Congressional Record, Volume 154 Issue 107 (Thursday, June 26, 2008)

[Congressional Record Volume 154, Number 107 (Thursday, June 26, 2008)]
[Senate]
[Pages S6234-S6267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SUPPLEMENTAL APPROPRIATIONS ACT, 2008

The PRESIDING OFFICER. The Chair lays before the Senate a message
from the House.
The legislative clerk read as follows:

Resolved, That the House agree to the amendments of the
Senate to the amendments of the House to the amendment of the
Senate to the bill (H.R. 2642) entitled ``An Act 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,'' with
amendments.

The PRESIDING OFFICER. Under the previous order, the motion to concur
in the House amendments to the Senate amendment to the House amendment
to the Senate amendment to the bill is considered made.
The Senator from Virginia is recognized.
Mr. WEBB. Are we in order to proceed on the supplemental?
The PRESIDING OFFICER. The Senator is recognized for up to 5 minutes.
Mr. WEBB. Mr. President, I don't expect very many people to vote
against this supplemental. It comes to us from the House with a vote, I
recall, of 416 to 12. The President asked for most of the provisions in
this bill. The one provision I would like to speak very briefly about
tonight is the GI bill provision that is in this supplemental. This is
not an expansion of veterans' benefits. This is a new program. This is
the first wartime GI bill benefit since Vietnam.
I wish to thank very much people on both sides of the aisle for all
the work we have been able to do. There were 11 Republicans who
cosponsored this provision, in addition to others who voted for it the
first time around. There were more than 300 sponsors in the House.
Those sponsors in the House included 90 Republicans.
I especially express my appreciation to Senator Hagel and Senator
Warner, as well as Senator Lautenberg, for being the principal
cosponsors along with me on this measure, also Chairman Akaka of the
Veterans' Affairs Committee and the majority leader, who was with us
early on.
There are people on my staff who were working on this every day for
18 months, it is a very complex bill: Paul Reagan, my chief of staff;
Michael Sozan, my legislative director; William Edwards, my legislative
assistant for veterans' affairs; Jacki Ball; Jessica Smith and Kimberly
Hunter, who are on our communications staff; Phillip Thompson and Mac
McGarvey, both former Marines, who worked hard early on. And those from
the staff of the Committee on Veterans' Affairs: Bill Brew, staff
director, and Babette Polzer.
This is a landmark piece of legislation that will be in this
provision. There are going to be a lot of veterans in the United States
who are going to be very happy with the Senate tonight.
I yield the floor.
The PRESIDING OFFICER. Who yields time? The Senator from Texas is
recognized.
Mrs. HUTCHISON. Mr. President, I know the time is late. This is a
very important bill. It is one that has many good features, and the
good features certainly outweigh the bad features. I know we never get
everything we want in Congress. We certainly heard a lot about that a
few minutes ago. I wish to talk about a couple of very important parts
of this bill.
Also in the GI bill is something I worked very hard to put in that
bill, which is the transferability of the education benefits that a
person in the military now is able to transfer to a spouse or children.
There are many people who don't want to leave the military to take
that education opportunity, but they would love to give their spouse or
their child that opportunity. It is now in this bill. Very important.
It also incorporates a bill that I introduced early this year, again,
for veterans. Who would have thought, Mr. President, that someone who
dies serving our country in Iraq and leaves behind a $300 bill due the
Veterans' Administration for education benefits--that they were not
able to finish because they gave their life in the war--would then get
a bill from the Veterans' Administration for that $385? In fact, Mr.
President, that is what has been happening since we went into the war
on terror.
The Secretary of Veterans Affairs asked me to introduce a bill so he
would not have to do that because he knew it was wrong and that we
wouldn't want it being done. This bill we are voting on tonight will go
retroactive to 9/11, 2001, and it will assure that every family who has
been sent a bill and paid that bill, after their loved one has died in
service to their country, will be reimbursed, and no bill will ever go
out again. That is in this bill, and I am very proud we finally passed
it.
Also in this bill is the Merida Initiative, as part of the
supplemental. In my home State, and all the border States with Mexico,
we are seeing violence with drug cartels that are now targeting our law
enforcement officers on our side of the border as well as those in
Mexico. They are dying trying to stop the drug cartels that are
importing drugs into our country. The Merida Initiative that President
Bush and President Calderon have put together is a part of this
supplemental. I had hoped that we could also help our local law
enforcement officials who do not have the equipment they need to deal
with these more violent, more sophisticated drug cartels, but I am
telling you right now I am going to pursue that in the next bill we
pass that is an appropriations bill because our local law enforcement
officials are certainly in need of our help.
We didn't get that in this bill, and I am disappointed, but there
will be another day. We have to do this together. We have to stop the
drug infusion into our country and stop these heinous crimes that are
being committed by the drug cartels in Mexico.
So I support this bill. I hope we will all support it. It is a
supplemental. Most of it is what the President asked for. We didn't all
get what we wanted, but it is a worthy bill to support.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
Mr. COBURN. Mr. President, I plan to raise a point of order in a
moment, but first I wish to make a statement.
The emergency spending bill being considered by the Senate would
provide $210 million for the 2010 Census. No strings are attached to
the funding, giving the Census Bureau freedom to spend the money in any
way it chooses. While the mission of the Census Bureau is vitally
important because of its role in apportioning the House of
Representatives and the distribution of billions of dollars in federal
grants, the agency has proved to be notoriously bad at spending
taxpayer money--and the last thing Congress should do is provide more.

[[Page S6235]]

Emergency spending bills should be reserved only for true
emergencies, and the 2010 Census is not one of them. The Census Bureau
has spent hundreds of millions of dollars over the past 8 years
preparing for the 2010 Census. Yet, even that much time and that much
money has not been enough to prevent the Bureau from being woefully
underprepared.
One of the top priorities for the 2010 Census was modernizing the
method for collecting census data so that technology would replace the
traditional pen and paper method. One former Director of the Census
Bureau called the modernization effort a ``significant improvement''
over the way data had been collected in the past.
Modernization of the census would take two forms:
First, allowing citizens to fill out census forms over the Internet,
rather than on paper only.
Second, equipping census workers who go door-to-door to collect
information with handheld computers instead of paper forms.
Two contracts were awarded to build the technology: one to Lockheed
Martin for, among other things, the development of an online system and
a second to the Harris Corporation for the development of the handheld
computers. Unfortunately, mismanagement and incompetence forced the
Census Bureau to abandon both the Internet in March 2006 and the
handheld computers in April 2008 as a means of collecting data. In
place of technology, the Bureau has decided to revert back to an
entirely paper-based system--exactly the same way census data was
collected 200 years ago.
According to the Census Bureau, the reason for abandoning technology
and reverting to paper was its own failure to communicate what it
wanted to the contractors. The result was a great deal of confusion,
schedule delays and irreversible cost overruns. According to the
Government Accountability Office, the Census Bureau was warned
repeatedly that problems would mount if it failed to define what it
wanted the contractor to do. Instead of taking action, the Bureau kept
changing its mind about what it wanted. As recently as January 16,
2008--nearly 2 years after the contract was awarded--the Census Bureau
made 400 changes to the contract for handheld computers. To this day,
the Census Bureau has still not finalized the handheld computer
contract with the Harris Corporation and may not do so until September.

The Census Bureau's mismanagement of the handheld computer contract
has become the poster-child for how not to run a large information
technology contract. Poor management by the Bureau has diminished the
role that technology will play in the 2010 census to the point of
embarrassment. Americans will take their Census by paper at the same
time that more than 80 million people are filing their Federal taxes
online according to the Pew Internet and American Life Project, 75
percent of all adults are actively online. That percentage increases to
between 85-90 percent for adults under the age of 50.
According to the Census Bureau, the impact of abandoning technology
in the 2010 Census will be a $3 billion overrun. This would bring the
total price tag of the 2010 Census to roughly $14.5 billion--or more
than double the cost in 2000. Congress should not reward mismanagement
at the Census Bureau with an additional $210 million in emergency
funding for FY 2008. It is unfair that Congress would ask taxpayers to
bail out the Census Bureau for its incompetence in light of the
repeated warnings that cost overruns would result from its poor
management.
Because the problems of the Census Bureau are of its own making, any
additional funding needs for fiscal year 2008 should come out of the
budget of the Census Bureau or the Department of Commerce. The real
``emergency'' with the 2010 Census is the failure, mismanagement and
incompetence of the Census Bureau.
According to Congress' own rules, emergency spending is only allowed
for needs that truly cannot wait until the next spending cycle. These
rules are not difficult to understand and lay out clearly what is and
what is not an emergency.
There are many activities funded in the bill that are not actual
emergencies according to the rules, but at the top of the list of non-
emergencies is the $210 million for the 2010 Census. The 2010 Census
may go down in history as one of the worst managed and most expensive
of all time, primarily because it saw enormous problems on the horizon
and chose to ignore them--leading to the emergency today.
Problems at the Census Bureau have been obvious to auditors and to
Congress for years, and the funding in this bill is nothing more than a
taxpayer-subsidized bailout for a mismanaged and incompetent agency.
The Senate should uphold a point of order against the $210 million
included in this bill for the 2010 Census because it violates every
definition of emergency spending and provides no accountability for how
the money will be spent by an agency that has proven that it
desperately needs accountability.

According to the rules, spending can only qualify as an emergency if
it meets all of the following criteria:
It is a necessary expenditure--an essential or vital expenditure, not
one that is merely useful or beneficial;
It is sudden--coming into being quickly, not building up over time;
It is urgent--a pressing and compelling need requiring immediate
action;
It is unforeseen--not predictable or seen beforehand as a coming
need, although an emergency that is part of an overall level of
anticipated emergencies, particularly when estimated in advance, would
not be ``unforeseen''; and
It is not permanent--the need is temporary in nature.
Not only does funding for the Census fall short of meeting all of the
criteria for emergency spending, it actually fails to meet any of the
criteria.
According to Senate Concurrent Resolution 21, any emergency funding
for the Census would have to be ``necessary, essential, or vital--not
merely useful or beneficial.'' The purpose of this rule is to separate
true emergencies from needs that can wait for the regular
appropriations process. An accurate count of the population is
important for apportioning the House of Representatives, but that alone
does not qualify it for emergency funding.
One of the best ways to determine whether funding is ``necessary'' or
``vital'' is to ask the following basic question: ``How does the Census
Bureau plan to spend $210 million?'' If funding is truly necessary then
there should be a clear answer to that question in the form of a
specific plan stating the emergency and how the money would be spent.
So, what is the money for? The answer is: no one knows.
The Census Bureau has not requested any emergency funding from the
emergency supplemental appropriations bill, nor has it provided a plan
for how the money would be spent if received. At a March 6, 2008,
hearing of the Senate Appropriations Subcommittee on Commerce, Justice,
and Science, Chairman Barbara Mikulski directly asked both the Commerce
Secretary, Carlos Gutierrez, and the Census Director, Steven Murdock,
whether they needed emergency funding. Sen. Mikulski gave them a
deadline of April 10 to make their request, but both the Secretary of
Commerce and the Director of the Census Bureau declined to request any
funding. In response, the Commerce Department stated that it did not
need emergency money because plenty of funding was available within the
department's existing budget. On April 3, 2008--a week ahead of Sen.
Mikulski's deadline--Secretary of Commerce Gutierrez instead sent
Congress a request to allow the Department to reprogram the
department's existing funds to cover the cost overruns at the Census
Bureau. Reprogramming existing funds would force the Department of
Commerce to offset an increase in Census funding and to bear the burden
of its own mistakes rather than placing the burden on taxpayers. On
June 9, the President sent a letter to Congress asking for an increase
to its fiscal year 2009 budget request for the Census, but also
provides offsetting decreases to other programs. The Administration has
stated that it would like for all Census money to come from non-
emergency spending, which would ensure that the Census Bureau's needs
are not paid for out of deficit spending.

