including to assist Iraqi refugees in Jordan, 
     Syria, Lebanon, Egypt, and the surrounding region, as well as 
     internally displaced persons in Iraq. Funds may also be used, 
     if necessary, for the admissions costs of Iraqis granted 
     special immigrant status under the Special Immigrant Visa 
     program authorized by the National Defense Authorization Act 
     of 2008. In addition, funds may be used to offset 
     administrative costs associated with the expanded 
     requirements of the Iraqi refugee program, in consultation 
     with the Committees on Appropriations.
       The humanitarian crisis involving Iraqi refugees and 
     internally displaced persons is of concern and the Government 
     of Iraq has dedicated insufficient resources to assist this 
     most vulnerable segment of the Iraqi population. The 
     Department of State is directed to urge the Government of 
     Iraq to provide a substantial increase in funding for 
     humanitarian assistance to the Iraqi refugee population 
     residing in the region and within the country. In addition, 
     the Secretary of State should ensure that the Senior 
     Coordinator for Iraqi Refugee Issues gives particular 
     attention to the needs of vulnerable minority groups, 
     including ethnic and religious minorities.
       The welfare and security of the 7,900 Lao Hmong in the Thai 
     military camp in Petchaboon, northern Thailand is of concern 
     and the Government of Thailand is urged to support a 
     transparent screening process to identify those who have a 
     legitimate fear of return to Laos. Any attempt to force the 
     return of Hmong refugees to Laos is strongly opposed.


     united states emergency refugee and migration assistance fund

       The amended bill includes $25,000,000 for the United States 
     Emergency Refugee and Migration Assistance Fund to prevent 
     depletion of this emergency fund.


    nonproliferation, anti-terrorism, demining and related programs

       The amended bill includes $11,200,000 for Nonproliferation, 
     Anti-terrorism, Demining and Related Programs, which is 
     $6,200,000 above the request.
       Of these funds, $5,000,000 is for presidential protective 
     service support in Afghanistan, which is the same as the 
     request.
       Central America.--The amended bill also includes $6,200,000 
     for the Merida Initiative for the countries of Central 
     America, which is $6,200,000 above the request. Although 
     funding for these purposes was requested only through the 
     INCLE account, funding has been provided in the NADR account, 
     from

[[Page H4028]]

     which such activities are traditionally funded.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   foreign military financing program

       The amended bill includes $72,500,000 for Foreign Military 
     Financing Program, which is $72,500,000 above the request.
       Central America.--The amended bill includes $6,000,000 to 
     augment the ongoing naval cooperation program and maritime 
     security assistance of Operation Enduring Friendship. Funds 
     are provided to strengthen the ability of the countries of 
     Central America to secure their maritime domains, and 
     complement existing regional systems and programs to improve 
     maritime security and interdiction capabilities.
       Mexico.--The amended bill includes $66,500,000 in support 
     of a gradual strengthening of military-to-military 
     cooperation between the United States and Mexico.

 SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                                  2009

       The budget request totals $3,605,000,000 in emergency 
     supplemental funds for fiscal year 2009. The amended bill 
     provides a total of $3,600,000,000 for the Department of 
     State, Foreign Operations, and related programs for fiscal 
     year 2009 emergency supplemental requirements, which is 
     $5,000,000 below the request.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       The amended bill includes $737,900,000 for Diplomatic and 
     Consular Programs. Within this amount, $78,400,000 is 
     available for worldwide security protection and not more than 
     $581,500,000 is available as a bridge fund for Iraq 
     operations.
       To meet increased security and personnel requirements, the 
     amended bill includes $91,400,000 for Afghanistan, $7,000,000 
     for Pakistan, $3,000,000 for Somalia, and $15,000,000 for 
     Sudan. In addition, the amended bill includes $40,000,000 to 
     continue the support of new positions to develop language and 
     other critical skills of the diplomatic corps and for 
     civilian post-conflict stabilization initiatives.


                      office of inspector general

                     (including transfer of funds)

       The amended bill includes $57,000,000 for the Office of the 
     Inspector General at the Department of State, of which 
     $5,500,000 is to continue oversight of programs in Iraq and 
     Afghanistan.
       Special Inspector General for Iraq Reconstruction 
     (SIGIR).--The amended bill includes $46,500,000 for the SIGIR 
     for continued oversight of United States reconstruction 
     programs in Iraq, as authorized by section 3001 of Public Law 
     108-106.
       Special Inspector General for Afghanistan Reconstruction 
     (SIGAR).--The amended bill includes $5,000,000 for the SIGAR, 
     for which no funds were requested, and which is authorized by 
     section 1229 of Public Law 110-181. Such funds shall be used 
     for oversight of United States reconstruction programs in 
     Afghanistan. None of the funds shall be used to duplicate 
     investigations that have been conducted or to support offices 
     or systems of inspectors general at the Department of State 
     or USAID. The SIGAR should co-locate staff and ``back 
     office'' support systems with other inspectors general to the 
     extent feasible.


            embassy security, construction, and maintenance

       The amended bill includes $41,300,000 for urgent embassy 
     security, construction and maintenance costs. Funds should be 
     used to construct safe and secure office space for the 
     increasing number of diplomatic and development personnel 
     living and working in Kabul, Afghanistan.

                      International Organizations


              contributions to international organizations

       The amended bill includes $75,000,000 for Contributions to 
     International Organizations.


        contributions for international peacekeeping activities

       The amended bill includes $150,500,000 for Contributions 
     for International Peacekeeping Activities to fund the 
     Administration's revised estimate of the United States-
     assessed contribution to international peacekeeping.

                            RELATED AGENCIES


                    broadcasting board of governors

                  international broadcastng operations

       The amended bill includes $8,000,000 for International 
     Broadcasting Operations.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development


                    global health and child survival

       The amended bill includes $75,000,000 for Global Health and 
     Child Survival to continue programs to combat avian 
     influenza.


                         development assistance

       Food Security Initiative.--The amended bill includes 
     $200,000,000 for Development Assistance, which is for a new 
     Food Security Initiative to promote food security in 
     countries affected by significant food shortages, including 
     programs to assist farmers to increase crop yields. Of this 
     amount, up to $50,000,000 should be used for local and 
     regional purchase. The Secretary of State is directed to 
     submit a report to the Committees on Appropriations not 
     later than 45 days after enactment of this Act, and prior 
     to the initial obligation of funds, on the proposed uses 
     of funds to alleviate starvation, hunger, and malnutrition 
     overseas, including a list of those countries facing 
     significant food shortages.


                   international disaster assistance

       The amended bill includes $200,000,000 for International 
     Disaster Assistance to meet urgent humanitarian requirements 
     worldwide, including support for critical needs in 
     Bangladesh. A portion of these funds should be used for 
     assistance for internally displaced persons in Iraq and 
     Afghanistan. In addition, funds are available under this 
     heading to assist in the response to the international food 
     crisis.


   operating expenses of the united states agency for international 
                              development

       The amended bill includes $93,000,000 for Operating 
     Expenses of the United States Agency for International 
     Development to address staffing, security, and operating 
     needs.


   operating expenses of the united states agency for international 
                development office of inspector general

       The amended bill includes $1,000,000 for Operating Expenses 
     of the United States Agency for International Development 
     Office of Inspector General.

                  Other Bilateral Economic Assistance


                         economic support fund

       The amended bill includes $1,147,300,000 for Economic 
     Support Fund. The amended bill includes funding to address 
     critical health, economic, and security needs. These funds 
     are to be allocated as follows:

                          ECONOMIC SUPPORT FUND
                            [$ in thousands]
------------------------------------------------------------------------
                  Country and region                      Amended bill
------------------------------------------------------------------------
Iraq.................................................            100,000
Afghanistan..........................................            455,000
Pakistan.............................................            175,000
West Bank............................................            150,000
North Korea..........................................             15,000
Jordan...............................................            100,000
Sudan................................................             25,000
Democratic Republic of the Congo.....................             10,000
Kenya................................................             25,000
Uganda...............................................             15,000
Zimbabwe.............................................             15,000
Chad.................................................              5,000
Central African Republic.............................              2,000
Bangladesh...........................................             50,000
Burma................................................              5,300
                                                      ------------------
    Total............................................          1,147,300
------------------------------------------------------------------------

       Funds made available for Burma should be used for 
     humanitarian programs along the Thai-Burma border.

                          Department of State


          international narcotics control and law enforcement

       The amended bill includes $204,500,000 for International 
     Narcotics Control and Law Enforcement activities in Iraq, 
     Afghanistan, the West Bank, Mexico, and Africa.


                    migration and refugee assistance

       The amended bill includes $350,000,000 for Migration and 
     Refugee Assistance. Funds are available to respond to urgent 
     humanitarian and refugee admissions requirements, including 
     those involving refugees from Iraq, Afghanistan, and central 
     Africa.


    nonproliferation, anti-terrorism, demining and related programs

       The amended bill includes $4,500,000 for Nonproliferation, 
     Anti-terrorism, Demining and Related Programs, for 
     humanitarian demining in Iraq.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   foreign military financing program

       The amended bill includes $170,000,000 for the Foreign 
     Military Financing Program, of which $100,000,000 is for 
     assistance for Jordan and up to $50,000,000 is for assistance 
     for Mexico.


                        peacekeeping operations

       The amended bill includes $85,000,000 for Peacekeeping 
     Operations for programs in Africa to address needs beyond 
     those projected in the fiscal year 2009 budget request, 
     including for Darfur.

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER

       The amended bill includes the following general provisions 
     for this chapter:


                        extension of authorities

       Section 1401 extends certain authorities necessary to 
     expend Department of State and foreign assistance funds.


                              afghanistan

       Section 1402 imposes certain conditions and limitations on 
     assistance for Afghanistan and requires a report.


                               west bank

       Section 1403 directs the Department of State to provide a 
     report to the Committees on Appropriations not later than 90 
     days after enactment of this Act, and 180 days thereafter, on 
     the Palestinian security assistance program.


                                 mexico

       Section 1404 sets a ceiling on funding for Mexico at 
     $400,000,000 and provides funding in the accounts through 
     which such activities are traditionally funded. The provision 
     also provides a restriction on the use of funding for budget 
     support or cash payments and includes a limitation of 25 
     percent of the funding provided under the headings ``Foreign

[[Page H4029]]

     Military Financing Program'' and ``International Narcotics 
     Control and Law Enforcement'' to the armed forces and police 
     until the Secretary of State certifies certain conditions 
     have been met.


                            central america

       Section 1405 sets a floor of $61,500,000 on funding for the 
     countries of Central America, Haiti and the Dominican 
     Republic and provides a restriction on the use of funding for 
     budget support or cash payments. Additionally, the provision 
     restricts obligation of 25 percent of the funding provided 
     under the headings ``Foreign Military Financing Program'' and 
     ``International Narcotics Control and Law Enforcement'' until 
     certain conditions are met.


                    buying power maintenance account

                     (including transfer of funds)

       Section 1406 provides authority to utilize $26,000,000 from 
     appropriations for Diplomatic and Consular Programs from a 
     prior Act and authority to transfer up to an additional 
     $74,000,000 of the funds made available by this Act to the 
     Buying Power Maintenance Account to manage exchange rate 
     losses in fiscal year 2008. The Department of State shall 
     consult on any proposed transfers resulting from this 
     authority. The Department of State estimates the impact of 
     currency fluctuations to be at least $260,000,000 on United 
     States diplomatic operations worldwide.
       In addition, the provision recommends authority to transfer 
     unobligated and expired balances after fiscal year 2008 into 
     the Buying Power Maintenance Account to address future 
     exchange rate losses. The Secretary of State shall submit a 
     report to the Committees on Appropriations not later than 
     October 15, 2008 on the amount transferred by this authority 
     in this or any fiscal year, the total amount of exchange rate 
     losses in fiscal year 2008, and the accumulated impact of 
     losses from prior years.


