[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:
[[Page H3955]]
[GRAPHIC] [TIFF OMITTED] TH15MY08.001
[[Page H3956]]
[GRAPHIC] [TIFF OMITTED] TH15MY08.002
[[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
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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]]
[GRAPHIC] [TIFF OMITTED] TH15MY08.044
[[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]]
[GRAPHIC] [TIFF OMITTED] TH15MY08.045
[[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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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.
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