Unfortunately, Congress has chosen deficit spending over fiscal
responsibility by including $210 million in this bill for the Census.
Congress would rather spend additional taxpayer

[[Page S6236]]

money than cut existing program budgets within the Department of
Commerce. Including money in this bill for the census shows little
regard for taxpayers, viewing them as a source of easy money rather
than as people who work hard for their income. Congress is simply
playing games with the budget rules and driving up the deficit.
Senate rules require that emergency spending bills be reserved only
for needs that are ``sudden, urgent and unforeseen'' in nature. The
United States has been conducting a census every 10 years since 1790 as
required by the Constitution and therefore is never unforeseen.
The Census Bureau is, however, currently facing a likely $3 billion
cost overrun for the 2010 Census because of its decision to abandon the
use of handheld computers and rely exclusively on paper. Only by
stretching the meaning of ``sudden, urgent and unforeseen'' beyond
recognition can it be said that the Census Bureau did not see this
problem coming. More than 18 months ago, the Census Bureau itself
recognized that abandoning the handheld computers for paper would
result in a cost increase for the 2010 Census of at least $1 billion.
On August 31, 2006, Former Census Director Louis Kincannon wrote a
letter to the Subcommittee on Federal Financial Management with the
following warning about reverting to a paper-based census:
``In addition to significant cost increases to the 2010 Census,
reverting to a paper-based operation will compromise efforts to
improving coverage . . . and will significantly increase the risk of
operational failure during the 2010 Census.''
Even as that letter was written, the Census Bureau was being warned
that its poor management of the handheld computer project could force
the Bureau to revert to an all-paper census. The problems and cost
overruns that are materializing today were predicted publicly for a
long time, but the Census Bureau ignored the warnings and took no
action to prevent the problems.
Chairman Henry Waxman, of the House Oversight and Government Reform
Committee, has extensively documented the warnings that were given to
the Census Bureau over several years. In addition, the Census Bureau
was warned repeatedly by the Government Accountability Office, the
Commerce Inspector General, the MITRE Corporation and Congress about
its poor planning of the 2010 Census. Each step along the way, the
Bureau systematically ignored every warning, leading to the schedule
delays and cost overruns being experienced today. The following
chronology shows clearly that the current problems being experienced by
the Census Bureau are not ``sudden, urgent or unforeseen.''

January 2004--GAG recommended that the Secretary of Commerce develop
a ``single integrated project plan'' for executing the 2010 Census,
including how to incorporate technology. The Census Bureau ignored the
recommendation and moved forward without a plan.
September 2004--The Commerce Inspector General warned that the Bureau
should follow a number of key ``software engineering practices'' to
avoid pitfalls with the handheld computers. These included doing a
better job with ``system requirements'' and overseeing its contractor.
The contract for the handhelds was awarded to the Harris Corporation
with very few details about what should be produced--more than two
years later the plans are still not finalized.
June 2005--GAG warned the Census Bureau that the agency was ``at
increased risk of not adequately managing major IT investments and is
more likely to experience cost and schedule overruns and performance
shortfalls.'' GAO made several recommendations aimed at improving
weaknesses in the Bureau's management of information technology. The
Census Bureau failed to adequately respond to these recommendations.
March 2006--As the Bureau was getting ready to award the contract to
the Harris Corporation, GAO warned that the agency did not have a
``full set of capabilities they need to effectively manage the
acquisitions.'' Unless the problem was to be addressed, GAO warned that
technology problems could lead to ``cost overruns, schedule delays, and
performance shortfalls.'' The Census Bureau ignored the warnings and
still has not addressed them more than two years later.
June 2006--The Senate Subcommittee on Federal Financial Management
held a hearing on the Census and then-Director Louis Kincannon was
asked about whether there was a backup plan if the handheld computers
did not work. Even as the GAO was raising concerns that technology for
the 2010 Census was in jeopardy, the Director said that no backup plan
was needed since the computers were guaranteed to work, and said the
following:
``You might as well ask me what happens if the Postal Service refuses
to deliver the census forms.''
July 2006--GAO issued a report stating that if the Census Bureau did
not do more to ensure the success of the handheld computers, it would
be faced with the ``possibility of having to revert to the costly
paper-based census used in 2000.''
April 2007--GAO testified before Congress that ``uncertainty
surrounded'' the handheld computers because the devices were not being
properly tested and The Census Bureau ignored the warnings.
June 2007--The Census Bureau's private, independent consultant--the
MITRE Corporation--sounded a loud alarm and warned that the Bureau's
continued refusal to make final specifications could put the entire
census at risk of severe cost overruns. Census Bureau management
dismissed the warning.
July 2007--GAO testified again before a Senate subcommittee that
there were ``technical problems with the handheld computing devices''
and that ``risk management activities'' were ``imperative.'' Failure to
address these concerns could threaten to overtake the handheld computer
project.
October 2007--Once again GAO, with a rising sense of urgency, warned
that the handheld contract faced ``an increased probability that
decennial systems will not be delivered on schedule and within
budget.'' The Census Bureau did not disagree with this assessment.
November 2007--MITRE Corporation executives called an emergency
meeting with the Deputy Director of the Census to recommend that he
develop a backup plan for paper because the problems with the handheld
computers were so severe.
December 2007--In the last days of the year on December 11, the
outgoing Director of the Census Bureau testified at a House hearing
about the handheld computers and brushed off any concerns raised by
Members. He denied that any serious problems existed or that there were
any significant delays or cost overruns.
For years, there were warnings raised to the Census Bureau on nearly
a monthly basis at times, but those warnings were patently ignored and
disdained by Census management. Not until February 2008--when the media
caught wind of the true situation--did the Census Bureau acknowledge
publicly that there was a serious problem with the handheld computers
and that large cost overruns were likely.
In testimony before the Senate Homeland Security Committee on March
5, 2008, the Secretary of Commerce, Carlos Gutierrez, took it one step
further and accepted responsibility for failing to act earlier. He
said:
``Clearly the problem was more significant than had been conveyed in
the December 11 hearing.
In testimony before the Committee on April 15, Secretary Gutierrez
admitted that the Bureau was aware of problems by early 2007, when he
said:
``Concerns about the [handheld computer) program grew over time and
Census and Commerce officials became increasingly aware of the
significance of the problems through GAO and Office of Inspector
General reviews, the 2007 dress rehearsal and internal assessments.''
None of these concerns were relayed to Congress until it was too late
and emergency funding was the only recourse. With this chronology of
events, it is simply not possible to claim that any problems with the
2010 Census being seen today are ``sudden, urgent and unforeseen.''
They have been just the opposite: unsurprising, longstanding and
predictable.
Without diminishing the importance of the 2010 Census, the funding in
this bill does not meet the definition of an emergency by a long shot.
The problems surfacing today were not only

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predicted many times in the past few years, but were documented
publicly in numerous congressional hearings. A vote to waive the rules
on emergency spending in this situation is a vote to render the
emergency spending rules meaningless. A vote to waive the rules is also
a vote to reward incompetent management at the Census Bureau despite
its ignoring years of repeated warnings that problems were on the
horizon.
In order to qualify for emergency funding, it must be proved that
funding for the 2010 Census is ``temporary in nature.'' The rule is
intended to ensure that needs that are long-standing or ongoing do not
get funding under emergency rules. Rather, only those needs that are
short-lived can qualify as an emergency.
No activity of the U.S. Government has existed for a longer period of
time nor has an activity of the government been as predictable as the
decennial census. Article 1, Section 2 of the Constitution states that
``The actual Enumeration shall be made within three Years after the
first Meeting of the Congress of the United States, and within every
subsequent Term of ten Years, in such Manner as they shall by Law
direct.'' With these words, the Founding Fathers established that a
census of the entire population would be taken every ten years in
perpetuity. Since the birth of the Nation more than 230 years ago, a
census has been taken every 10 years--few things in government are as
permanent as the census.
It should come as a surprise to no one that there will be a census in
2010, least of all to Congress and to the Census Bureau. $210 million
in emergency spending should not be included in a bill that is intended
only for measures that are ``not permanent'' or ``temporary.''
The Census Bureau finds itself today as the recipient of a bailout
from Congress because it has been taught by past experience to expect a
bailout whenever times get tough. The example of the 2000 Census
provides an illustration of how the expectation of a congressional
bailout drives up costs because it decreases concerns about getting the
best price.
By the late 1990s, census planners were operating under the
assumption that the 2000 Census would cost $4 billion--then the most
expensive of all time. At the time, the Census Bureau was planning to
use a method of data collection known as ``sampling'' during the 2000
Census. On January 25, 1999, only 15 months before Census Day 2000, the
Supreme Court ruled that sampling was not allowable, and that the
Census Bureau would have to redesign the 2000 Census.
Although the issue was highly controversial, and subject to a ruling
by the Supreme Court, the Census Bureau failed to make any plans
whatsoever in the event that sampling would not be allowed. In
September 1999, GAO reported that: ``The bureau did not begin detailed
budgeting for a nonsampling-based census until after the Supreme Court
ruled that the Census Act prohibited the use of statistical sampling.''
Thus, poor planning and mismanagement forced the Census Bureau to
request an additional $2.6 billion from Congress during the final year
of preparations.
Congress was faced with the decision to either cut $2.6 billion from
existing programs or designate the new funding as an emergency. Not
surprisingly, Congress chose to designate the $2.6 billion as an
emergency since it allowed the funding to get around the budget rules
that would have otherwise required spending cuts. It is the worst kept
secret in Washington that emergency spending is nothing more than a
ploy by politicians to bust through the budget caps and spend more
money. Although Members of Congress were spared from having to make any
difficult choices, taxpayers were not so lucky.
Today, for the 2010 Census, Congress is once again facing a decision
about how to come up with $3 billion. And, once again it wants to pay
for it on the backs of the American people. Management at the Census
Bureau is smart enough to know that Congress will never hold the agency
accountable for its mismanagement of taxpayer dollars, as evidenced by
the $210 million in this bill. Congress should begin holding the Census
Bureau accountable today and sustain the point of order against
emergency funding for the census in this bill.

members of congress have repeatedly noted that census problems were a
failure of management, not the result of an emergency

By providing $210 million to the Census Bureau, Congress is
disregarding the findings of its own committees. There have been no
fewer than five committee hearings in the past 3 months detailing the
long-standing failures of the Census Bureau to properly manage the 2010
Census.
Several members of Congress from both parties and both houses have
commented over the past several months about the poor management of the
Census Bureau and the shocking indifference it showed towards those
that tried to raise a warning. The following statements have been made
in recent months by various Members of Congress.