                              rescissions

       Section 1407 rescinds prior year funds and makes them 
     available for a contribution to the World Food Program and 
     for programs in the INCLE account.


                              allocations

       Section 1408 requires that funds in the specified accounts 
     shall be allocated as indicated in the respective tables in 
     this report. Any change to these allocations shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.


                        reprogramming authority

       Section 1409 allows for reprogramming of funds made 
     available in prior years to address critical food shortages, 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.


               spending plan and notification procedures

       Section 1410 requires the Secretary of State to provide a 
     detailed spending plan to the Committees on Appropriations on 
     the uses of funds appropriated in this chapter. The language 
     also provides that the funds appropriated in subchapter B are 
     subject to the regular notification procedures of the 
     Committees on Appropriations.


                          terms and conditions

       Section 1411 establishes that unless designated otherwise 
     in this chapter, the terms and conditions contained within 
     the State, Foreign Operations and Related Programs 
     Appropriations Act, 2008 (Public Law 110-161) shall apply to 
     funds appropriated by this chapter.

                       TITLE II--DOMESTIC MATTERS

               CHAPTER 1--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     periodic censuses and programs

                     (including transfer of funds)

       The amended bill includes $210,000,000 for increased costs 
     associated with the poor management of the 2010 Decennial 
     Census. Within the funds provided, not less than $50,300,000 
     shall be used to restore funding associated with the approved 
     March 26, 2008 reprogramming within the Bureau of Census. 
     Funds transferred pursuant to the reprogramming to address 
     immediate shortfalls within the Field Data Collection 
     Automation contract from the American Community Survey, 
     Census Coverage Measurement activities, and other Census 
     activities may result in increased risk and other unintended 
     consequences to other parts of the Census. The $50,300,000 
     shall be available solely to complete previously planned 
     activities and address vacancies in the aforementioned areas 
     in order to reduce risk and ensure a successful 2010 
     Decennial Census.
       The Census Bureau shall submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, within 30 days of enactment of this Act, a 
     detailed plan showing a timeline of milestones and 
     expenditures for the 2010 Decennial Census, and shall include 
     a quantitative assessment of the associated risk to the 
     program as it is currently constituted. In addition, the 
     Inspector General shall submit quarterly reports to the 
     Committees on Appropriations, until the conclusion of the 
     2010 Decennial Census, detailing the progress of the revised 
     plan for the execution of the 2010 Decennial Census and any 
     unanticipated slippages from the revised 2010 milestones, as 
     well as reassessing the associated risk to the program. The 
     Census Bureau is directed to provide the Inspector General 
     with any required information so that the quarterly reports 
     can begin 60 days after submission of the plan.
       Because rising costs associated with the 2010 Decennial 
     Census and the Department's and the Bureau's lack of contract 
     oversight are cause for particular concern, the bill includes 
     not less than $3,000,000 for the Department's Office of the 
     Inspector General for Census contract oversight activities 
     and not less than $1,000,000 solely for a reimbursable 
     agreement with the Defense Contract Management Agency to 
     review and improve Census contract management.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System


                         salaries and expenses

       The amended bill includes $178,000,000 for additional costs 
     of the Bureau of Prisons (BOP) related to the custody and 
     care of inmates and the maintenance and operation of 
     correctional and penal institutions. The BOP has been 
     chronically underfunded in recent budget requests, due to 
     consistently underestimated growth in inmate populations and 
     inadequate funding requests for medical expenses. As a 
     result, BOP facilities face rising staff-to-inmate ratios, 
     placing corrections officers and inmates at unacceptable risk 
     of violence. The amended bill includes funding for FCI 
     Pollock activation costs and for inmate drug abuse treatment 
     required by law. The Administration is urged to re-estimate 
     BOP fixed costs and prisoner population for fiscal year 2009 
     and to provide the House and Senate Committees on 
     Appropriations with those estimates no later than May 31, 
     2008. Further, the BOP is directed to notify the Committees 
     of current staff-to-inmate ratios at all Federal prisons on a 
     monthly basis.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       Public Law 109-148, the 3rd emergency supplemental 
     appropriations act of 2006, Public Law 109-234, the 4th 
     emergency supplemental appropriations act of 2006, and Public 
     Law 110-28, the emergency supplemental appropriations act of 
     2007, provided funds to repair and restore hurricane damaged 
     projects, accelerate completion of New Orleans area flood and 
     storm damage reduction projects, and provide 100-year storm 
     protection for the greater New Orleans area. The scope and 
     magnitude of the work required has increased with time. The 
     current cost estimate requires $5,761,000,000 in additional 
     Federal funds and a non-Federal cost-share of $1,526,000,000.
       The Administration requested this funding under the 
     Construction account in the fiscal year 2009 budget. The 
     amended bill provides the full amount of the request as a 
     supplemental appropriation to ensure the existing schedule 
     for completion of 100-year protection for the greater New 
     Orleans area by 2011 is met. However, $2,926,000,000 is 
     included under Flood Control and Coastal Emergencies in order 
     to provide continuity in appropriations for projects to 
     repair, restore, and accelerate completion of the levels of 
     protection authorized prior to Hurricane Katrina. None of the 
     funds provided shall be available until October 1, 2008.


                              construction

       The amended bill includes $2,835,000,000 for Construction. 
     Within the recommended funds, $1,077,000,000 is provided to 
     complete the 100-year storm protection for the Lake 
     Pontchartrain and Vicinity project; $920,000,000 is provided 
     to complete the 100-year storm protection for the West Bank 
     and Vicinity project; and $838,000,000 is provided for 
     elements of the Southeast Louisiana Urban Drainage project 
     that are within the geographic perimeter of the West Bank and 
     Vicinity projects and the Lake Pontchartrain and Vicinity 
     project.


                 flood control and coastal emergencies

       The amended bill includes $2,926,000,000 for completion of 
     repair and restoration and accelerated work to authorized 
     levels of protection in surrounding areas. The funding 
     provides, at full Federal expense, the following amounts: 
     $704,000,000 for pumps and closures at outfall canals; 
     $90,000,000 to storm-proof pump stations; $459,000,000 to 
     armor levees and floodwalls; $53,000,000 to improve 
     protection at the Inner Harbor Navigation Canal; $456,000,000 
     to complete work to incorporate non-Federal levees in 
     Plaquemines Parish into the Federal system; $412,000,000 to 
     reinforce or replace floodwalls on the Lake Ponchartrain and 
     Vicinity and West Bank and Vicinity Projects; $393,000,000 to 
     repair and restore authorized protections and floodwalls; and 
     $359,000,000 to complete the authorized protection for the 
     Lake Ponchartrain and Vicinity and West Bank and Vicinity 
     Projects. The amended bill includes a provision authorizing a 
     reallocation of funds when necessary to accomplish the 
     established goals, subject to the approval of the House and 
     Senate Committees on Appropriations.

[[Page H4030]]

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


     state unemployment insurance and employment service operations

       The amended bill provides $110,000,000 for Unemployment 
     Compensation State Operations to compensate the States for 
     the administrative costs of processing the Unemployment 
     Insurance (UI) claims workload for the balance of fiscal year 
     2008. New UI claims are increasing, reaching a level in March 
     2008 nearly 19 percent greater than the previous year. States 
     are beginning to experience service degradation in the form 
     of call center delays for claimants, waiting times for 
     adjudication of disputed claims, and reductions in program 
     integrity activities, tax collection, and tax audits. While 
     funding in the Consolidated Appropriations Act, 2008 is 
     sufficient to cover the costs of processing 2.4 million 
     Average Weekly Insured Unemployment (AWIU), claims have 
     already climbed above 2.8 million AWIU. The amount provided 
     will compensate States for the claims workload estimated by 
     the Department of Labor up to the point where additional 
     funds are released under a legislated trigger.

                     Chapter 4--Legislative Branch

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

       The amended bill provides the customary death gratuity to 
     Annette Lantos, widow of Tom Lantos, late a Representative 
     from the State of California.

               TITLE III--VETERANS EDUCATIONAL ASSISTANCE

       Title III of the amended bill includes provisions designed 
     to expand the educational benefits for men and women who have 
     served in the armed forces since the terrorist attacks of 
     September 11, 2001. The provisions will closely resemble the 
     educational benefits provided to veterans returning from 
     World War II.
        The benefits included in title III would apply to all 
     members of the military who have served on active duty, 
     including activated reservists and National Guard. To 
     qualify, veterans must have served at least three months of 
     qualified active duty, beginning on or after September 11, 
     2001. The amended bill provides for benefits to be paid in 
     amounts linked to the amount of active duty service.
       In addition to tuition and other established charges, the 
     benefit includes a monthly stipend for housing costs as well 
     as tutorial assistance and licensure and certification tests.
        The amended bill would create a new program in which the 
     government will agree to match, dollar for dollar, any 
     voluntary additional contributions to veterans from 
     institutions whose tuition is more expensive than the maximum 
     educational assistance provided in the amended bill.
       Finally, the amended bill provides for the veterans to have 
     up to fifteen years after they leave active duty to use their 
     educational assistance entitlement. Veterans would be barred 
     from receiving concurrent assistance from this program and 
     another similar program.

             TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION

       The amended bill includes language providing a temporary 
     extension of unemployment benefits to workers who have lost 
     their jobs. Specifically, the amended bill provides up to 13 
     weeks of extended unemployment benefits in every State to 
     workers exhausting regular unemployment compensation. In 
     States with higher levels of unemployment, defined as a 
     seasonally-adjusted six percent total unemployment rate or a 
     four percent insured unemployment rate, up to an additional 
     13 weeks would be available. The extended benefits program 
     will terminate on March 31, 2009.
       The percentage of workers exhausting unemployment benefits 
     is currently 36 percent, which is higher than at the 
     beginning of any of the past five recessions. The 
     Congressional Budget Office estimates that 3.8 million 
     workers will receive extended benefits under the program 
     given the high rate of workers running out of regular 
     unemployment benefits without finding work. Not only will 
     these workers and their families benefit from extended 
     benefits, providing this financial assistance also can 
     reduce the severity and duration of an economic downturn. 
     Experts agree that extending unemployment benefits is one 
     of the most cost-effective and fast acting forms of 
     economic stimulus because workers who have lost their 
     paychecks have little choice but to spend these benefits 
     quickly.

                      TITLE V--MEDICAID PROVISIONS

       Section 5001 of the amended bill includes language 
     extending the current moratorium to April 2009 on four 
     Medicaid regulations pertaining to: graduate medical 
     education payments; limits on payments to government safety 
     net providers; rehabilitation services; and school-based 
     administrative and specialized medical transportation 
     services for children. The amended bill also establishes a 
     moratorium for the same period for three Medicaid regulations 
     pertaining to: health care provider taxes; targeted case 
     management; and hospital outpatient services. The cost of the 
     moratoria is fully offset over five and ten years in the 
     amended bill by provisions that extend an asset verification 
     demonstration to all fifty States and reduce balances in the 
     Physician Assistance and Quality Initiative Fund. These 
     provisions are identical to those included in H.R. 5613, 
     which was approved by the House by a 349-62 vote.
       The moratorium on these seven regulations is included in 
     the amended bill due to concerns about their potential 
     negative impact on essential medical services for millions of 
     people, particularly for seniors, people with disabilities, 
     and children, and on the providers of these safety net 
     services. These regulations also would have a far-reaching 
     impact on graduate medical education, outreach and supportive 
     services designed to help individuals get the medical care 
     they need, and foster care services.
        According to the Congressional Budget Office, these 
     regulatory changes would reduce Federal Medicaid spending by 
     nearly $18,000,000,000 over the next five years, shifting 
     these costs to States and localities. These cuts would occur 
     during an economic downturn when States and localities are 
     least able to restore services. Further, the authorizing 
     committees indicate that many of these regulations alter 
     longstanding Medicaid policy without specific Congressional 
     authorization.
       Additional time is required to examine the potential impact 
     of these regulations. Accordingly, the amended bill includes 
     $5,000,000 for a study to be completed no later than March 
     2009 by an independent entity to assess the prevalence of the 
     problems in the Medicaid program the regulations were 
     intended to address and their impact on each State. The 
     amended bill also includes $25,000,000 for the purpose of 
     reducing fraud and abuse in the Medicaid program.

  TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE

       Chapter 1 of title VI is identical to the language of H.R. 
     5712, ``Close the Contractor Fraud Loophole Act,'' passed by 
     the House on April 23, 2008. It closes a loophole in a 
     proposed rule so that mandatory fraud reporting requirements 
     would apply to U.S. contractors working overseas as well as 
     to contractors working here at home.

               CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY

       Chapter 2 of title VI is identical to the language of H.R. 
     3928, ``Government Funding Transparency Act of 2007,'' passed 
     by the House on April 23, 2008. It requires any company or 
     organization receiving at least $25 million and 80 percent or 
     more of their revenue from federal payments to disclose the 
     salaries of their most highly-compensated officers.

                 TITLE VII--GI BILL FINANCING PROVISION

       This title imposes a surtax of 0.47% on income beyond $1 
     million for those filing joint returns and beyond $500,000 
     for other filers. The surtax would start in 2009 and continue 
     thereafter.

                     TITLE VIII--GENERAL PROVISIONS

        The amended bill includes the following general 
     provisions:
        Section 8001 establishes the period of availability for 
     obligation for appropriations provided in this Act.
        Section 8002 provides that, unless otherwise noted, all 
     appropriations in this Act are designated as emergency 
     requirements and necessary to meet emergency needs pursuant 
     to subsections (a) and (b) of section 204 of S. Con. Res. 21, 
     the congressional budget resolution for fiscal year 2008.
        Section 8003 provides that this Act may be referred to as 
     the ``Supplemental Appropriations Act, 2008''.

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[[Page H4037]]

  Mr. BLUMENAUER. Mr. Speaker, after five years, thousands of lives 
lost, and hundreds of billions of dollars spent and trillions to go, 
the amendments adopted today are the beginning of a solution in Iraq. 
These amendments mandate the beginning of withdrawal, setting us on a 
path out of Iraq, and support critical domestic and international 
priorities.
  The language offers some of the same prescriptions in my own Iraq 
legislation, including a ban on permanent bases and an increase in 
contractor oversight. All too often we hear reports of billions of 
dollars our contractors can't account for, or the hiring of individuals 
our troops can't rely on. This war will cost over $3 trillion, and I am 
pleased to see some funding shifted to cover more of our international 
obligations. I authored legislation to help the 4 million displaced 
Iraqis and I support the funding in this bill for migration and refugee 
assistance and international disaster assistance. We have a 
responsibility to the Iraqi people, and as we have an obligation to 
provide for our own.
  Part of remedying this tragedy will be rebuilding the health and 
readiness of our armed forces. In my state, the Oregon National Guard's 
41st Combat Brigade Team has served two tours in Iraq and Afghanistan 
since 9/11, and is scheduled to deploy again in 2009. When they return, 
these brave men and women deserve the best care this country can 
provide and the least we can do is make sure education and retraining 
is available and affordable. I am proud to support an expansion of the 
GI Bill education benefits that proved so successful in transitioning 
our troops after W orId War II and in mobilizing our economy for 
succeeding generations. Frankly I find it unconscionable that President 
Bush, as Commander in Chief of our armed forces, would threaten to veto 
this legislation on account of this basic and historic investment in 
our troops.
  This country is ready for change, and these amendments are an 
important step forward. As this issue develops over the coming weeks, I 
remain committed to getting our troops out of Iraq now and providing 
our veterans with the best care available.
  Mr. CASTLE. Mr. Speaker, I rise in support of the three amendments 
before us today to H.R. 2642. Our troops have done incredible work in 
Iraq and Afghanistan, and it is critical that we provide them with the 
protective equipment, operating funds, and counterterrorism resources 
necessary to execute their missions. For this reason, I support the 
funding in this package for vital priorities like mine resistant ambush 
protected vehicles, IED jamming devices, military healthcare, traumatic 
brain injury research, and military family support programs.
  As a leader of the House Committee on Education, I have long 
advocated for a permanent expansion of GI Bill education benefits for 
veterans. For the first time, the funding in this package would reward 
those soldiers who stepped forward in the wake of the 2001 terrorist 
attacks by allowing them to receive expanded education benefits in 
proportion to their period of service. The men and women who serve in 
our Nation's armed forces deserve the opportunity to pursue an 
education and I believe this provision represents a significant step 
towards the realization of that goal. In addition to financial 
assistance, our government must help veterans cut through the red-tape 
surrounding GI bill benefits and I have introduced legislation to aid 
our soldiers in making this transition.
  There has to be an incentive for the Iraqi government to make 
political progress and it is critical that we begin shifting the day-
to-day combat mission over to the Iraqi security forces. I continue to 
oppose proposals in Congress that would hamstring our troops by setting 
a hard deadline for troop withdrawal. Last September, General Petraeus 
and Ambassador Crocker outlined a responsible plan for gradually 
redeploying our troops from Iraq and I believe this plan should move 
forward in a way that maintains security and stability in the Middle 
East. Therefore, I support provisions in this bill that would set a 
goal of redeploying a majority of our combat troops from Iraq by the 
end of 2009, while permitting forces to remain in the region to conduct 
counterterrorism operations and assist the Iraqi security forces. 
Clearly, our military and foreign policy leaders must retain the 
ability to react to conditions on the ground and I believe this 
provision allows them the appropriate flexibility in executing their 
mission without conditioning troop funding on arbitrary timelines or an 
immediate deadline for troop withdrawal.
  Additionally, I support language in the bill that would improve 
transparency and oversight of contractors to prevent waste and abuse in 
government spending. In the same way, I support sections of the bill 
that would require better accountability from the Iraqi government by 
providing an incentive for a greater Iraqi investment in the country's 
reconstruction. Embracing a comprehensive regional diplomatic 
initiative, ensuring American soldiers are properly trained and 
prepared for deployments, and prohibiting torture are also key 
provisions which I continue to support.
  Lastly, while I intend to vote in favor of this emergency spending 
package, I continue to have deep concerns about the manner in which it 
was brought forward. In my estimate, the leaders of the House have 
unfairly manipulated congressional rules in severely limiting debate on 
this measure and restricting input from both Republicans and Democrats. 
Rather than using this issue as a tool to score points politically, 
Members from both sides of the aisle should come together in support of 
a workable policy to bring our troops home.
  To date, over 4,000 American soldiers--including sixteen brave 
Delawareans--have lost their lives in Iraq. Close to 500 U.S. service 
members have also died in Afghanistan. Mr. Speaker, I call on my 
colleagues to embrace the substantive areas of this bill where we can 
find agreement, and join me in committing to a bipartisan approach for 
achieving stability and bringing our troops home to their families.
  Mr. MITCHELL. Mr. Speaker, I rise today in support of H.R. 5740, the 
Post 9/11 Veterans Education Assistance Act--bipartisan legislation 
that honors our men and women in uniform and strengthens our military.
  Since World War II, our nation has offered education benefits to 
returning GIs. The Servicemen's Readjustment Act of 1944, the first GI 
Bill, which was passed unanimously by this House, paid for the tuition, 
books, fees, training costs, and even a monthly stipend for our 
returning veterans.
  After World War II, nearly 8 million veterans, out of a wartime 
veteran population of 15 million, used the original GI Bill to earn an 
education. The economic return was unprecedented. For every dollar we 
spent on the GI Bill, we generated 7 more into our national economy. 
Millions of newly-educated veterans led our Nation in business and 
innovation and created the American middle class. It's no wonder the GI 
Bill of 1944 is regarded as one of the most successful pieces of 
legislation to earn this House's approval in the 20th Century.
  Since that time, Congress has passed other GI bills, but over time, 
the value of the education benefit has declined. The current Montgomery 
GI Bill, for example, was designed for peacetime service, and is not 
meeting the needs of our newest generation of veterans, many of whom 
are returning from combat in Iraq and Afghanistan.
  Our veterans--whether active duty, Reservists or National Guardsmen--
deserve an education benefit that accounts for the stress of war and 
keeps up with the rapidly increasing cost of a higher education. That 
is why, with the backing of a broad, bipartisan coalition, I introduced 
H.R. 5740, the Post-9/l1 Veterans Educational Assistance Act.
  Under the legislation, GIs returning from Iraq or Afghanistan would 
receive up to four academic years of education benefits, including 
stipends for housing and books. They can even use their benefits at 
private schools through the Yellow Ribbon G.I. Education Enhancement 
Program, in which the federal government will match, dollar for dollar, 
any voluntary additional contributions to veterans from institutions 
whose tuition is more expensive than the maximum educational assistance 
provided under this legislation.
  Veterans would even have up to 15 years after they leave active duty 
to use their education benefits. I am pleased that this bill was 
included as part of the emergency war funding measure that the House is 
considering today because I believe taking care of those who serve in 
war is a cost of war. America should never fight wars without taking 
care of our own. However, I am deeply troubled by how we got to this 
point, and am disappointed that this issue has become politicized.
  When I was elected to this House, my constituents asked me to work in 
a bipartisan way to find reasonable solutions to our common problems. 
And that is what I tried to do with this GI Bill. Working together with 
my Democratic and Republican colleagues, we attracted more than two-
thirds of the House as cosponsors. Ninety-two Republicans, nearly half 
of the minority party's membership, lent their support. But instead of 
using that coalition to secure overdue educational benefits for our 
veterans, our leadership has allowed ideological gotcha games to 
prevail.
  What began as an attempt to fix a broken promise to our veterans has 
devolved into a fight over who can score the most political points. As 
a result, instead of sending a veto-proof bill to the Senate, we are 
sending a lesser bill with a less certain outcome. This does not hurt 
any of our political opponents, Mr. Speaker; it only hurts our 
veterans. And, frankly, they deserve better. Our soldiers and veterans 
deserve a House whose actions matches its rhetoric. If we mean what we 
say, that taking care of those who serve is truly a cost of war, then 
the GI Bill should be included as a part of our war spending.
  I was astonished yesterday when, amidst all the platitudes some 
members of this chamber made about the need for the GI Bill to meet