On March 6, the Chairman of the Senate Commerce, Justice and State
Appropriations Subcommittee, Senator Barbara Mikulski, said that it was
``shocking'' that the 2010 Census will be done the same way ``we've
been doing censuses for 200 years.'' Senator Mikulski also stated that
``a paper census in America borders on a scandal.''
On June 18th, the ranking member of the CJS Subcommittee, Senator
Richard Shelby, said that the $3 billion cost overrun is the result of
``gross mismanagement of the Census Bureau in acquiring hand held
computers.''
In March 2008, Representative Carolyn Maloney called the management
of the 2010 Census a ``mess'' and said that ``what we're facing is a
statistical Katrina.'' In April 2008, upon hearing that the Census
Bureau decided to abandon the handheld computers, she said: ``It brings
little satisfaction to have been right about this, but we've said since
last year the Census was in real peril.''
Representative Henry Waxman, Chairman of the House Oversight and
Government Reform Committee, blamed the cost overruns on ``serious
mismanagement'' and said that ``the costly decision to return to a
paper census was avoidable.''
At a hearing in March, Senator Tom Carper, Chairman of the
subcommittee with jurisdiction over the Census Bureau, said that ``the
Census Bureau did not heed the warnings coming from GAO and others that
their handheld project was troubled.''
Representative Lacy Clay, who chairs the House Census Subcommittee
said, ``This appalling failure of management oversight by both the
Census Bureau and Harris Interactive, combined with ridiculous cost
overruns is totally unacceptable.'' Representative Clay also said:
``[Harris] is delivering half of the hand-held computers that the
Census Bureau originally ordered. The machines can't do what we wanted
them to do. And yet, Harris expects the taxpayers to provide more than
$700 million more to pay for their failures. That is outrageous.''
Senator Joe Lieberman said that ``it is inexcusable that the Census
Bureau must still rely on paper and pencils to perform its most
important function.''
Senator Susan Collins, in discussing the management of the census,
said that ``there is little to applaud and much to be concerned
about.'' Senator Collins went to blame agency management for a
``combination of wishful thinking, lax management, and tunnel vision.''

Even the Secretary of Commerce, Carlos Gutierrez, who is ultimately
responsible for the 2010 Census, said that the problems with the
handheld computers are not the result of an unexpected emergency, but
is ``a management problem.''

The Census Bureau has a poor track record of using taxpayer money

The Census Bureau has one of the worst track records of any federal
agency when it comes to spending taxpayer money. Numerous accounts can
be given to highlight the way in which the Census Bureau wastes money
through negligence, mismanagement and incompetence. The $210 million in
emergency funding in the bill is nothing more than rewarding bad
behavior with more money and no accountability.
Consider the following ways in which the Census Bureau has done a
poor job of controlling the cost of the census:
The cost of the census has doubled every time it has been taken since
1970.

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In 1970, it cost only $248 million to count 200,000 American citizens,
but in 2010, it will cost nearly $15 billion to count 300,000
citizens--that means it will cost 60 times more to count 1\1/2\ times
as many people. In the 1990 Census it cost $10 per person to count the
population--in the 2010 Census, it will cost at least $47 per person.
More recently, the Census Bureau awarded a $600 million cost-plus
contract to the Harris Corporation for the development of handheld
computers, which has skyrocketed above the original plan. The handheld
computers were supposed to perform a number of functions, including two
functions called Address Canvassing and Non-Response Follow Up:
Address Canvassing is the process of plotting every American
household with a GPS coordinate.
Non-Response Follow Up is the process of collecting information door-
to-door from households that don't respond to the census by mail.
Due to mismanagement by the Census Bureau, the project has not only
been severely scaled back but the cost of the contract will likely
double. In April, the Secretary of Commerce decided to eliminate Non-
Response Follow Up from the list of functions that the handheld
computer would perform, leaving only Address Canvassing. The Harris
Corporation estimated that the impact of that decision so close to the
2010 Census would increase the cost of the contract from approximately
$600 million to $1.3 billion--an overrun of $700 million to be funded
by taxpayers.
According to estimates based on the new contract, the unit cost for
each handheld computer would be $600 for a device that can do nothing
more than plot homes on a map using GPS coordinates. This means that
the Census Bureau will pay $600 for a custom-made handheld device that
can do less than an off-the-shelf BlackBerry that costs $200 or an
iPhone that costs $275.

One of the most glaring examples of wasted money at the Census Bureau
is seen in the recent cost overrun for a technology help-desk planned
for census takers going door-to-door in 2010. The original for the help
desk--before the decision was made to abandon technology for a paper
census--was $36 million. After the decision to use paper only, the
estimated cost of the technology help desk increased to $217 million.
Some will argue that without immediate emergency funding, the Census
Bureau will not be able to pull off the 2010 Census, putting
apportionment and important programs in jeopardy.
This is not true. The next fiscal year is only 3 months away and any
funding that the Census Bureau needs can be provided then. There is no
compelling argument that emergency deficit spending on the 2010 Census
is needed immediately. Perhaps the reason why $210 million is being
included is because the Congress--like the Census Bureau--is once again
mismanaging its constitutional duties to pass appropriations bills on
time.
Also, as I already stated earlier, it is not clear what this money
would actually be used for and so it is impossible to say it is
essential. It is incomprehensible why the Census Bureau needs an extra
$210 million at this point when it is planning to spend an overall
amount of $14.5 billion on the 2010 Census. That is more than twice as
much as the cost of the 2000 Census that was done the exact same way--
by pencil and paper.
There are plenty of deficit-neutral options available to provide
funding for the 2010 Census, including transferring money already
available within the Department of Commerce. Or, Congress could cut or
eliminate less important programs to free up money for the 2010 Census.
Furthermore, some may argue that the concerns about poor management
at the Census Bureau can be dealt with another time--the most important
thing is getting the 2010 Census done right and without delay.
I would respond by noting that this country is always in the middle
of preparations for the next decennial census--if management concerns
are always pushed back then they will never be addressed. Providing a
bailout for the Census Bureau now is tantamount to excusing the poor
management that has prevailed at the agency for the better part of a
decade.
Report after report by the GAO and the Inspector General have called
upon the Census Bureau to improve its poor management of the 2010
Census. Each of those reports and warnings were ignored because,
ultimately, the agency knew that Congress didn't care about
accountability. Congress should deal with the management concerns
immediately and start by withholding the bailout money in this bill.
Mr. President, this is a simple point of order, but it has tremendous
ramifications on whether we are going to effectively oversight the rest
of the executive agencies.
Three and a half years ago, Tom Carper and I started oversight
hearings on the census. At that time, GAO said: They are not going to
make it. They are not doing what they need to do. It was totally
ignored, both by the Census Bureau as well as the Department of
Commerce. Now we find that even though they have had two contracts--one
with Lockheed and one with another company--to put the census online--
we are going to be the only modern country that doesn't have the census
online--they have totally withheld, totally canceled that contract, and
totally didn't perform. The other, to do with electronic data
collection, is now a flop, and they admit the reason it is a flop is
because the Census Bureau did not communicate with the contractor.
In this bill is $210 million to say: Oh, we are sorry. We are going
to give you more money because you didn't do it well.
Secretary Gutierrez says there is plenty of money in the Commerce
Department to cover this cost, and I am going to raise a point of order
that it is not an emergency. There is plenty of money there, and we are
sending exactly the wrong message to every other agency in this
Government by allowing an agency that is going to do the census the
same way it did 200 years ago because of incompetency. We are going to
give them $200 million on an emergency basis, and we are going to
charge the next generation because we are not going to pay for it. We
are going to borrow the money, and we are going to embrace and endorse
incompetence.
So, Mr. President, I raise a point of order, pursuant to section
204(a)(5) of the fiscal year 2008 budget resolution, S. Con. Res. 21,
against the emergency designation of $200 million for the Census Bureau
in the message in the pending amendment, and I ask for the yeas and
nays.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Mr. President, the Senator from Oklahoma has raised a
point of order, and I want all our colleagues to know that his point of
order lies against the emergency designations for the census funding,
as he has just talked about, but in reality his point of order lies
against all the emergency spending in this amendment, including the
veterans education funding and the extension of unemployment benefits,
and against the disaster relief.
So I urge our colleagues to vote with us on the point of order. It
has already been part of the agreement. I ask for the yeas and nays on
the motion.
The PRESIDING OFFICER. Under the previous order, the motion to waive
the Budget Act is considered made.
Is there a sufficient second? There is a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Kennedy) is necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The result was announced--yeas 77, nays 21, as follows:

[Rollcall Vote No. 161 Leg.]

YEAS--77

Akaka
Alexander
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Cochran
Coleman
Collins
Cornyn
Dodd
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Hagel
Harkin
Hutchison
Inouye
Johnson
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed (RI)
Reid (NV)

[[Page S6239]]

Roberts
Rockefeller
Salazar
Sanders
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden

NAYS--21

Allard
Barrasso
Burr
Chambliss
Coburn
Conrad
Corker
Craig
Crapo
DeMint
Ensign
Enzi
Graham
Grassley
Gregg
Hatch
Inhofe
Isakson
Kyl
Sessions
Voinovich

NOT VOTING--2

Kennedy
McCain
The PRESIDING OFFICER. On this vote, the yeas are 77, the nays are
21. Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion is agreed to.
Mrs. MURRAY. Mr. President, I move to reconsider the vote.
Mr. LAUTENBERG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BYRD. Mr. President, 1 year ago, Congress sent the President a
war funding supplemental that included clear direction to bring our
troops home by December of 2007. The President chose to veto that bill.
If he had signed that bill, most of our troops would be home today.
Instead of bringing our troops home, the President decided to
increase our commitment of U.S. troops and treasure to a war that has
now entered its sixth year. Over 4,100 U.S. servicemembers have died.
Over 30,000 U.S. servicemembers have been wounded. This year, the
President asked Congress to approve another $178 billion for this
endless war. With enactment of this supplemental, Congress will have
approved over $656 billion for the war in Iraq.
Once again, the President threw down the gauntlet and said he would
veto the supplemental bill if Congress added funding for anything other
than the war. He made this demand at a time when the U.S. economy is in
trouble.
Under the President's failed fiscal leadership, deficits and debt are
on the rise. Unemployment is on the rise, with the largest 1 month
increase in 20 years. Economic growth came to a virtual halt at the end
of last year. Food and fuel costs are dramatically climbing. Mr.
President, 8.8 million home owners have mortgages that exceed the value
of their homes, and foreclosures have increased 57 percent.
While saying no to funds for America, the President wanted this
Congress to approve more funding to reconstruct Iraq. We have already
approved $45 billion for reconstruction projects in Iraq. Despite the
fact that the Iraqi government is running a huge surplus due to excess
oil revenues, the President asked this Congress to spend another $3
billion of American taxpayer dollars on reconstructing Iraq.
The President wants money to build schools in Sadr City but not in
Seattle. He wants money for roads in Ramadi but not Richmond. The
President wants money for Mosul but not Minneapolis. He wants to
reconstruct Baghdad but not Baltimore or Birmingham.
Congress listened to the President. We had hearings on his request,
and we concluded that, notwithstanding his ill-considered veto threat,
we would include funding to help our citizens here at home.
The amendment that is before the Senate extends unemployment benefits
for 13 weeks. Over the past year, the number of unemployed workers in
this country has grown by 1.6 million to a level of 8.5 million people.
I am pleased that the amendment includes critical funding for our
veterans. I commend Senator Webb and Senator Warner for their
leadership in drafting legislation that provides our veterans with an
education benefit that they have earned.
We also have a moratorium on six burdensome Medicaid regulations. The
President wanted to pass billions of dollars of expenses on to the
States for rehabilitation services and school-based services for
children with special needs. Congress said no.
We have included $2.65 billion for disaster assistance to help the
victims of the Midwest floods, as well as other disasters that have
happened over the last year for which the President sought no
additional funding. We have added funding for the Food and Drug
Administration to help protect our food and drug supplies. We also
modified the President's request for the war by adding $160 million to
his request for funding DOD efforts in Afghanistan. We must never
forget that those who attacked us on 9/11 trained in Afghanistan, not
Iraq. We also include language mandating that Iraq match, dollar for
dollar, further U.S. contributions to reconstructing Iraq.
This year, the Appropriations Committee has held, and will continue
to hold, oversight hearings looking at waste, fraud and corruption in
Iraq. Unchecked corruption in Iraq is providing much of the funding for
the very enemy our servicemen and women are fighting--and President
Bush has demonstrated either unwillingness or an inability to check the
flow of funds and weapons from these sources to the enemy. This
amendment requires the Secretary of State to develop a comprehensive
anticorruption strategy and submit to Congress the identities of Iraqi
officials believed to have committed corrupt acts. I am also pleased
that this legislation continues to provide funding, funding not
requested by President Bush, for the Special Inspector General for
Iraqi Reconstruction. As a result of our recent hearings on fraud and
corruption in Iraq, we learned that there are only five FBI agents
assigned to investigate fraud in Iraq and Afghanistan. For this
administration, look no evil, see no evil. Well, it is time to take our
blinders off. This amendment includes $5 million to increase FBI
investigations, and the committee will continue to hold hearings on
fraud and waste in Iraq.
Despite the positive measures for struggling Americans, our veterans,
and their families included in this amendment, I deeply regret that
this legislation will go to President Bush without the necessary checks
to ensure that the war in Iraq is not open-ended. The majority of the
American people have come to see this war as a costly mistake that
needs to be brought to a close. This legislation brings us no closer to
that goal.
However, with this legislation, we will once again take care of our
troops. We also invest in America here at home.
There is more to do. I am disappointed that the White House blocked
our efforts to add funding to help the Gulf States recover from
Hurricane Katrina, to provide additional low-income home energy
assistance, and to invest in our infrastructure. I have consulted with
the leadership, and next month, the committee will consider a second
supplemental to deal with the Midwest floods, Hurricane Katrina, and to
make critical investments in America.
I urge adoption of the amendment.
I ask unanimous consent that an explanatory statement be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Explanatory Statement Submitted by Senator Robert C. Byrd, Chairman of
the Senate Committee on Appropriations, Regarding the House Amendment
to the Senate Amendment to House Amendment Number 2 to the Senate
Amendment to H.R. 2642

Following is an explanation of the fiscal year 2008
supplemental appropriations and fiscal year 2009
appropriations in the further amendment of the House to
Senate amendment numbered 2 to House amendment numbered 2 to
the amendment of the Senate to H.R. 2642, the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2008, including disclosure of
congressionally directed spending items as defined in rule
XLIV of the Standing Rules of the Senate.
The further House amendment provides that, in lieu of the
matter proposed to be inserted by the Senate, language be
inserted providing supplemental appropriations for military
construction, international affairs, disaster assistance, and
other security-related and domestic needs, as well as
language providing for accountability in contracting,
improved veterans education benefits, temporary extended
unemployment compensation, and a moratorium on certain
Medicaid regulations. The amendment also strikes lines 1
through 3 on page 60 of the Senate engrossed amendment of
September 6, 2007.
Unless otherwise noted, all appropriations in the amendment
are designated as emergency requirements and necessary to
meet emergency needs pursuant to section 204(a) of S. Con.
Res. 21 and section 301(b)(2) of S. Con. Res. 70, the
congressional budget resolutions for fiscal years 2008 and
2009.

NOTIFICATION OF EMERGENCY LEGISLATION

The congressional budget resolution (S. Con. Res. 21)
agreed to by Congress for fiscal

[[Page S6240]]

year 2008 includes a provision relating to the notification
of emergency spending. This provision requires a statement of
how the emergency provisions contained in the bill meet the
criteria for emergency spending as identified in the budget
resolution. The amendment contains emergency funding for
fiscal year 2008 for overseas deployments and other
activities, for hurricane recovery in the gulf coast region,
for the 2008 Midwest floods, and other natural disasters, and
for other needs. The funding is related to unanticipated
needs and is for situations that are sudden, urgent, and
unforeseen, specifically the global war on terror, the
hurricanes of 2005, the ongoing floods in the Midwest and
other natural disasters, and rising unemployment. The
amendment also funds the costs of ongoing military
deployments and other requirements through the beginning
months of the next fiscal year. These needs meet the criteria
for emergency funding.

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

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--JUSTICE

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.

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 $28,621,000 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 $106,122,000 for the Federal
Bureau of Investigation (FBI). This funding level includes
$101,122,000 for operations in Iraq and Afghanistan and for
enhanced counterterrorism activities and $5,000,000 to
increase the FBI's capacity to investigate fraudulent
contracts in Iraq and Afghanistan. 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 $29,861,000 for the Drug
Enforcement Administration to further its narco-terrorism
initiative and Operation Breakthrough; to conduct financial
investigations and to support intelligence activities, such
as signals intelligence, to assist the Government of
Afghanistan's counter-narcotics and narco-terrorism programs;
and to purchase a helicopter for Foreign-deployed Advisory
Support Team transportation.

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.

GENERAL PROVISION, THIS CHAPTER

The amended bill includes a provision authorizing the use
of funds appropriated in this chapter, or available by the
transfer of funds in this chapter, for activities pursuant to
section 504 of the National Security Act of 1947.

CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

DEPARTMENT OF DEFENSE

Iraq.--The Administration's request has been reviewed for
military construction in Iraq to ensure that the recommended
projects are consistent with contingency construction
standards. 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 funds for Iraq construction projects provided under
Military Construction, Army, and 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. The Secretary of Defense is further directed to provide
to the Committees on Appropriations of both Houses of
Congress, no later than 30 days after enactment of this act,
an updated Master Plan for U.S. basing in Iraq, including an
inventory of installations that have been closed; those that
are scheduled to close, and the timeline for their closure;
and a finite list of potential enduring locations describing
the mission, military construction requirements, and
projected population of these locations.
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. The Department should be commended for following the
lead of Congress by requesting funds for additional child
development centers.
Army Barracks Improvements.--The deplorable conditions that
have recently been uncovered in some permanent party Army
barracks, including those which house soldiers returning from
the wars in Iraq and Afghanistan, have raised numerous
concerns about the adequacy of living conditions for military
personnel. The Army created a permanent party barracks
modernization program in 1994 to eliminate inadequate
barracks. However, this program is not projected to be
completely funded until 2013. Given this timeline, it is
unacceptable that the Army has allowed some of its existing
permanent party barracks to fall into disrepair. While many
of the repairs and upgrades to existing barracks can be
accomplished with Sustainment, Restoration, and Modernization
(SRM) funds, there is a need for additional military
construction funds to expedite barracks replacements. The
amended bill includes a total of $200,000,000 for the Army to
accelerate the construction of new barracks, or to provide
major renovations to existing barracks. The funding is
provided subject to the development of an expenditure plan to
be submitted to the Committees on Appropriations of both
Houses of Congress.

MILITARY CONSTRUCTION, ARMY

The amended bill recommends $1,108,200,000 for Military
Construction, Army. The funds are provided as follows:

[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Location Protect description Request Recommendation
----------------------------------------------------------------------------------------------------------------
AK: Fort Wainwright........................ Child Development Center \1\. 17,000 17,000
CA: Fort Irwin............................. Child Development Center \1\. 11,800 11,800
CO: Fort Carson............................ Child Development Center \1\. 8,400 8,400
CO: Fort Carson............................ Soldier Family Assistance 8,100 8,100
Center.
GA: Fort Gordon............................ Child Development Center \1\. 7,800 7,800
GA: Fort Stewart........................... Soldier Family Assistance 6,000 6,000
Center.
HI: Schofield Barracks..................... Child Development Center..... 12,500 12,500
KS: Fort Riley............................. Transitioning Warrior Support 50,000 50,000
Complex.
KY: Fort Campbell.......................... Child Development Center \1\. 9,900 9,900
KY: Fort Campbell.......................... Soldier Family Assistance 7,400 7,400
Center.
KY: Fort................................... Knox Child Development Center 7,400 7,400

[[Page S6241]]