[[Page H4038]]

pay-go rules, those very same members were so willing to throw those 
rules out the door when it came to the Farm Bill. Wealthy farmers were 
given greater consideration than our veterans.
  I strongly disagree with leadership's decision to raise taxes on the 
backs of our veterans, and I believe it is wrong that I wasn't given an 
opportunity to offer an amendment to strip this from the bill. I will 
do everything in my power to encourage the Senate to fix this 
legislation. However, in order to get the GI Bill to the Senate, and 
give it any chance to pass, I am forced to vote for the deeply flawed 
package before me today.
  Our veterans have fought for us. The least we can do is fight for 
them.
  Mr. HALL of New York. Mr. Speaker, I would like to express my 
admiration and support for the brave men and women of our military who 
are nobly serving in Afghanistan and Iraq. In Afghanistan, they 
continue to perform an important mission by taking action against our 
enemies in the country that served as host to the Al Qaeda organization 
that attacked the United States of America on September 11th, 2001, and 
they do so with complete skill, courage, and professionalism. I am 
fully supportive of them and their mission. I have voted to provide 
funding solely for our military activities in Afghanistan, and would do 
so again if such a bill were to come before the House.
  However, the funding measure in Amendment Number 1 brought before the 
House today included funding for the ongoing war in Iraq without 
accompanying conditions on those funds or a timeline for withdrawal of 
American forces. I remain opposed to the President's mistaken war in 
Iraq, which has now claimed over 4,000 American lives, undermined our 
military and ability to respond to other threats abroad, and cost 
hundreds of billions of dollars that could have been used to meet 
pressing needs at home. I believe that we must change course in Iraq, 
and cannot support the appropriation of additional funds without 
measures to impose conditions on that funding and start bringing our 
troops home. Accordingly, I could not vote for Amendment Number 1.
  Mr. STEARNS. Mr. Speaker, the War in Iraq has been difficult for all 
Americans. I understand and share the American people's frustration at 
how the war has been conducted. No one wants to bring our troops home 
more than I do, but conditions on the ground should dictate when our 
troops should leave, not domestic politics.
  Regardless of if you voted for the war or against it or support 
immediate withdrawal or not, there is one issue we can all agree. Our 
brave men and women in Iraq and Afghanistan deserve our respect and 
admiration. The best way to honor them is to provide them with all the 
necessary equipment to be safe and successful as quickly as possible. 
One thing our troops do not deserve is to be used as a political 
bargaining chip for additional billions in unrelated and unnecessary 
spending.
   Unfortunately, that is what the Democrat leadership has done with 
the bill before us today. By playing politics, Democrats are ensuring 
that the troops will not get their funding prior to Memorial Day. Our 
troops do not deserve this kind of treatment. This is an insult to our 
men and women who put their lives on the line to protect our freedom. 
  This is most unfortunate because the first amendment, which I urge 
all my colleagues to support, contains funding for some very vital 
programs. For example, it includes $75 million in FY 2008 and $300 
million in FY 2009 for traumatic brain injury care and research. In 
addition, the measure provides $95 million to address gaps identified 
by the President's Commission on Care for America's Returning Wounded 
Warriors. The funding is designed to improve case management, data 
sharing, and the disability evaluation system. These, among others, are 
very critical to our troops and their families. They deserved to be 
enacted, not held up for petty political reasons.
  Certainly mistakes have been made in Iraq and a change of strategy 
was long overdue. Now that the surge has been fully implemented and 
been given time to work, there is no doubt that the security 
environment in Iraq continues to improve. General Petraeus has said 
that security progress is still fragile and reversible. Much work still 
needs to be done, but progress on the ground is undeniable.
  The question we must continually ask ourselves is what is the cost of 
withdrawing our troops? Should the U.S. immediately pull out of Iraq, 
leave the terrorists emboldened and potentially put more Americans at 
risk? Withdrawal needs to be based on events not politics. It is 
important to stress that an open-ended American military commitment is 
both unwise and dangerous. Progress in Iraq must be measurable, 
enforced and based on more than just military progress.
  Accordingly, Col. Christopher Hughes, who commanded the 2d Battalion 
of the 327th Inf. Regiment, 101st Airborne in Iraq, has identified a 
set of strategic benchmarks deigned to measure progress in Iraq. Col. 
Hughes has developed an event-driven sequence that leads to a 
legitimate withdrawal. His plan includes six phases and a number of 
different benchmarks that need to be met. I have attached this plan and 
make it part of my speech.
  It's important to highlight that events, not an arbitrary timeline, 
needs to guide our strategy. Col. Hughes' milestones for an event-
driven withdrawal are strategic, operational and tactical. Such 
benchmarks include, holding insurgent violence less than or equal to 
one attack on Coalition and Iraqi forces per month, having 76 
operational oil refineries and producing 4.5 million barrels of oil per 
day. I ask unanimous consent to include in the Congressional Record 
Col. Hughes' full strategy for leaving Iraq.
  The amendment we have before us today does not take an event-driven 
approach, but sets an arbitrary deadline based on politics not the 
situation on the ground. I urge my colleagues to vote against the 
second amendment today.
  In addition, Mr. Speaker, I would like to take a moment to talk about 
a provision in the third amendment pertaining to the Montgomery GI 
Bill. As a veteran and a senior member of the House Veterans Affairs 
Committee, I understand the hardship and sacrifice of military service. 
I, along with many of my colleagues, have supported legislation to 
update and expand the GI Bill, and I am cosponsoring H.R. 5740, the 
legislation that this provision is based on. However, the House 
leadership decided to combine the updated GI Bill with a huge tax 
increase on many small businesses.
  The Democrat tax increase would put a surcharge on the gross income 
for individuals earning more than $500,000 and couples with over $1 
million. However, of taxpayers with $1 million or more in income, 
nearly 83% report that some or all of that is income from a small 
business. This is a massive tax increase on the gross income of small 
businessmen and women who operate as self-employed individuals. They 
are the primary source of new jobs in our nation. Instead of raising 
taxes, Congress could fund the new GI Bill by reducing federal spending 
by a mere 0.1 percent over 10 years. I am certain that we can find one-
tenth of one percent of wasteful federal spending and apply that to 
meeting the needs of our 21st century veterans.
  In addition, the third amendment includes $5.8 billion in FY 2009 
funds for levee rebuilding in Louisiana. This is in addition to the 
$7.1 billion the federal government has already provided to repair and 
enhance levees. Furthermore, $9.9 billion for foreign aid is included, 
which represents $500 million more than requested. These may very well 
be worthwhile programs but do they belong in an emergency, off budget 
spending package?
  Lastly, I want to point out that the process of how this bill came to 
the floor today is not in keeping with the spirit and traditions of the 
House. As Speaker Nancy Pelosi stated in her 2006 document, A New 
Direction for America, ``bills should be developed following full 
hearings and open subcommittee and committee markups, with appropriate 
referrals to other committees.'' The Speaker went on to state that, 
``bills should generally come to the floor under a procedure that 
allows open, full, and fair debate consisting of a full amendment 
process that grants the Minority the right to offer its alternatives, 
including a substitute.''
   Furthermore, according to The Politico newspaper, ``There have been 
about three dozen emergency spending bills in the past 20 years, and a 
handful have passed without input from the Appropriations Committee, 
including billions in Hurricane Katrina aid and post-Sept. 11 funds. 
But none of the Iraq war funding bills have bypassed the Appropriations 
panel.''
  Unfortunately, this supplemental bypassed the entire Appropriations 
Committee process altogether, and through the use of parliamentary 
gimmicks, avoids the input of both Democrat and Republican members who 
have real expertise in the subject areas involved, effectively shutting 
out the views of millions of these members' constituents.
  To have the Democrat leadership cut off the people's right to be 
heard by such crass parliamentary maneuvers results hi great harm to 
the appropriations process and seriously undermines the credibility of 
the House of Representatives.
  Our brave troops and millions of veterans deserve better. They do not 
deserve to be treated as political tools. We pass a clean supplemental, 
devoid of any unrelated, and unnecessary spending, that gets necessary 
equipment to our troops on the battlefield immediately . We should also 
pass a GI Bill that doe not unfairly tax small businesses. 
Unfortunately, the Democrat leadership decided to play politics, while 
our troops and veterans have to pay the price.

                Appendix I: A Strategy for Leaving Iraq


                           DETAILS PER PHASE

       This is not a timeline; it's an event-driven sequence of 
     events that leads to a legitimate withdrawal of U.S. and 
     Coalition forces in order to return Iraq to the international 
     community of nations.

[[Page H4039]]

       Phase 1: The Iraqi Sovereignty Council (ISC) is responsible 
     for the development of a prioritized list of reconstruction 
     projects that will include government, health, educational, 
     judicial; police, border and military facilities in each of 
     the provinces. Regional governmental leaders, sheiks, and 
     other tribal leaders will vet the list and add or subtract 
     within their provinces to ensure equitability and specificity 
     for each population. Additionally, Islamic and other 
     religious leaders will provide a list of religious, 
     historical and administrative facilities that need assistance 
     to ensure freedom of religion and access during the 
     transition. During this process, it is crucial that the 
     development of this list, and the involvement of local, 
     tribal, military and religious leaders is publicly discussed 
     and debated on local and international news and commentaries.
       Phase 2: Once the ISC has compiled and publicly documented 
     the list, it will present the plan to the Iraqi National 
     Government (ING) for debate and approval. The public debate 
     over this list is the main effort of this operation. The 
     debate will include the conditions for implementing this 
     list. Those conditions will include a mandate from the ING 
     directed at the Coalition and the insurgency. The ING will 
     place themselves between the perceived belligerents (the 
     Coalition and the insurgents) in their country and levy 
     demands on each. These demands will include reconstruction 
     funds from the Coalition, a cessation of hostilities from the 
     insurgents, a phased withdrawal of Coalition forces, and a 
     peaceful integration of remaining insurgent organizations 
     into the Iraqi political process. Although it is unlikely to 
     get insurgent groups to step forward and engage in the debate 
     at this point, the momentum of public opinion will begin to 
     erode their legitimacy if they ignore the mandate and 
     continue hostile action against the Iraqi people.
       Phase 3: After approving the ISC plan, the ING will begin a 
     nationwide information campaign, targeting the Iraqi people 
     and showing them the details of the plan. This quid pro quo 
     will help the ING to assert sovereign power by openly 
     confronting the Coalition and the insurgency--in essence, 
     speaking for the Iraqi people. This planned confrontation 
     with the United States will help to dispel the premise that 
     the ING is an American puppet, further legitimizing their 
     authority when facing the insurgency and Arab community.
       Phase 4: It is logical to assume that the insurgencies will 
     remain silent during phases 1-3 to determine the lNG's true 
     resolve and overall Coalition intent. It's necessary for the 
     Coalition to take the first step during phase four by 
     executing a token withdrawal of forces from each of the 
     primary provinces that have participated in the ISC planning 
     process. These forces will withdrawal from two or three 
     cities as a show of good faith in support of the ISC plan and 
     ING. Once these moves are complete, the ING will begin a 
     weekly progress report for the project list and detailed 
     report on the level of hostilities in country by province.
       Phase 5: This phase will be a continual process of quid pro 
     quo as the key ING milestones are met in accordance with the 
     plan. Reduction in hostilities + completed projects = phased 
     withdrawal of Coalition forces.
       Phase 6: When the reconstruction projects list is complete, 
     and insurgent hostilities have leveled at acceptable levels 
     to the lNG, the Coalition will complete their withdrawal.