LA: Fort Polk.............................. Soldier Family Assistance 4,900 4,900
Center.
MO: Fort Leonard Wood...................... Starbase Complex 6, Phase 1.. ................. 50,000
NC: Fort Bragg............................. Child Development Center \1\. 8,500 8,500
NY: Fort Drum.............................. Warrior in Transition 38,000 38,000
Facilities.
OK: Fort Sill.............................. Child Development Center \1\. 9,000 9,000
TX: Fort Bliss............................. Child Development Center \1\. 5,700 5,700
TX: Fort Bliss............................. Child Development Center \1\. 5,900 5,900
TX: Fort Bliss............................. Child Development Center \1\. 5,700 5,700
TX: Fort Hood.............................. Child Development Center \1\. 7,200 7,200
TX: Fort Hood.............................. Warrior In Transition Unit 9,100 9,100
Ops Facilities.
TX: Fort Sam Houston....................... Child Development Center \1\. 7,000 7,000
VA: Fort Lee............................... Child Development Center \1\. 7,400 7,400
Afghanistan: Bagram AB..................... Administrative Building \1\.. 13,800 13,800
Afghanistan: Bagram AB..................... Aircraft Maintenance Hangar.. 5,100 5,100
Afghanistan: Bagram AB..................... Ammunition Supply Point...... 62,000 62,000
Afghanistan: Bagram AB..................... Bulk Fuel Storage and Supply, 23,000 23,000
Phase 3.
Afghanistan: Bagram AB..................... Bulk Fuel Storage and Supply, 21,000 21,000
Phase 4.
Afghanistan: Bagram AB..................... New Roads.................... 27,000 27,000
Afghanistan: Bagram AB..................... Power Plant.................. 41,000 41,000
Afghanistan: Ghazni........................ Rotary Wing Parking.......... 5,000 5,000
Afghanistan: Kabul......................... Consolidated Compound........ 36,000 36,000
Afghanistan: Various Locations............. Counter IED Road--Route 16,500 16,500
Alaska.
Afghanistan: Various Locations............. Counter IED Road--Route 54,000 54,000
Connecticut.
Iraq: AI Asad AB........................... Hot Cargo Ramp............... 18,500 18,500
Iraq: AI Asad AB........................... Landfill..................... 3,100 3,100
Iraq: AI Asad AB........................... Power Plant.................. 40,000 .................
Iraq: AI Asad AB........................... South Airfield Apron (India 28,000 28,000
Ramp).
Iraq: AI Asad AB........................... Urban Bypass Road............ 43,000 .................
Iraq: Baghdad IAP.......................... Water Supply, Treatment & 13,000 13,000
Storage Ph III.
Iraq: Camp Adder........................... Convoy Support Center 39,000 39,000
Relocation, Phase II.
Iraq: Camp Adder........................... Multi-Class Storage Warehouse 17,000 .................
Iraq: Camp Adder........................... POL Storage Area............. 10,000 10,000
Iraq: Camp Adder........................... Power Plant.................. 39,000 .................
Iraq: Camp Adder........................... Wastewater Treatment & 9,800 9,800
Collection System.
Iraq: Camp Anaconda........................ Hazardous Waste Incinerator.. 4,300 4,300
Iraq: Camp Anaconda........................ Landfill..................... 6,200 6,200
Iraq: Camp Anaconda........................ Power Plant.................. 39,000 .................
Iraq: Camp Constitution.................... Juenile TIFRIC............... 11,700 11,700
Iraq: Camp Cropper......................... Brick Factory................ 9,500 .................
Iraq: Camp Marez........................... Landfill..................... 880 880
Iraq: Camp Ramadi.......................... Landfill..................... 880 880
Iraq: Camp Speicher........................ Aviation Navigation 13,400 13,400
Facilities.
Iraq: Camp Speicher........................ Landfill..................... 5,900 5,900
Iraq: Camp Speicher........................ Military Control Point....... 5,800 5,800
Iraq: Camp Speicher........................ Power Plant.................. 39,000 .................
Iraq: Camp Speicher........................ Rotary Wing Parking Apron.... 49,000 .................
Iraq: Camp Taqqadum........................ Landfill..................... 880 880
Iraq: Camp Warrior......................... Landfill..................... 880 880
Iraq: Fallujah............................. Landfill..................... 880 880
Iraq: Mosul................................ Urban Bypass Road............ 43,000 .................
Iraq: Qayyarah West........................ North Entry Control Point.... 11,400 11,400
Iraq: Qayyarah West........................ Perimeter Security Upgrade... 14,600 14,600
Iraq: Qayyarah West........................ Power Plant.................. 26,000 .................
Iraq: Scania............................... Entry Control Point.......... 5,000 5,000
Iraq: Scania............................... Water Storage Tanks.......... 9,200 9,200
Iraq: Victory Base......................... Landfill..................... 6,200 6,000
Iraq: Victory Base......................... Level 3 Hospital............. 13,400 13,400
Iraq: Victory Base......................... Wastewater Treatment & 9,800 9,800
Collection System.
Iraq: Victory Base......................... Water Treatment &. Storage 18,000 18,000
Phase II.
Iraq: Various Locations.................... Facilities Replacement....... 72,000 .................
Iraq: Various Locations.................... Overhead Cover--eGlass....... 135,000 135,000
Kuwait: Camp Arifjan....................... Communication Center......... 30,000 30,000
Worldwide: Unspecified..................... Planning and Design (GWOT)... 64,200 52,800
Worldwide: Unspecified..................... Planning and Design (WIT).... 14,600 14,600
Worldwide: Unspecified..................... Planning and Design (COG) \1\ 6,000 6,000
-------------------------------------
Total................................ ............................. 1,486,100 1,108,200
----------------------------------------------------------------------------------------------------------------
\1\ Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The amended bill recommends $355,907,000 for Military
Construction, Navy and Marine Corps. The funds are provided
as follows:

[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Location Project description Request Recommendation
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton......................... 11th Marine Regiment HQ, 34,970 34,970
Armory, BEQ.
CA: Camp Pendleton......................... 5th Marine Regiment Addition, 10,890 10,890
San Mateo.
CA: Camp Pendleton......................... Armory Intelligence 4,180 4,180
Battalion, 16 Area.
CA: Camp Pendleton......................... Armory, Regiment & Battalion 5,160 5,160
HQ, 53 Area.
CA: Camp Pendleton......................... BEQ & Mess Hall HQ (13) Area. 24,390 24,390
CA: Camp Pendleton......................... EOD Operations Facility...... 13,090 13,090
CA: Camp Pendleton......................... ISR Camp--Intelligence 1,114 1,114
Battalion.
CA: Camp Pendleton......................... JIEDDO Battle Courses \1\.... 9,270 9,270
CA: Camp Pendleton......................... Military Police Company 8,240 8,240
Facilities.
CA: Twentynine Palms....................... Regimental Combat Team HQ 4,440 4,440
Facility.
CA: China Lake NAWS........................ JIEDDO Battle Courses \1\.... 7,210 7,210
CA: Point Mugu............................. JIEDDO Battle Courses \1\.... 7,250 7,250
CA: San Diego.............................. Child Development Center \1\. 17,930 17,930
CA: Twentynine Palms....................... JIEDDO Battle Courses \1\.... 11,250 11,250
FL: Whiting Field NAS...................... JIEDDO Battle Courses \1\.... 780 780
MS: Gulfport NCBC.......................... JIEDDO Battle Courses \1\.... 6,570 6,570
NC: Camp Lejeune........................... Child Development Center \1\. 16,000 16,000
NC: Camp Lejeune........................... JIEDDO Battle Courses \1\.... 11,980 11,980
NC: Camp Lejeune........................... Maintenance/Operations 43,340 43,340
Complex 2/9..
SC: Parris Island MCRD..................... Recruit Barracks............. ................. 25,360
VA: Yorktown NWS........................... JIEDDO Battle Courses \1\.... 8,070 8,070
Djibouti: Camp Lemonier.................... CJTF-HOA HQ Facility......... 29,710 .................
Djibouti: Camp Lemonier.................... Dining Facility.............. 20,780 20,780
Djibouti: Camp Lemonier.................... Fuel Farm \1\................ 4,000 4,000
Djibouti: Camp Lemonier.................... Full Length Taxiway \1\...... 15,490 15,490
Djibouti: Camp Lemonier.................... Network Infrastructure 6,270 6,270
Expansion.
Djibouti: Camp Lemonier.................... Water Production............. 19,140 19,140
Djibouti: Camp Lemonier.................... Western Taxiway \1\.......... 2,900 2,900
Worldwide: Unspecified..................... Planning and Design (GTF).... 7,491 7,491
Worldwide: Unspecified..................... Planning and Design (GWOT)... 4,300 4,300
Worldwide: Unspecified..................... Planning and Design (CDC) \1\ 1,101 1,101
Worldwide: Unspecified..................... Planning and Design (JIEDDO) 2,951 2,951
\1\.
-------------------------------------
Total................................ ............................. 360,257 355,907
----------------------------------------------------------------------------------------------------------------
\1\ Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.

[[Page S6242]]

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 $399,627,000 for Military
Construction, Air Force. The funds are provided as follows:

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 $890,921,000 for Military
Construction, Defense-Wide. The funds are provided as
follows:

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
$863,321,000 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 for the Marine
Corps.
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 of both Houses
of Congress 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:

Department of Defense Base Closure Account 2005

The amended bill recommends $1,278,886,000 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 provides an additional $862,976,000 for BRAC 2005
implementation.

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 V of
this Act.

information technology systems

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

construction, major projects

The amended bill recommends $396,377,000 for Construction,
Major Projects to accelerate and complete planned major
construction of Level I polytrauma rehabilitation centers as
identified in the Department of Veterans Affairs' Five Year
Capital Plan.
Polytrauma Center Initiative.--The nature of combat in Iraq
and Afghanistan has resulted in new patterns of polytraumatic
injuries and disabilities requiring specialized intensive
rehabilitation and high coordination of care. Operating under
a national Memorandum of Agreement with the Department of
Defense (DOD), the Department of Veterans Affairs (VA)
polytrauma rehabilitation

[[Page S6243]]

centers continue to provide treatment and care to severely
injured combat personnel requiring polytrauma inpatient
rehabilitation. The medical care the VA is providing to
military personnel is exceptional. However, space in the
existing polytrauma facilities is dated, with cramped
quarters and treatment facilities scattered throughout
hospital campuses. These inefficiencies prove to be difficult
for patients with mobility issues, compromised immune
systems, and those suffering from psychological wounds. In an
effort to accelerate the VA's planned expansion and
consolidation of polytrauma rehabilitation centers on
existing hospital campuses as outlined in the Department's
February 2008 Five Year Capital Plan, the amended bill
recommends providing $396,377,000 to fully fund the design
and construction of these crucial projects.

GENERAL PROVISIONS, THIS CHAPTER

The amended bill includes the following general provisions
for this chapter:
Section 1301 provides an additional appropriation for
Military Construction, Army for the acceleration of barracks
improvements at Army installations.
Section 1302 relates to the Armed Forces Institute of
Pathology.
Section 1303 relates to the collection of certain debts
owed to the Department of Veterans Affairs by service members
killed in a combat zone.