                      PHASED WITHDRAWAL MILESTONES

     Examples of possible withdrawal milestones.
       Most of these have come to fruition and should be 
     considered accomplished when the plan is first presented to 
     the Iraqi people and the world.
       Strategic National:--Iraqi Embassy in Washington DC staffed 
     and operational; American Embassy in Baghdad staffed and 
     operational; United Nations Embassy operational in Baghdad; 
     Iraqi Ambassador attends first UN Security Counsel meeting 
     and General Assembly.
       Strategic:--January 2008 National Elections complete, and 
     UN validation of National Elections.
       Operational:--300,000 National Police staffed, equipped, 
     trained and deployed; 500,000 National Army Staffed, 
     equipped, trained and deployed; 100,000 Border Police 
     staffed, equipped, trained and deployed; 76 oil refineries 
     operational; 4.5M barrels of oil produced per day; 
     Infrastructure complete (list with specific facilities)--
     medical, education, power, government, religious, etc.; 
     National Salary System operational with ten year phase out 
     plan as country develops free economic systems; 12 radio 
     stations operational and 4 TV stations.
       Tactical:--Insurgent violence less than or equal to one 
     attack on Coalition and Iraqi forces per month; foreign 
     fighters less than or equal to two attacks on Coalition and 
     Iraqi forces per month; and zero attacks against Iraqi 
     citizens and foreign nationals.
       End State:--Operational Iraqi Government; operational Iraqi 
     Army, Police forces, and Border Guards; informed Iraqi 
     populace; complete withdrawal of Coalition forces; and 
     American and Iraqi Embassies operational.

  Mr. PRICE of North Carolina. Mr. Speaker, I rise in support of the 
amendment before us, which will force a dramatic shift in strategy in 
Iraq that will protect our national security and bring our troops home.
  I have been one of a group in the House that, for several years now, 
has vocally advocated a withdrawal of U.S. troops from Iraq. Thanks to 
a President who has stubbornly adhered to a failed policy that does not 
serve the best interests of our military, our foreign policy, and our 
national security, we are now no closer to a withdrawal--or a 
resolution to the conflicts that beset Iraq--than we were 5 years ago. 
This amendment will change that. This amendment will begin to bring our 
troops home, in an orderly and responsible fashion.
  Some argue that conditions on the ground have improved since the 
beginning of the President's surge strategy, and that advocates of a 
troop withdrawal are somehow blind to changed conditions. That is 
simply not the case.
  We have watched conditions in Iraq closely, hoping for the kind of 
progress that would transform Iraq's internal political dynamics, 
hoping for a turning point that might produce a lasting end to the 
violence. We have supported our troops as they have carried out their 
tactical military mission with remarkable success. But we have also 
watched the Iraqi Government's continued failure to complete its 
political mission, the success of which is the necessary condition for 
ensuring Iraq's long-term stability. There is simply no indication that 
tactical progress in reducing the levels of violence in certain regions 
of Iraq has been translated into lasting, strategic gains in the 
political realm.
  Unfortunately, the Administration has now concluded that the military 
drawdown initially promised cannot be carried out. A successful surge 
should justify taking troops out of Iraq, not keeping them in. The 
bottom line is this: Tactical gains notwithstanding, we and the Iraqis 
have yet to build a sustainable political and security architecture 
that brings us closer to our goal--a politically coherent Iraq that can 
manage its own security.
  Without political progress, the security situation in Iraq will 
remain fragile. In such a context, we risk institutionalizing an 
indefinite dependency on the U.S. military to maintain security. And 
over the long run, we simply will not be able to sustain the level of 
budgetary or military commitment we have today.
  Our national interest requires that we remain committed to helping 
Iraq reach its long term goals, but it also requires us to carefully 
calibrate the nature of our involvement. The United States military 
mission in Iraq cannot be held hostage to Iraqi progress (or lack of 
progress) toward security or political benchmarks. We simply cannot 
continue to commit our overstretched personnel and resources without 
regard to Iraq's progress toward governing itself.
  For that reason, it is essential that we begin a withdrawal of our 
military from Iraq.
  Moreover, such a withdrawal is perhaps the only way we can motivate 
Iraqis to take the steps necessary to overcome sectarian differences 
and unite as a nation. This amendment will initiate such a withdrawal, 
and for that reason I ask for my colleagues' support.
  There are other important reasons to support this measure. It would 
help us recover our moral compass by banning torture. It would ease the 
burden on our troops by establishing a more reasonable deployment 
policy. And it would prohibit the establishment of permanent bases in 
Iraq, a measure many of us have strongly supported.
  I am particularly pleased that this amendment includes legislation I 
proposed over a year ago to ensure that government contractors--
including tens of thousands of armed private security contractor 
personnel working in combat zones in Iraq and Afghanistan--will be held 
accountable under the law for misconduct, just like our troops. This 
legislation passed the House over seven months ago, and its enactment 
is long overdue.
  My legislation will ensure that all Government personnel--military 
personnel, civilian employees, and contractors under any agency--will 
be accountable under U.S. Federal criminal jurisdiction through the 
Military Extraterritorial Jurisdiction Act. Since the war in Iraq 
began, private contractor personnel have committed numerous abuses 
resulting in the deaths of dozens of Iraqis. Yet, many of these 
individuals have operated in a legal gray zone, immune from both Iraqi 
and U.S. law. As a result, accountability has been undercut and the 
credibility of our operations in Iraq has been seriously damaged.
  One need only point to the events of September 17, 2007, to 
understand the consequences of such impunity. On that day, private 
contractor personnel accompanying a convoy through the streets of 
Baghdad opened fire in a downtown square, killing 17 civilians; 8 
months later, no charges have been filed and none of the participants 
have been brought to justice.
  We have worked sincerely with the Administration to ensure that 
Government and contractor personnel who are carrying out their mission 
conscientiously and legally will not be made vulnerable under this law. 
Instead, this measure will give us the tools we need to ensure that 
those who run afoul of the law are brought to justice.
  The measure before us is a major step forward toward a new approach 
to national security, one that will make our Nation safer and

[[Page H4040]]

restore our global moral leadership. I urge my colleagues to join me in 
supporting this measure and bringing an end to the war in Iraq.
  Mrs. CAPPS. Mr. Speaker, I rise today in support of our troops, and 
in support of a responsible U.S. policy in Iraq.
  I have opposed the Iraq war from the very beginning.
  Over 5 years later, this war has taken the lives of more than 4,000 
of our brave troops.
  Our armed forces are incredibly strained, and our nation's image 
tarnished in the wake of this foreign relations disaster.
  I have opposed continued funding of this war in the past, and I will 
vote against Amendment No. 1, which gives the President another blank 
check.
  Amendments No. 2 and No. 3 of this bill, however, are a marked and 
deliberate shift away from the failed and short-sighted policies of 
President Bush.
  And No. 2 requires that all troops be fully trained and equipped 
before deployment, and calls for a redeployment of U.S. troops from 
Iraq to begin in 30 days.
  It also bans any permanent U.S. bases in Iraq and codifies 
contracting fraud as a criminal offense.
  Amendment No. 3 will restore the education benefits under the GI bill 
to include a full, 4-year college education for veterans of the Iraq 
and Afghanistan wars.
  Mr. Speaker, this war has taken an incredible toll on American 
troops, their families, and our entire country.
  We cannot turn back the hands of time, but we can move forward to 
bring our troops home, end this war, and provide them with the tools 
they will need to continue their education.
  As this New Direction Congress has done time and again, today we will 
tell the President that he is wrong.
  Let us truly support the troops and vote to bring them home.
  Mr. LANGEVIN. Mr. Speaker, today the House is addressing two of the 
most important issues facing our Nation: The Iraq war and the poor 
state of our economy. We have the opportunity to force a change in our 
Iraq strategy while providing much-needed assistance to returning 
troops and Americans struggling to make ends meet.
  In October 2002, I voted against the resolution authorizing the use 
of force in Iraq, and more than 5 years later, it is abundantly clear 
that our Nation needs a new approach in Iraq so that we can bring our 
men and women in uniform home. I am extremely proud of the service and 
sacrifice of our troops and their families, and the best way to 
demonstrate our support is by welcoming them home with the services and 
resources they need. I strongly support the amendment before us today 
that requires U.S. forces to begin redeployment from Iraq within 30 
days, with a goal of withdrawing nearly all troops by the end of 2009. 
Recognizing the toll that extended deployments are having on our 
readiness, the amendment also requires the Department of Defense to 
adhere to its policy of providing sufficient rest and recuperation time 
for troops returning from combat. Repeated and unpredictable 
deployments have placed enormous stress on our military and their 
families, and if we don't make changes soon, we risk losing the men and 
women who have made our armed forces the best in the world.
  Another amendment before us would recognize the service of our troops 
by establishing a new GI Bill of Rights. Under this plan, which is 
supported by a broad array of veterans groups, servicemembers returning 
from Iraq or Afghanistan would qualify for educational assistance based 
on the amount of time served. Those serving three years on active duty 
would receive benefits to cover the costs of a 4-year education, based 
on the costs of the most expensive in-state public school. This new 
program will allow our military returning from combat to advance their 
careers and develop skills that will help improve our economy.
  Finally, the measure recognizes the importance of providing 
assistance to our citizens struggling in the recent economic downturn. 
Congress has been working swiftly to address the housing crisis and the 
skyrocketing costs of food and energy, but we need to make sure that we 
help those who need it now. This legislation provides an additional 13 
weeks of unemployment benefits to those who have exhausted their 
regular 26 weeks of benefits--a provision that could help as many as 
24,400 Rhode Islanders. Unemployed Americans want to get back to work, 
but in many places jobs are scarce. We must not punish them for the 
failings of our economy, and this emergency spending measure 
demonstrates Congress's commitment to those in greatest need.
  We have a chance today to reject the status quo policies of the Bush 
administration by setting new priorities for our Nation. I urge my 
colleagues to support efforts to prevent further blank check funding 
for Iraq, endorse a responsible new strategy for bringing our troops 
home and provide support to Americans struggling to make ends meet.
  Mr. HOLT. Mr. Speaker, I want to thank Chairman Obey for his 
leadership in crafting this bill and bringing it before the House. In 
brief, I wanted to let my colleagues know that the Select Intelligence 
Oversight Panel, which I chair, has been involved in this process. Our 
role has been to ensure that any intelligence programs included for 
funding in this supplemental package have been reviewed for their 
appropriateness and value to our troops in the field.
  While the Department of the Defense is focused on Iraq and 
Afghanistan, the professionals in the Intelligence Community are 
focused on threats there and elsewhere around the world. A good 
intelligence system can save lives by preventing war, or, should war 
come, by helping to win the war as quickly as possible. We must ensure 
that the troops in combat get the best real-time intelligence and at 
the same time that policymakers get solid, independent, insightful 
intelligence about countries, trends, and potential conflicts around 
the world. I look forward to providing another update on our work once 
the base DoD appropriations bill is completed later this spring.
  Regarding Iraq, I recently returned from a trip to that deeply 
troubled country. American troops are performing superbly in Iraq under 
continually difficult conditions. While in Baghdad, I met with 
soldiers--including those from New Jersey--and told them they deserve 
not just our gratitude, but all of the support they need when they 
return to help them get on with their lives. The situation in Iraq, 
however, is not in the power of our soldiers to control, as events have 
repeatedly shown.
  It is impossible to hide the fact that the limited security gains 
achieved since last fall have not been matched by political 
reconciliation on the part of the Iraqis. The uneven performance of the 
Iraqi Security Forces (ISF) during the fighting with the Mahdi Army in 
late March 2008 has called into question the viability of the ISF as a 
national defense and police force, despite our having poured billions 
of dollars into the ISF.
  Unfortunately, Iraq's central government continues to lack legitimacy 
in the eyes of its people, as the recent spasms of violence in Basra, 
Baghdad, and elsewhere in the country have clearly shown. No amount of 
American lives and money can erase that legitimacy gap. It is clear 
that the Iraqi government is unwilling or unable to take the steps 
necessary to reach a political settlement that will end the violence, 
and that is why I supported the amendment to this supplemental spending 
bill that would set a start date for our withdrawal from Iraq. It is 
important for us to take decisive action to end our combat involvement 
in Iraq and refocus our efforts on destroying al Qaeda and eliminating 
the conditions that breed international terrorism and refocusing our 
resources on pressing domestic and international needs.
  While we continue our efforts to extricate our troops from Iraq, we 
must also prepare to help them once they return home and begin 
transitioning to the civilian world. I strongly support the provision 
in this bill that expands the education benefits veterans receive under 
the GI bill to restore the promise of a full, 4-year college education, 
and make the veterans of Iraq and Afghanistan part of an American 
economic recovery, just like the veterans of World War II were.
  This bill also contains provisions to help America's most vulnerable 
citizens survive the current de facto recession our country is 
experiencing. The bill extends unemployment benefits for workers who 
have exhausted their benefits by up to 13 weeks in every State as well 
as an additional 13 weeks in States with high unemployment. Also 
included in this bill is the Protecting the Medicaid Safety Net Act of 
2008 (H.R. 5613), which places a moratorium on seven Medicaid 
regulations that would cut services to seniors, families, and those 
with disabilities as well as cut payments to safety net providers. 
These are compassionate measures that are fully off-set, and I am glad 
they are in this bill.
  However, I can't help but observe, Mr. Speaker, that these needs 
would have been met long ago if our country had not been forced to 
waste billions of dollars on a war of choice that should never have 
been fought. I will continue to do all I can to help end our 
involvement in Iraq and redirect our Nation's priorities and resources 
where they belong--on meeting the needs of our people.
  Mr. LATHAM. Mr. Speaker, I rise today to express shock in the way 
this spending bill has been written and dumped into our laps, sight 
unseen, except by a few members of the Democratic Leadership.
  This supplemental bill has been crafted without the input of rank and 
file members, completely circumventing the committee process.
  There have been no hearings, no debates, no amendments allowed and 
about 18 hours to review this enormous bill.