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 Department
of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) provided
$1,473,800,000 for immediate requirements. The amended bill
provides for Department of State, Foreign Operations and
Related Programs a total of $5,164,108,000, which is
$90,500,000 above 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 Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) for
operations and security at the United States Embassy in Iraq.
The amended bill includes an additional $1,465,700,000 for
Diplomatic and Consular Programs, which is $242,308,000 below
the pending request. Within the amount provided, $210,400,000
is for worldwide security protection. Funds for diplomatic
and consular programs are to be allocated as follows:

DIPLOMATIC AND CONSULAR PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Iraq Diplomatic Operations............................. 1,545,608 1,150,000 -395,608
Afghanistan--Operations and Worldwide Security 162,400 200,200 +37,800
Protection............................................
Pakistan--Operations................................... ................. 7,500 +7,500
Western Hemisphere Travel Initiative................... ................. 1,000 +1,000
Worldwide Security Protection.......................... ................. 48,000 +48,000
Civilian Workforce Initiative.......................... ................. 55,000 +55,000
Public Diplomacy....................................... ................. 4,000 +4,000
--------------------------------------------------------
Total, Diplomatic and Consular Programs.......... 1,708,008 1,465,700 -242,308
----------------------------------------------------------------------------------------------------------------

Afghanistan.--Within the total, the amended bill includes
$200,200,000, which is $37,800,000 above the request, 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, $19,000,000 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.
Iraq.--Within the total, $1,150,000,000 is for the
diplomatic and security operations of the United States
Mission in Iraq, which is $395,608,000 below the pending
request. The cost of operations of the United States Mission
in Iraq totals $2,141,000,000 for fiscal year 2008, including
$1,150,000,000 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. Nearly
$900,000,000 is requested 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 follow-on 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 additional 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 of
State 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, occupancy of the offices and housing
should proceed without delay in order to provide the maximum
protection to United States personnel.
The rationale for co-location of the Departments of State
and Defense in the NEC is recognized. However, the proposed
New Office Building and the Interim Office Building
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 utilized 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 with effective oversight and
accountability.
The Secretary of State should take appropriate steps to
ensure that assistance for Iraq is not provided to or through
any individual, private entity or educational institution
that the Secretary knows or has reason to believe advocates,
plans, sponsors, or engages in, terrorist activities.
Pakistan.--The amended bill includes $7,500,000 for
operations, security, and personnel engaged in diplomatic
activities to promote economic and political development in
the Federally Administered Tribal Areas along the Pakistan
and Afghanistan border.
Sudan.--The amended bill includes resources to support the
diplomatic mission in Sudan including the United States
Special Envoy for Sudan.
Buying Power Maintenance Account.--The amended bill
provides 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.
Civilian Workforce Initiative.--The amended bill provides
$55,000,000 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

[[Page S6244]]

capacity to respond to post-conflict stabilization and
reconstruction challenges and $25,000,000 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, $25,000,000 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.
Diplomatic Security-Worldwide Security Protection.--The
amended bill also includes $48,000,000 above the request for
worldwide security protection. The amount provided is
available to restore 100 positions in the diplomatic security
personnel that were redirected to Iraq to address urgent
security requirements for United States personnel elsewhere
in the world.
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.
Middle East Peace Process.--The security and support
requirements for the personnel and operations that accompany
the Middle East peace process have been, and should continue
to be, supported through the operations funds available in
fiscal year 2008. Any additional requirements associated with
these activities will be considered during the fiscal year
2009 appropriations process.
Public Diplomacy.--The amended bill includes $4,000,000 for
the Office of Public Diplomacy and Public Affairs to expand
new media for targeted Arabic language television programs
for the purpose of fostering cultural, educational, and
professional dialogues through indigenous Arabic language
satellite media.
Western Hemisphere Travel Initiative.--The amended bill
recommends 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 sea ports. The
Department of State is encouraged to provide significantly
increased outreach to border communities, including through
radio, print media, and additional passport fairs.

office of inspector general

(including transfer of funds)

The amended bill includes an additional $9,500,000 for
Office of Inspector General (OIG) at the Department of State,
which is $9,500,000 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,
$2,500,000 is for operations of the Special Inspector General
for Iraq Reconstruction (SIGIR), and $2,000,000 is for
operations of the Special Inspector General for Afghanistan
Reconstruction (SIGAR).
The Department of State OIG, USAID OIG, SIGIR, and SIGAR
each have independent oversight responsibilities in Iraq and
Afghanistan. The inspectors general should, to the maximum
extent practicable, coordinate, and de-conflict all
activities related to oversight of assistance programs for
the reconstruction of Iraq and Afghanistan to ensure that
oversight resources are used effectively and are not
unnecessarily duplicative.
To ensure continuity of oversight of permanent United
States Missions, the USAID OIG and the Department of State
OIG are expected to actively participate in oversight of all
programs funded by this Act and prior Acts making
appropriations for the Department of State and foreign
operations, in particular oversight of diplomatic and
development operations and facilities. Joint oversight with
SIGIR or SIGAR is strongly encouraged; however once fully
staffed, the Department of State OIG or the USAID OIG should,
to the maximum extent practicable, be designated as the lead
for any joint oversight conducted with SIGIR or SIGAR of
funds involving diplomatic operations and facilities in Iraq
and Afghanistan.

embassy security, construction, and maintenance

The amended bill includes an additional $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 $66,000,000 for Contributions to
International Organizations, which is for United States
contributions to the U.N. Assistance Mission in Afghanistan
and the U.N. Assistance Mission in Iraq. Funding is also
provided to meet fiscal year 2008 assessed dues to
organizations whose missions are critical to protecting
United States national security interests, including the
North Atlantic Treaty Organization, the International Atomic
Energy Agency, and the Organization for the Prohibition of
Chemical Weapons.
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 Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) for
the United States contribution to the United Nations/African
Union (UN/AU) hybrid peacekeeping mission to Darfur (UNAMID).
The amended bill includes an additional $373,708,000 for
assessed costs to U.N. peacekeeping operations. Within the
total under this heading, not less than $333,600,000 is
provided for UNAMID, which is the same as the request.
Additionally, the amended bill includes $40,108,000 to meet
unmet fiscal year 2008 assessed dues for the international
peacekeeping missions to countries such as the Democratic
Republic of the Congo, Cote d'Ivoire, Haiti, Liberia, and
Sudan.

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

The amended bill includes an additional $2,000,000 for
International Broadcasting Operations to continue increased
broadcasting to Tibet.

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

international disaster assistance

The budget request included $80,000,000 for International
Disaster Assistance. The Department of State, Foreign
Operations and Related Programs Appropriations Act, 2008
(Public Law 110-161) provided $110,000,000 for emergency
humanitarian requirements.
The amended bill includes $220,000,000 for International
Disaster Assistance, which is $220,000,000 above the pending
request. These funds should be used to respond to urgent
humanitarian requirements worldwide, including in Burma,
Bangladesh, the People's Republic of China, and countries
severely affected by the international food crisis.
USAID is directed to substantially increase food assistance
for Haiti to address critical food shortages and
malnutrition. Preventing hunger and combating poverty in
Haiti should be a USAID priority.
As the State Peace and Development Council (SPDC) has
compounded the humanitarian crisis in Burma by failing to
respond to the needs of the Burmese people in the wake of
Cyclone Nargis and by refusing offers of assistance from the
international community, the Department of State and USAID
should seek to avoid providing assistance to or through the
SPDC.
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.

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
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for operations
in Iraq.
The amended bill includes $150,500,000 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, $30,000,000 is included to increase support for
staffing, security, and

[[Page S6245]]

operating needs in Afghanistan and Sudan, and $19,500,000 in
Pakistan.
The amended bill also includes $25,000,000 to support the
development and deployment of a civilian capacity to respond
to post-conflict stabilization and reconstruction needs.
Funds made available for the civilian stabilization
initiative are for the Active and Standby Response Corps
portion of the 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 $35,000,000 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 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,
including establishment of a transition program.

operating expenses of the united states agency for international
development office of 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
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for emergency
requirements in the West Bank and in North Korea, as
requested.
The amended bill includes $1,882,500,000 for ESF, which is
$126,500,000 below the request. An additional $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--Continued
[In thousands of dollars]
------------------------------------------------------------------------
Amended
Country and region bill
------------------------------------------------------------------------
Chad....................................................... 2,000
Democratic Republic of the Congo........................... 12,500
Iraq....................................................... 424,000
Jordan..................................................... 175,000
Kenya...................................................... 12,000
Mexico..................................................... 20,000
Nepal...................................................... 7,000
North Korea................................................ 53,000
Philippines................................................ 15,000
Sri Lanka.................................................. 6,000
Sudan...................................................... 45,000
Thailand................................................... 2,500
Uganda..................................................... 17,500
West Bank and Gaza......................................... 171,000
Zimbabwe................................................... 5,000
Exchanges Africa........................................... 5,000
------------
Total................................................ 1,882,500
------------------------------------------------------------------------

Iraq.--The amended bill includes $424,000,000 for Iraq,
which is $373,000,000 below the request. The sums provided
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 reduce bilateral assistance levels and reduce the
number of Department of State personnel involved in the
reconstruction effort who are located in Iraq. Funds provided
for Iraq are to be allocated as follows:

IRAQ PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Provincial Reconstruction Teams (PRTs)................. 165,000 139,000 -26,000
Provincial Reconstruction Development Councils..... 100,000 85,000 -15,000
Local Governance Program........................... 65,000 54,000 -11,000
Community Stabilization Program (CSP).................. 155,000 100,000 -55,000
Community Action Program (CAP)......................... ................. 75,000 +75,000
Infrastructure Security Protection for Oil, Water and 70,000 ................. -70,000
Electricity...........................................
Operations and Maintenance of Key USG-Funded 134,000 10,000 -124,000
Infrastructure........................................
Iraqi-American Enterprise Fund......................... 25,000 ................. -25,000
Provincial Economic Growth (including Agriculture and ................. 25,000 +25,000
Microfinance).........................................
National Capacity Development.......................... 248,000 70,000 -178,000
Marla Fund............................................. ................. 5,000 +5,000
--------------------------------------------------------
Total............................................ 797,000 424,000 -373,000
----------------------------------------------------------------------------------------------------------------

Community Action Program (CAP).--The amended bill includes
$75,000,000 for continued support for the Community Action
Program.
Community Stabilization Program (CSP).--The amended bill
includes $100,000,000 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 CSP funds 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 does not include any
funding for the creation, capitalization, operation, or
support of any enterprise fund in Iraq. The Department of
State is directed not to reprogram any funds made available
by this or prior Acts for an enterprise or enterprise-related
fund in Iraq.
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.
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.
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. The Government of
Iraq should assume increasing responsibility for the cost of
these activities.
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.
Provincial Economic Growth.--The amended bill includes
$25,000,000 for provincial economic growth activities.
Vulnerable Groups.--Up to $10,000,000 of funds made
available for Iraq in this chapter, including from the
Migration and Refugee Assistance and International Disaster
Assistance accounts, should be made available for programs to
assist vulnerable Iraqi religious and ethnic minority groups,
including Christians. The Secretary of State should designate
staff at United States Embassy Baghdad to oversee and
coordinate such assistance.
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:

[[Page S6246]]