[[Page H4041]]

  We now have a few members of the house, substituting their judgement 
on serious wartime funding issues, for the other 430 Members of both 
parties.
  Think about that for a minute. You and your colleagues have had no 
say in this bill--none. Again, members will have had 18 hours to review 
this 250 billion dollar spending bill.
  This is very troublesome to me as a member of the people's house and 
I know, for a fact, that it's troublesome to members from both sides of 
the aisle. Today, the 3 million citizens of my State of Iowa, and 
millions of other Americans--which, by the way, include soldiers 
serving overseas and their families waiting for their safe return--will 
have no say in how their tax dollars are being spent for our military.
  Whatever your position is on the war, or any Federal spending in this 
bill, the Speaker has set a terrible precedent for this institution. To 
the extent that we value precedent around here, this is not the type of 
bad precedent we should be allowing.
  Both democrats and republicans deserve better, and we deserve a 
voice.
  The way this process has been handled also taints the legislative 
success of good bills based on good ideas. The case in point is the 
inclusion of legislation I fully support and of which I am an original 
co-sponsor--the post 9/11 Veterans' Educational Assistance Act. This 
bi-partisan bill overhauls the G.I. bill education benefits and 
increases the benefits available to veterans.
  This is a good bill dropped into an emergency spending bill that the 
Democrats know will not become law. The majority is using the G.I. bill 
for their political play book of attacks against Republicans in the 
upcoming elections--pure and simple.
  This provision, as a standalone bill, has wide support from veterans 
groups and Republicans and Democrats in both the House and the Senate. 
But the American people have the right to have their Members of 
Congress debate and amend the bill.
  I want to read a quote that is relevant to this sad situation. it 
comes from the Democrats' ``New Direction for America'' agenda--``Bills 
should generally come to the floor under a procedure that allows open, 
full and fair debate consisting of a full amendment process that grants 
the minority the right to offer its alternatives, including a 
substitute.''
  Evidently, the Democrat leadership has abandoned that position, and 
rewritten the agenda to read: ``Spending bills should be written by the 
leadership, in secret, and sent to the floor of the House under a 
closed rule, safe from the rules of regular order, traditional debate 
or any risk of being amended by duly-elected members of the House--from 
either party.''
  The citizens of this country deserve better, and the members of this 
body, on both sides, deserve better. This type of practice has no place 
in this house.
  Mr. ETHERIDGE. Mr. Speaker, I rise in support of this legislation to 
provide emergency supplemental appropriations for Fiscal Years 2008. 
This legislation contains funding for the wars in Iraq and Afghanistan 
through the summer of 2009, expands education benefits for veterans, 
and extends unemployment benefits for workers. While this final bill is 
not perfect, I will vote for it to provide necessary funds for our 
troops in the field as well as fund some of our most pressing domestic 
priorities.
  As a veteran of the U.S. Army myself, I strongly support our troops, 
our veterans and their families. Our troops have done everything they 
have been asked to do and done it exceptionally well. I am tremendously 
proud of all the troops from North Carolina and across America who have 
done their duty so admirably. This legislation includes $162.5 billion 
for our troops to fight the wars in Afghanistan and Iraq. It also 
includes provisions to make sure that our troops meet the Pentagon's 
definition of ``combat ready'' before they are deployed to Iraq and 
prevents them from being deployed longer than Pentagon guidelines 
recommend.
  As the representative of Fort Bragg and Pope Air Force Base, I am a 
proud cosponsor of the Post-9/11 Veterans Education Assistance Act and 
am pleased that it is included in the Supplemental Appropriations bill. 
The original Montgomery G.I. Bill was a hugely successful initiative 
that provided hundreds of thousands of soldiers with new opportunities 
in education and business following World War II. We owe those same 
opportunities to the men and women fighting in Iraq and Afghanistan, 
and currently serving around the globe. This initiative would give 
returning service members who have served on active duty in the Armed 
Forces or reserves after September 11, 2001, to receive educational 
assistance for up to 4 years, and can be used at any time within 15 
years of discharge or release from active duty. The new GI bill is also 
fiscally responsible as it is paid for with an income tax surcharge of 
one-half of one percent on individuals with incomes above $500,000 and 
couples with incomes above $1 million. Education is the key to the 
American dream, and our troops who have sacrificed for our country 
should be given every opportunity to access a higher education when 
they leave the service.
  With our economy hurting, this bill extends unemployment benefits for 
workers who have exhausted their benefits by up to 13 weeks in every 
state and an additional 13 weeks in states with high unemployment. With 
the number of Americans looking for work growing, and the number of 
American jobs decreasing, this bill will help those Americans suffering 
in this economy.
  I will continue to work with my colleagues in Congress as well as the 
President and the Administration, to provide a new direction in Iraq 
and to meet the critical needs of the people of North Carolina's Second 
Congressional District.
  Mr. UDALL of Colorado. Mr. Speaker, I will vote for these amendments 
today. Taken together, they provide necessary funding for our troops, 
set the stage for a responsible strategy of phased disengagement in 
Iraq, and address domestic needs and global concerns.
  The war funding will pay for operations in Afghanistan and Iraq for 
the rest of this year and half of 2009. I support this because it will 
make it possible to provide the equipment, ammunition, fuel, and other 
supplies needed by our brave men and women serving in Iraq and 
Afghanistan who have shown such extraordinary skill, determination and 
endurance in answering their call to service.
  I opposed the Bush Administration's rush to war in Iraq, and voted 
against the resolution that authorized the president to send our armed 
forces into that country on the theory that this was necessary in order 
to deprive the Saddam Hussein regime of weapons of mass destruction. 
So, I understand why some of my constituents who also opposed the war 
want Congress to reject this funding measure.
  And I could not agree more that the record of the current 
Administration demonstrates an enormous failure of leadership and that 
we desperately need new leadership that will bring to a close our open-
ended military engagement in Iraq and will refocus on the very urgent 
tasks of reducing the terrorist threats in Afghanistan and Pakistan.
  But I am convinced that denying our men and women in uniform the 
resources they need to do their jobs is not the right way to bring 
about the change we need--especially because President Bush has shown 
he is prepared to veto funding for the troops rather than agree to 
change course.
  Achieving the needed change in course is the point of the second 
amendment--the policy amendment--being considered today. It includes a 
range of provisions, including one that requires redeployment of our 
troops in Iraq to begin within 30 days and that states as a goal the 
completion of this withdrawal within 18 months.
  As I've said before, I don't think there is a sustainable role for 
large numbers of U.S. troops in Iraq. While this provision sends the 
right message--that our troops cannot remain in Iraq indefinitely--
regrettably, it does not send it in the best way, because it will be 
supported almost exclusively by Democrats, and the president has 
already promised to veto any legislation that he says could tie his 
hands on Iraq.
  What we need is consensus here at home on a path forward in Iraq. I 
still think the best way to achieve that consensus would be to focus on 
the recommendations of the Iraq Study Group. Those recommendations 
would be accomplished by legislation I introduced last year, which 
would support a course of escalating economic development, empowerment 
of local government, the provision of basic services, a `surge' in 
regional and international diplomatic efforts, and lightening the 
American footprint in Iraq.
  Today's policy amendment does not include the specific provisions 
from my Iraq Study Group bill, but it does include other important 
provisions--prohibiting military units that are not determined to be 
``mission capable'' from deploying; prohibiting deployment of U.S. 
forces that have not spent sufficient time at their home stations 
between tours of duty; prohibiting permanent bases in Iraq; requiring 
that reconstruction assistance to Iraq be provided in the form of a 
dollar-for-dollar match with the Iraqis; and cracking down on 
contractors engaged in fraud and profiteering, among other provisions.
  These are things I think should be established policy, and I support 
them without hesitation.
  Finally, the domestic and international assistance amendment provides 
increases for international food aid; rejects seven of the 
Administration's Medicaid regulations that will increase the cost of 
healthcare; extends unemployment benefits; provides increases in 
funding for the Bureau of Prisons; and provides enhanced education 
benefits for veterans, among other provisions.
  I support these provisions because I think they are good for the 
country as a whole.
  Some are especially important for Colorado--for example, we have a 
direct interest