AFGHANISTAN PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Civilian Assistance Program............................ ................. 10,000 +10,000
Governance and Capacity Building....................... 135,000 165,000 +30,000
2009 Elections......................................... 100,000 70,000 -30,000
National Solidarity Program............................ 40,000 65,000 +25,000
Health and Education................................... 50,000 75,000 +25,000
North Atlantic Treaty Organization POHRF............... ................. 2,000 +2,000
Power.................................................. 175,000 150,000 -25,000
Provincial Reconstruction Teams (PRTs)/Provincial ................. 50,000 +50,000
Governance............................................
Roads.................................................. 329,000 200,000 -129,000
Rural Development/Alternative Livelihoods.............. ................. 65,000 +65,000
Trade and Investment................................... 5,000 7,000 +2,000
--------------------------------------------------------
Total............................................ 834,000 859,000 +25,000
----------------------------------------------------------------------------------------------------------------

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.
Governance and Capacity Building.--The amended bill
provides $165,000,000 for governance and capacity building
programs, which is $30,000,000 above the request, to fund
rule of law, human rights, and local and national capacity
building.
National Solidarity Program.--The amended bill includes
$65,000,000 for the National Solidarity Program to support
small-scale development initiatives. The funding shall be
programmed in a manner consistent with the Afghan National
Development Strategy.
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 not less than $15,000,000 of the
funds shall be used for renewable energy projects in rural
areas.
Provincial Reconstruction Teams.--The amended bill provides
$50,000,000 for PRTs in Afghanistan.
Roads.--The amended bill includes $200,000,000 for roads,
which is $129,000,000 below the request.
Rural Development and Alternative Livelihoods.--The amended
bill includes $65,000,000 for rural development and
alternative livelihood programs and an additional $35,000,000
for counternarcotics under the ``International Narcotics
Control and Law Enforcement'' account to expand
counternarcotics programs in Afghanistan. The Secretary of
State is directed to consult with the Committees on
Appropriations on the use of these funds.
2009 Elections.--The amended bill includes $70,000,000 for
preparations for the 2009 elections.
Bangladesh.--The amended bill includes $25,000,000 for
assistance for Bangladesh for cyclone recovery and
reconstruction assistance.
Central America.--The amended bill includes $25,000,000 for
the countries of Central America in fiscal year 2008, in
addition to funds otherwise made available for assistance for
these countries, for a program to be called the ``Economic
and Social Development Fund for Central America'', of which
$20,000,000 is 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 that are particularly vulnerable to drug
trafficking and related violence and organized 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. Of the funds
available, $5,000,000 shall be administered by the Bureau of
Educational and Cultural Affairs for educational exchanges
with the countries of Central America.
Democratic Republic of the Congo.--The amended bill
includes $12,500,000 for assistance for eastern Democratic
Republic of the Congo for urgent conflict mitigation and
recovery programs and for programs relating to sexual
violence against women and girls. Of this amount, not less
than $1,000,000 is to establish and support a training center
for health workers who provide care and treatment for victims
of sexual violence, and not less than $2,000,000 is for
training military and civilian investigators, prosecutors,
and judges to bring the perpetrators of such crimes to
justice.
Exchanges with Africa.--The amended bill includes
$5,000,000 for educational exchanges with countries in
Africa, specifically to counter extremism. These funds should
be administered by the Bureau of Educational and Cultural
Affairs.
Jordan.--The amended bill includes a total of $200,000,000
for economic assistance for Jordan, of which $175,000,000 is
appropriated under this heading, and $25,000,000 is
appropriated through a general provision. 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
funds should be used to meet the needs of Iraqi refugees. The
Secretary of State, after consultation with the Government of
Jordan, the United Nations, and international organizations
and non-governmental organizations with a presence in Iraq,
is directed to submit a report to the Committees on
Appropriations not later than 45 days after enactment of this
Act detailing (1) short- and medium-term options the United
States and other countries and organizations could pursue to
assist Iraqis in Jordan to maintain their educational and
vocational skills and earn income; and (2) longer term
options that the United States and the Government of Jordan
can take to address the economic, social and health needs of
refugees from Iraq, including the feasibility of extending
temporary residence status for Iraqis registered with the
United Nations High Commissioner for Refugees.
Kenya.--The amended bill includes $12,000,000 for
assistance for Kenya for political, ethnic and tribal
reconciliation activities.
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 (OHCHR). The Department of State is directed
to work with the Mexican Government, the OHCHR, and civil
society organizations in Mexico to promote respect for human
rights by Mexican police and military forces.
Nepal.--The amended bill includes $7,000,000 for assistance
for Nepal to strengthen democracy and support the peace
process, including the demobilization and reintegration of
ex-combatants, and for economic development programs in rural
communities affected by conflict.
North Korea.--The amended bill includes up to $53,000,000
for energy-related assistance for North Korea in support of
the goals of the Six-Party Talks Agreement, in addition to
the $53,000,000 appropriated in division J of Public Law 110-
161, which is the same as the total amount requested. Prior
to the obligation of assistance for North Korea, the
Secretary of State is directed to report to the Committees on
Appropriations that North Korea is continuing to fulfill its
commitments under the Six-Party Talks Agreement.
Pakistan.--The amended bill does not include funding for
assistance for Pakistan in this subchapter. These needs are
addressed in funding appropriated in the fiscal year 2009
bridge.
Philippines.--The amended bill includes $15,000,000 for
assistance for the Philippines for programs to further peace
and reconciliation in the southern Philippines, and
recognizes the shared interest between the United States and
the Philippines in combating terrorism in this region.
Sri Lanka.--The amended bill includes $6,000,000 for
assistance for Sri Lanka to be provided through USAID to
support economic development programs in the eastern region
of Sri Lanka to solidify recent gains

[[Page S6247]]

against the Liberation Tigers of Tamil Eelam. These funds
should be used to assist Tamil and Muslim minorities in Sri
Lanka.
Sudan.--The amended bill includes $45,000,000 for
assistance for Sudan to support election-related activities.
Thailand.--The amended bill includes $2,500,000 for
assistance for Thailand to address economic and social
development needs in southern Thailand. The Department of
State is directed to consult with the Committees on
Appropriations prior to the obligation of these funds.
Uganda.--The amended bill includes $17,500,000 for
assistance for northern Uganda. These funds should be used to
support economic development, governance, assistance for war
victims, and reintegration of ex-combatants.
West Bank and Gaza.--The amended bill includes not more
than $171,000,000 for economic assistance for the West Bank
and Gaza, which is $24,000,000 below the request. 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.
Zimbabwe.--The amended bill includes $5,000,000 for
assistance for Zimbabwe to support political reconciliation
activities.

Department of State

DEMOCRACY FUND

The amended bill includes $76,000,000 for Democracy Fund
programs, requested under the heading ``Economic Support
Fund'', to be made available as follows:
Chad.--The amended bill includes $1,000,000 for democracy
activities in Chad.
Iraq.--The amended bill includes $75,000,000 for democracy
activities in Iraq. These funds are intended to be available
through nongovernmental organizations, including the National
Endowment for Democracy, and not less than $8,000,000 for the
United States Institute of Peace. These funds should be
awarded expeditiously to prevent interruption of current
operations.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The amended bill includes $390,300,000 for International
Narcotics Control and Law Enforcement (INCLE) activities in
Afghanistan, Iraq, Mexico, Central America, Haiti, the
Dominican Republic, and the West Bank, which is $343,700,000
below the request. The Secretary of State is directed to
consult with the Committees on Appropriations on the use of
these funds.
Iraq.--The amended bill includes $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 $35,000,000, which
is $35,000,000 above the request, to support 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 $24,800,000 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.
Impunity within the military and police forces of several
of these countries and corruption within their justice
systems is of concern. The Secretary of State is directed to
submit a report in writing on mechanisms in place to ensure
eligibility of recipients of United States assistance.
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, anti-
corruption, judicial reform, 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 violence and organized crime. The amended bill
includes $215,500,000 to support programs to enable the
Government of Mexico to respond to these threats in
accordance with the rule of law. 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. To the
extent possible, any equipment and technology purchases
should be interoperable based on open standards with the
equipment and technology being used by their United States
Government counterparts.
Corruption and impunity within Mexico's military and police
forces are of concern. Recommendations of the National Human
Rights Commission have been ignored and investigations of
violations of human rights by Mexican military and police
forces rarely result in convictions. The Secretary of State,
in consultation with relevant Mexican Government authorities,
is directed to report to the Committees on Appropriations
that mechanisms are in place to ensure eligibility of
recipients of United States assistance.
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 military and police
forces have been documented and require thorough, credible
and transparent investigation and prosecution by the Mexican
Attorney General.
The state and Federal investigations into the October 27,
2006, 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 Mexican Government
authorities and 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
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for emergency
refugee requirements in Iraq and the West Bank and Gaza.
The amended bill includes $315,000,000 for Migration and
Refugee Assistance, which is $285,000,000 above the pending
request. Funds should be made available to meet unmet global
refugee needs, including to assist Iraqi refugees in Jordan,
Syria, Lebanon, Turkey, 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 shall 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 Department of State is directed to urge the
Government of Thailand 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 $31,000,000 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 $13,700,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs (NADR), which
is $8,700,000 above the request.
Of these funds, $5,000,000 is for presidential protective
service support in Afghanistan, which is the same as the
request, and $2,500,000 is for a United States contribution
to the Comprehensive Test Ban Treaty International Monitoring
System.
Central America.--The amended bill also includes $6,200,000
for the Merida Initiative for

[[Page S6248]]

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 which such activities are
traditionally funded.

MILITARY ASSISTANCE

Funds Appropriated to the President

FOREIGN MILITARY FINANCING PROGRAM

The amended bill includes $137,500,000 for Foreign Military
Financing Program, which is $137,500,000 above the request.
Central America.--The amended bill includes $4,000,000 to
augment the ongoing naval cooperation program and maritime
security assistance to strengthen the ability of the
countries of Central America to improve maritime security and
interdiction capabilities, including to complement existing
regional systems and programs.
Jordan.--The amended bill includes a total of $50,000,000
for military assistance for Jordan, of which $17,000,000 is
appropriated under this heading and $33,000,000 is
appropriated through a general provision.
Mexico.--The amended bill includes $116,500,000 in support
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 $3,679,500,000 for the Department of
State, Foreign Operations and Related Programs for fiscal
year 2009 emergency supplemental requirements, which is
$74,500,000 above the request.

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

The amended bill includes $704,900,000 for Diplomatic and
Consular Programs. Within this amount, $78,400,000 is
available for worldwide security protection and not more than
$550,500,000 is available as a bridge fund for Iraq
operations.
To meet increased security and personnel requirements, the
amended bill includes $89,400,000 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 Office of
Inspector General at the Department of State, of which
$15,500,000 is to continue oversight of programs in Iraq and
Afghanistan, and the Middle East.
Special Inspector General for Iraq Reconstruction
(SIGIR).--The amended bill includes $36,500,000 for 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 SIGAR,
which is $5,000,000 above the request, 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. 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 AGENCY

Broadcasting Board of Governors

international broadcasting operations

The amended bill includes $6,000,000 for International
Broadcasting Operations.