[[Page H4042]]

in the funding increase staffing at federal prisons because our state 
has several such facilities and because recent events, including a riot 
that led to fatal shooting of inmates, have shown the need to increase 
those staffing levels.
  And particularly important for America and the future of our society 
is the provision to improve veterans' education benefits to more 
closely resemble the GI Bill of Rights that made it possible for so 
many World War II veterans to go to college. The GI Bill of Rights 
helped make possible the postwar growth of the middle class that was 
one of the greatest achievements of the Greatest Generation. Some have 
complained about the cost of providing similar benefits to those who 
are serving today. But to put those costs--estimated at $52 billion 
over the next 10 years--into perspective, we should remember that so 
far our spending for military activities in Afghanistan and Iraq have 
exceeded $800 billion.
  However, I do have some reservations about the way the amendment 
proposes to finance these benefits. To offset the cost, the amendment 
would impose a surtax of a half a percentage point on incomes of about 
$500,000 for individuals and $1 million for couples. It is estimated 
that this would increase federal revenues by some $54 billion over 10 
years, while the educational benefits are estimated to cost $52 billion 
over that period. So the amount of the tax increase is not excessive, 
and it is appropriate to target it in a way to apply to those best able 
to afford it. But I think there is validity to the concern that some 
small businesses--those whose profits are not covered by corporate 
taxes but are claimed as the personal income of their owners--could be 
disproportionately affected. I think this aspect can and should be 
reviewed as the legislative process continues, to see if appropriate 
adjustments should be made.
  Mr. Speaker, I voted against war in Iraq because, as I said then, the 
Bush Administration was rushing to war without necessary international 
support or a clear plan to prevent the chaos that would follow after 
Saddam Hussein was overthrown. I was concerned a prolonged conflict 
would devolve into civil war. Since U.S. troops entered Iraq more than 
5 years ago, we have lost thousands of our brave servicemen and women, 
seen tens of thousands more wounded, and spent half a trillion dollars 
in taxpayer money.
  Yet the President's mission is no clearer, he has still offered no 
exit strategy, our enemies in Afghanistan have regained their strength, 
and our armed forces have been stretched to the breaking point.
  Only Democrats and Republicans working together can find the path out 
of Iraq. I will continue to work with colleagues on both sides of the 
aisle on further steps we can take to change our broader Iraq policy. 
But today, I will support these amendments providing funding for our 
troops in the field, assistance for Americans suffering through the 
current economic downturn and people around the world suffering from 
spiraling food costs, and important policy measures to take care of our 
troops and remind Iraq's government that U.S. troops will not remain in 
Iraq indefinitely.
  Mr. BACA. Mr. Speaker, I rise today in support of H.R. 2642.
  This bill calls for a responsible redeployment from Iraq; and forces 
the Administration to answer for its actions.
  The cost of this war continues to devastate America.
  This bill includes $96.6 billion in funding, but not without 
accountability.
  This bill includes funds to equip our troops. You would not have a 
surgeon perform a surgery without proper tools; we must not send our 
patriotic Americans to war without the proper equipment.
  This bill will increase transparency in our relationship with Iraq, 
and redirects the voice of America back to Congress, not the 
Administration, and pass on the cost of future reconstruction of Iraq 
back to the hands of the Iraqi people.
  I believe our troops and their families should be our first priority.
  The cost of this war comes in many forms, including unexpected costs 
for our military families. Just like World War II veterans, our 
soldiers returning from overseas will now have a GI bill that keeps 
America's promise of an education to them.
  With the costs of the war rising, the costs of oil skyrocketing, and 
the number of foreclosures hitting emergency levels, many working 
families are facing uphill battles. Congress must not just stand by and 
watch.
  This bill includes emergency provisions for harmful Medicaid cuts and 
an extension on the devastated unemployment compensation program for 
working families.
  From my District alone, this war has cut short the lives of 13 young 
men and has brought back hundreds of injured soldiers.
  The cost of this war is too high both at home and overseas; our 
families are hanging on by a thread. I urge my colleagues to bring our 
troops home and support H.R. 2642.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to thank the 
Gentleman from Pennsylvania, Mr. Murtha for his help on an important 
issue to me and the men and woman at Cannon Air Force Base in my 
district.
  Since the early stages of this legislation, Mr. Murtha has worked 
with me to include aircraft for SOCOM and AFSOC, which has recently 
expanded to Cannon. Cannon is the new home to the 27th Fighter Wing, 
which is being stood up and is in need of aircraft appropriate to the 
specific job performed by these soldiers.
  That is why I am pleased that the supplemental includes money for CV-
22 and MC-130J aircrafts designated for AFSOC. This will greatly assist 
in accelerating the capabilities at Cannon and will give the men and 
women serving there the tools they need to help keep America safe. The 
CV-22s and MC-130Js are integral to the training and mission work done 
by the 27th.
  I am fully committed to ensuring that our soldiers have the training 
and equipment they need to protect our nation, which is why I requested 
this funding. I would like to once again thank Mr. Murtha demonstrating 
our shared commitment to our soldiers by including funding for these 
aircraft.
  Mr. TIAHRT. Mr. Speaker, I rise today to protest the Democrat 
Leadership's dictatorial tactics. Our Founding Fathers, in their 
infinite wisdom, created a system of government by which the people's 
voice would be heard in legislative decisions, especially those 
affecting the use of their hard earned taxpayer dollars. The House of 
Representatives has the awesome responsibility to represent the will of 
the people, and for that reason, under the Constitution of the United 
States, spending bills originate in this body. What we have here today, 
however, is the suppression of the people's voice. This bill is brought 
to the floor without consideration by the committee of jurisdiction 
whose chairmen didn't even have input and without true consideration by 
the House with a lockdown rule that does not allow for consideration of 
amendments or a substitute bill. Democrat and Republican Members have 
been shut out of this process.
  This bill contains funding for the men and women who protect this 
nation at home and abroad--yet the defense subcommittee which holds 
hearings year round about their needs has not been consulted. This bill 
contains funding for our nation's veterans, yet again the subcommittee 
that best understands their needs has not been consulted. This bill 
contains funding for domestic priorities and yet again the 
subcommittees of jurisdiction have not been consulted.
  Why is the Speaker of the House opposed to allowing the House of 
Representatives have their say? I can only assume it is that she knows 
the American people would reject this irresponsible use of their hard 
earned tax dollars. This bill takes $250 billion out of the pockets of 
American workers. $250 billion. That cannot be taken lightly. Families 
across this nation are struggling to keep up with the rising cost of 
gas, rising food prices, rising education costs, etc. The people must 
have a say in whether this is a wise use of their money.
  I strongly support our troops, as do my constituents, yet we are not 
given a chance to have a say in how to best supply them. Mr. Speaker, I 
encourage all of my colleagues to stand up for their constituents and 
demand that we have a say. Vote against the bill and force the Democrat 
Leadership to bring this bill through regular order.
  Ms. DeGETTE. Mr. Speaker, I rise in opposition to the amendment to be 
voted on today which will provide another blank check for the war in 
Iraq:
  I remain steadfast in my opposition to the Iraq war and its continued 
funding. Tens of thousands of our bravest sons and daughters have been 
wounded and over 4 thousand killed. We have spent hundreds of billions 
of dollars on this war, which has necessarily meant we have had fewer 
resources to deal with significant problems here at home.
  Our continued military involvement in Iraq only prolongs the tragedy 
this war has been for our country and delays the inevitable time when 
Iraq will have to take responsibility for its own security. While my 
support for our heroic troops is unwavering, it is time to bring them 
home. These views are shared by the vast majority of the American 
people.
  I strongly support the other two amendments the House is considering 
today. One amendment would bring needed change to our efforts in Iraq. 
For example, it would require that the redeployment of our troops out 
of Iraq begin within thirty days with a goal of completing that 
redeployment by December 2009. And, it would encourage Iraq to 
contribute towards its own reconstruction.
  The other amendment addresses important domestic priorities. Among 
other provisions it would modernize educational benefits for veterans 
and extend unemployment insurance. It also would block devastating 
Medicaid regulations which, if left in place, would reduce access to 
safety-net health care for people

[[Page H4043]]

across the country and threaten the ability of certain health care 
providerss, such as Denver Health in my district, to offer vital 
services.
  These three amendments on the floor today offer the Members of the 
House of Representatives a stark choice. They can choose to reject the 
views of the American people and blindly follow the misguided policies 
of the Bush Administration. Or, they can choose to end this war. 
support our veterans, and help Americans struggling in these dark 
economic times. History will look most kindly on those who show the 
independent judgment and wisdom that such important decisions require.
  Mr. DINGELL. Mr. Speaker, the Iraq War has now entered its sixth 
year. During this time more than 4,000 soldiers have died, almost 
30,000 have been injured, and tens of thousands more will suffer mental 
scars for years to come. The stress of multiple deployments has 
strained our military, and our military families. Many of our brightest 
young officers are leaving the military for careers that allow them to 
have a family, something that is difficult if not impossible when they 
are being asked to return to Iraq every 12 months. In addition, the 
economic cost of this war has been nothing short of staggering. The 
United States has already spent more than five hundred billion dollars 
in Iraq, or about $5000 for every household in America. Our children 
and our grandchildren will be paying off this debt for years to come.
  After all the lives lost and money spent, this President has still 
failed to articulate what our mission in Iraq is, and what strategic 
goals he still hopes to accomplish. That is why I have introduced 
legislation that would require the President to have our troops out of 
Iraq before he leaves office, and also why I do not support giving the 
Pentagon another $162 billion it can use to wage this war for another 
year after the next President is sworn in.
  While I do not support further funding for this war beyond the 
President's term in office, I do support the provisions that have been 
attached conditioning this funding to a timeline for withdrawal, 
prohibiting the use of torture, holding contractors operating in Iraq 
responsible for fraud and other criminal activity, stopping the 
construction of permanent military bases in Iraq, and requiring the 
President to submit any long term security agreement he reaches with 
the Government of Iraq to Congress for approval. For too long this 
President has been given a blank check with which to pursue his Iraq 
policies, and I am glad that the House of Representatives will once 
again attempt to hold him accountable for his mismanagement of this 
war.
  It must be pointed out that this vote is not a vote against the 
troops. Those who are serving our country in Iraq are performing 
admirably under difficult circumstances. Congress has already provided 
funds for the Department of Defense and war operations for Fiscal Year 
2008. This vote won't endanger the troops' safety in any way, but it 
does send a signal to the President that he should begin the process of 
bringing them home.
  I also support the decision to include in this legislation funding 
for other important Democratic priorities that will help boost our 
economy. Overall, these measures make up only a small fraction of the 
total cost of the bill, but they are targeted to make a big impact here 
at home. Not only will they give much needed assistance to the 
unemployed, veterans, and other vulnerable people, but these provisions 
will play an important role in stimulating the lagging economy.
  For example, the supplemental package includes a bill I introduced 
that will place a temporary moratorium on seven regulations recently 
issued by the Centers for Medicare and Medicaid Services (CMS). These 
regulations, if allowed to stay in place, would reduce or eliminate 
payments for services provided to vulnerable Americans and the 
institutions that serve them: children with disabilities, people with 
mental illness, those with multiple care needs, people attempting to 
transition from an institution to a community living environment, and 
people with disabilities who need these critical services, such as 
rehabilitation services and case management, in order to remain in 
their community. In Michigan, the rehabilitation rule would cut 
rehabilitation services for 15,000 children with special needs, 
eliminate habilitation services for another 29,000 developmentally 
disabled adults and children living in the community, and eliminate 
access to critical community services and resources for 23,600 adults 
and 5,100 children who are in supported independent living arrangements 
or group homes.
  The supplemental will also contain legislation I cosponsored to 
extend Unemployment Compensation, a provision that will greatly help 
the residents of Michigan's 15th Congressional District which I have 
the honor of serving. The National Employment Law Project projects that 
from May 2008 through March 2009, more than 162,000 workers will 
exhaust their benefits in Michigan, and that currently over 64,000 have 
already exhausted this benefit. By including this legislation in 
today's supplemental package Congress will be helping 226,590 workers 
in Michigan who desperately need the extra boost, while also giving a 
much needed boost to the economy.
  This bill will also provide expanded G.I. Benefits for Veterans 
Education, restoring the promise of a 4 year college education to those 
returning from Iraq and Afghanistan. As a veteran of World War II, I 
know how instrumental the original G.I. Bill was in expanding economic 
opportunity, growing the middle class, and creating a strong and 
vibrant post-war economy. The President and some of his Republican 
colleagues, including Senator McCain, are opposed to providing 
increased educational opportunities to today's generation of veterans 
because they fear it will discourage men and women currently serving 
from reenlisting. I find it highly disturbing that the President and 
his colleagues would withhold these much needed benefits to those who 
have served our country so admirably, and I would advise them that the 
quickest way to fix our military's retention problem would be to put an 
end to the misguided Iraq war that has so seriously damaged morale.
  Another provision that I strongly support provides $675 million to 
assist refugees, with the bulk of that money going to address the 
growing humanitarian crisis in Iraq. I asked the President to include 
$1.5 billion in his budget for increased U.S. spending in the region, 
increased U.S. contributions to United Nations appeals for Iraqi 
refugees, and increased bilateral assistance for our allies, such as 
Jordan, that are struggling to deal with huge numbers of Iraqi refugees 
within their borders. Unfortunately this request was denied, and I am 
very pleased that I was able to work with my Democratic colleagues to 
see to it that some of these funds were made available in the 
Supplemental.
  No matter what we do here today, the President has made it clear that 
he intends to keep 160,000 troops in Iraq as long as he is in office. 
While I am disappointed that it appears the President has no interest 
in ending the war on his watch, I am pleased the Democratic Congress 
has gone on record as being opposed to that plan, and has put in place 
the kind of timelines and restrictions required for us to begin to 
bring our troops home. I also think it is wholly appropriate to include 
funding for domestic priorities in an emergency supplemental spending 
bill. Just as the President's mishandling of the Iraq war has caused a 
crisis in the Middle East, his mismanagement of the economy has created 
a crisis here at home for millions of Americans.
  Mr. Speaker, I rise today to voice my strong support for a particular 
provision in the Supplemental Appropriations legislation, H.R. 2642.
  Included in this bill is legislation that I introduced with 
Representative Tim Murphy of Pennsylvania. The ``Protecting the 
Medicaid Safety Net Act of 2008'' is a simple, straightforward bill 
that would place a temporary moratorium on seven regulations recently 
issued by the Centers for Medicare and Medicaid Services (CMS).
  The Committee on Energy and Commerce recently reported the bill with 
unanimous support. The House then passed it with an overwhelming 
bipartisan vote of 349 to 62.
  These Medicaid regulations in question, if allowed to stay in place, 
would reduce or eliminate payments for services provided to vulnerable 
Americans and the institutions that serve them. They would affect 
children with disabilities, people with mental illness, those with 
multiple care needs, people attempting to transition from an 
institution to a community living environment, and people with 
disabilities who need services, such as rehabilitation services and 
case management in order to remain in their community. The regulations 
would also eliminate funding for school-based outreach and enrollment, 
and funding that helps safety net providers care for indigent and 
under-insured patients in our communities.
  In my home State of Michigan, the rehabilitation rule would cut 
services for 15,000 children with special needs, eliminate services for 
another 29,000 developmentally disabled adults and children and 
eliminate access to critical community services and resources for 
23,600 adults and 5,100 children who are in supported independent 
living arrangements or group homes.
  The Administration's arguments for supporting these regulations 
simply do not hold water. These regulations go beyond any justifiable 
point to curb abuses in the system. Rather, they represent a misguided 
effort to shift costs to States and prohibit Federal support for 
legitimate expenditures on behalf of Medicaid beneficiaries.
  More than 2,000 organizations representing beneficiaries, providers, 
schools, and States have written to lend their support to this 
initiative, from ``A'', such as the American Hospital Association and 
the American Academy of Pediatrics, to ``Z,'' the Zion Lutheran 
Elementary School in Nebraska. The chorus of support has been 
overwhelming.

[[Page H4044]]

  I would also like to take a moment to commend Chairman Pallone and 
Ranking Members Barton and Deal who worked to prepare the bill for 
rapid action in Committee and the House floor.
  I also wish to thank Chairman Obey for including the Medicaid 
legislation in the supplemental appropriations bill.
  Ms. ESHOO. Mr. Speaker, I rise in strong opposition to continued war 
funding for Iraq.
  I voted against the war and have never wavered in my opposition to 
the Administration's misguided policies in Iraq.
  It has been a long and painful 5 year journey for the people of our 
country since the Administration acted preemptively and unilaterally to 
invade and occupy Iraq.
  Military leaders, the best minds in foreign and economic policy, and 
the vast majority of the American people have been resoundingly clear: 
The Administration's war-without-end policy is not a strategy for 
success.
  As retired General William Odom, former Director of the National 
Security Agency under President Reagan and member of the National 
Security Council under President Carter stated, ``Getting out of Iraq 
is the pre-condition for creating new strategic options.''
  I cannot support war funding without a clear exit strategy in sight. 
It is bad for our troops, our country, and our standing in the world.
  Mr. Speaker, I rise in support of today's second amendment that 
includes a clear path out of Iraq, a plan that my constituents and the 
vast majority of Americans are demanding.
  More than 5 years ago the President proclaimed ``Mission 
Accomplished'' in Iraq. Paradoxically, he insists on a permanent U.S. 
presence there. And what exactly has this Administration 
``accomplished'' in Iraq?
  More than 4,000 U.S. soldiers have been killed and almost 30,000 
injured; tens of thousands Iraqi civilian deaths; an emboldened Iran 
and new threats from Al Qaeda in the region; $519 billion taxpayer 
dollars spent and a future expenditure of some $3 trillion; a hobbled 
Iraqi government unable to provide clean water, medical care, jobs for 
its people, or pass critical oil sharing legislation; a U.S. military 
on the verge of collapse and unable to press vigorously the critical 
fight in Afghanistan or respond to other crises in the world; and still 
no exit strategy.
  With no end game in sight, the Administration and its supporters in 
Congress are complicit in a continuation of a failed policy which they 
insist on extending with a blank check policy to accompany it.
  The President owes it to our brave men and women in Iraq and their 
families, he owes it to the American people, and he owes it to the 
citizens of Iraq not to leave this mess for the next President to 
finish.
  This bill establishes a clear path out of Iraq. The language requires 
the Administration to begin redeployment 30 days after enactment and 
requires Secretary Gates to submit to Congress within 90 days a report 
detailing plans to reduce and redeploy troops from Iraq. It prohibits 
sending troops to Iraq that are not assessed as ``fully mission 
capable'' of performing their assigned mission, and outlaws the 
presence of a permanent U.S. base there. Additionally, this provision 
requires the Iraqi government to match every U.S. dollar spent for 
training and infrastructure construction and repair. Finally, it 
prohibits the intelligence community from subjecting detainees to 
interrogation techniques not authorized by the U.S. Army Field Manual. 
This will essentially abolish the use of water torture and begin to 
restore America's standing in the world community.
  As a member of the Permanent Select Committee on Intelligence it is 
vital that we extend the ban on torture to the Intelligence agencies. 
The President has said he will veto any ban on torture, clearly 
demonstrating his desire to reserve for himself the right to subject 
detainees to these horrendous techniques. Congress has an obligation to 
make it clear that the American people do not believe in torture and 
will not allow it to continue.
  This amendment sets a decisive course out of Iraq and begins to shift 
responsibilities to the Iraqi government. I urge my colleagues to heed 
the demands of the American people and support this strategy.
  Mr. Speaker, I'm very pleased that the Appropriations Committee 
included two important provisions in today's third amendment. First, it 
includes critical funding for Iraqi Christians and second, it 
modernizes and improves the G.I. bill.
  I'm pleased that the amendment contains $10 million for vulnerable 
Iraqi minorities, including Christians. The needs of Assyrians in Iraq 
could not be greater. A report produced by the Department of State on 
U.S. assistance to the Nineveh Plains in Iraq concluded that Christian 
minorities have experienced serious human rights abuses in the Nineveh 
Plains. The report also states that the region has absorbed a 
significant number of Christian internally displaced persons (IDPs) 
moving from the south, placing an economic burden in the area.
  They are fleeing because they are being threatened and murdered in 
their home communities. Their priests are being executed, their 
churches burned, and their nuns threatened. In February of this year, 
Archbishop Paulos Rahho was abducted and murdered in Mosul.
  While Assyrians only represented 5 percent of the total Iraqi 
population before the war, according to the United Nations today they 
comprise as much as 40 percent of the growing Iraqi refugees who have 
fled for their lives to Syria, Jordan, Lebanon, and Turkey.
  These families desperately need security, housing, jobs, schools and 
the chance to live in a sustainable community where they can openly 
practice their faith. This funding is essential to their survival.
  Also included in this amendment is a modernization of the G.I. bill. 
The G.I. bill has been heralded as one of the most successful 
government programs in the history of our Nation. It gave millions of 
G.I.s the chance to go to college, many of whom were the first to 
receive a college education in their families. But the G.I. bill is 
over 54 years old and has not kept up with rising tuition costs.
  According to a recent Department of Veterans Affairs (V.A.) survey, 
18 percent of the veterans recently back from tours of duty are 
unemployed. Of those employed since leaving the military, 25 percent 
earn less than $21,840 a year. The survey also demonstrated that only 
48.4 percent of the respondents took advantage of the G.I. bill and 
concluded that receiving the benefits of the current G.I. bill was not 
a strong predictor of successful employment outcomes.
  This survey clearly demonstrates the need for this new G.I. bill. The 
amendment provides veterans with a maximum educational benefit equal to 
the highest tuition rate of a public college or university in their 
State, as well as a monthly stipend for housing. It also establishes a 
new program in which private educational institutions would make 
financial contributions toward veterans' tuition, and the federal 
government would match those contributions.
  When our veterans return from the battlefield, they should have every 
opportunity to enter the classroom and ultimately the civilian 
workforce. Our Nation needs these brave men and women to contribute to 
the growth and health of our economy and this new G.I. bill 
accomplishes this.
  From development funding for Iraqi Christians to the creation of a 
new G.I. bill, this amendment addresses specific urgent needs for our 
Nation and world. The amendment is well crafted and I urge my 
colleagues to support its passage.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1197, the previous question is ordered.
  The question of adoption of the motion is divided among the three 
proposed House amendments to the Senate amendment.
  The first portion of the divided question is, Will the House concur 
in the amendment of the Senate with House amendment No. 1 printed in 
House Report 110-636?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OBEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.

                          ____________________