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

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

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, such as programs to assist farmers to
increase crop yields, including in Darfur. 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, Burma, and the People's Republic of China. 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 $1,124,800,000 for Economic
Support Fund to address critical health, economic, and
security needs. These funds are to be allocated as follows:

ECONOMIC SUPPORT FUND
[In thousands of dollars]
------------------------------------------------------------------------
Amended
Country and region bill
------------------------------------------------------------------------
Afghanistan................................................ 455,000
Bangladesh................................................. 50,000
Burma...................................................... 5,300
Central African Republic................................... 2,000
Chad....................................................... 5,000
Democratic Republic of the Congo........................... 10,000
Iraq....................................................... 102,500
Jordan..................................................... 100,000
Kenya...................................................... 25,000
North Korea................................................ 15,000
Pakistan................................................... 150,000
Sudan...................................................... 25,000
Uganda..................................................... 15,000
West Bank and Gaza......................................... 150,000
Zimbabwe................................................... 15,000
------------
Total................................................ 1,124,800
------------------------------------------------------------------------

Afghanistan.--The amended bill includes $455,000,000 for
assistance for Afghanistan.
Governance and Capacity Building.--The amended bill
includes $20,000,000 for the National Solidarity Program to
support small-scale development initiatives; and not less
than $35,000,000 for preparations for the 2009 elections. The
funding shall be programmed in a manner consistent with the
Afghan National Development Strategy.
Rural Development and Alternative Livelihoods.--The amended
bill includes not less than $35,000,000 for rural development
and alternative livelihoods.
Bangladesh.--The amended bill includes $50,000,000 for
cyclone recovery and reconstruction assistance.
Burma.--The amended bill includes $5,300,000 for assistance
for Burma for humanitarian programs along the Thai-Burma
border.
Iraq.--The amended bill includes $102,500,000 for
assistance for Iraq.
Community Action Program (CAP).--The amended bill includes
$32,500,000 for continued support for the Community Action
Program.
Community Stabilization Program (CSP).--The amended bill
includes $32,500,000 for continued support for the Community
Stabilization Program.
Marla Ruzicka Iraqi War Victims Fund.--The amended bill
includes $2,500,000 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 Reconstruction Teams (PRTs).--The amended bill
includes $35,000,000 for continued support for the Provincial
Reconstruction Teams.

Department of State

international narcotics control and law enforcement

The amended bill includes $199,000,000 for International
Narcotics Control and Law Enforcement activities in Iraq,
Afghanistan, the West Bank, Mexico, and Africa. The Secretary
of State is directed to consult with the Committees on
Appropriations on the use of these funds.

migration and refugee assistance

The amended bill includes $350,000,000 for Migration and
Refugee Assistance 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

[[Page S6249]]

and Related Programs, for humanitarian demining in Iraq.

MILITARY ASSISTANCE

Funds Appropriated to the President

foreign military financing program

The amended bill includes $302,500,000 for Foreign Military
Financing Program, of which $100,000,000 is for assistance
for Jordan, $170,000,000 is for assistance for Israel, and
$32,500,000 is for assistance for Lebanon.

peacekeeping operations

The amended bill includes $95,000,000 for Peacekeeping
Operations for programs in Africa to address needs beyond
those projected in the fiscal year 2009 budget request,
including for Darfur and $10,000,000 for Peacekeeping
Operations in the Democratic Republic of the Congo (DRC).
These funds are made available to support infantry battalions
of the DRC armed forces, to protect vulnerable civilians in
the eastern region of the country, and should be made
available in accordance with thorough vetting procedures. The
Department of State should ensure that trained units are
being provided professional leadership, appropriate training
in human rights, and adequate pay.

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.

IRAQ

Section 1402 imposes certain conditions and limitations on
assistance for Iraq and requires reports.

AFGHANISTAN

Section 1403 imposes certain conditions and limitations on
assistance for Afghanistan and requires a report.

WEST BANK

Section 1404 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.

WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA

Section 1405 grants waiver authority to the President with
respect to certain assistance to North Korea and the ``Glenn
Amendment,'' which established automatic sanctions in the
Arms Export Control Act on non-nuclear weapon states that
detonate a nuclear device.

MEXICO

Section 1406 sets a ceiling on funding for Mexico at
$400,000,000. The provision also provides a restriction on
the use of funding for budget support or cash payments and
restricts obligation of 15 percent of the funding provided
under the headings ``Foreign Military Financing Program'' and
``International Narcotics Control and Law Enforcement'' until
the Secretary of State submits a report in writing.

CENTRAL AMERICA

Section 1407 states that $65,000,000 may be made available
for the countries of Central America, Haiti and the Dominican
Republic and prohibits the use of funding for budget support
or cash payments. The provision restricts obligation of 15
percent of the funding provided under the headings ``Foreign
Military Financing Program'' and ``International Narcotics
Control and Law Enforcement'' for the military and police
forces until the Secretary of State submits a report in
writing.

BUYING POWER MAINTENANCE ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Section 1408 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 includes 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.
Finally, authority is granted to the Broadcasting Board of
Governors to transfer unobligated and expired balances after
fiscal year 2008 into its Buying Power Maintenance Account.

SERBIA

Section 1409 authorizes the Secretary of State to withhold
funds related to reimbursement of costs associated with
damage to the United States Embassy in Belgrade resulting
from the February 21, 2008, attack.

RESCISSIONS

Section 1410 rescinds prior year funds and makes them
available for a contribution to the World Food Program and
for programs in the INCLE account. The provision also
rescinds prior year funds from the Iraq Relief and
Reconstruction Fund.

DARFUR PEACEKEEPING

Section 1411 authorizes the President to utilize prior year
Foreign Military Financing Program and Peacekeeping
Operations funds for transfer or lease of helicopters or
related equipment necessary for operations of the AU/UN
hybrid peacekeeping mission in Darfur.

TIBET

Section 1412 provides up to $5,000,000 for the
establishment of a United States Consulate in Lhasa, Tibet,
under the headings ``Diplomatic and Consular Programs'' and
``Embassy Security, Construction and Maintenance'' in this
and prior Acts, and recommends certain actions regarding the
opening of such a consulate.
The Secretary of State is directed to submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act detailing efforts taken by the
Department of State to establish a United States Consulate in
Lhasa, Tibet, and a description of any policies or programs
by the Government of the People's Republic of China aimed at
undermining public support for Tibet including in the media,
academia, and political arenas.

JORDAN

(INCLUDING RESCISSION OF FUNDS)

Section 1413 provides $58,000,000 for assistance for
Jordan, which is offset by a rescission of an equal amount
from the Millennium Challenge Corporation.

ALLOCATIONS

Section 1414 requires that funds in the specified accounts
shall be allocated as indicated in the respective tables in
this explanatory statement. Any change to these allocations
shall be subject to the regular notification procedures of
the Committees on Appropriations.

REPROGRAMMING AUTHORITY

Section 1415 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 PLANS AND NOTIFICATION PROCEDURES

Section 1416 requires the Secretary of State to provide
detailed spending plans to the Committees on Appropriations
on the uses of funds appropriated in subchapters A and B.
These funds are also subject to the regular notification
procedures of the Committees on Appropriations.

TERMS AND CONDITIONS

Section 1417 establishes that unless designated otherwise
in this chapter, the terms and conditions contained within
the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) shall
apply to funds appropriated by this chapter, with the
exception of section 699K.

TITLE II--DOMESTIC MATTERS

CHAPTER 1--FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

SALARIES AND EXPENSES

The amended bill provides an additional $150,000,000 for
Food and Drug Administration, Salaries and Expenses,
available until September 30, 2009. FDA is directed to
provide the Committees on Appropriations monthly expenditures
reports on the use of these funds.

CHAPTER 2--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 the 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

[[Page S6250]]

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 August 1,
2008. Further, the BOP is directed to notify the Committees
of current staff-to-inmate ratios at all Federal prisons on a
monthly basis.

OTHER AGENCIES

National Aeronautics and Space Administration

SCIENCE, AERONAUTICS AND EXPLORATION

The amended bill includes $62,500,000 for Science,
Aeronautics and Exploration.

National Science Foundation

RESEARCH AND RELATED ACTIVITIES

The amended bill includes $22,500,000 for Research and
Related Activities, of which $5,000,000 shall be available
solely for activities authorized by section 7002(b)(2)(A)(iv)
of Public Law 110-69.

EDUCATION AND HUMAN RESOURCES

The amended bill includes $40,000,000 for Education and
Related Activities of which $20,000,000 is for section 10 of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1) and $20,000,000, is for activities authorized
by section 10A of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1a).

CHAPTER 3--ENERGY

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Science

The amended bill includes an additional $62,500,000 for
Science. The Department of Energy is instructed to utilize
this funding to eliminate all furloughs and reductions in
force which are a direct result of budgetary constraints.
Workforce reductions which are a result of completed work or
realignment of mission should proceed as planned. This
funding is intended to maintain technical expertise and
capability at the Office of Science, and may be used for
National Laboratory Research and Development including
research related to new neutrino initiatives. Funding for
research efforts shall not be allocated until the Office of
Science has fully funded all personnel requirements.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

The amended bill includes an additional $62,500,000 for
Defense Environmental Cleanup.

CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES

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 April
2008 nearly 18 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 2.9 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.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

The amended bill provides $150,000,000 in additional
funding for the National Institutes of Health to support
additional scientific research. This funding is to be
distributed on a pro-rata basis across the NIH institutes and
centers.

CHAPTER 5--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--NATURAL DISASTER RELIEF AND RECOVERY

CHAPTER 1--AGRICULTURE

DEPARTMENT OF AGRICULTURE

Farm Service Agency

EMERGENCY CONSERVATION PROGRAM

The amended bill provides $89,413,000 for the Emergency
Conservation Program for disaster relief. The recent Midwest
floods and tornadoes have added to disaster relief funding
needs. Therefore, these funds are provided to meet these and
other disaster relief funding needs.

Natural Resources Conservation Service

EMERGENCY WATERSHED PROTECTION PROGRAM

The amended bill provides $390,464,000 for the Emergency
Watershed Protection Program for disaster relief. The recent
Midwest floods and tornadoes have added to disaster relief
funding needs. Therefore, these funds are provided to meet
these and other disaster relief funding needs.

CHAPTER 2--COMMERCE

DEPARTMENT OF COMMERCE

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The amended bill provides $100,000,000 for economic
development assistance in Presidentially-declared disaster
areas to provide disaster relief, long-term recovery and
restoration of infrastructure.

CHAPTER 3--CORPS OF ENGINEERS

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 $1,527,000,000.
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
provided 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 recommended for this purpose shall be available until
October 1, 2008.
In addition, the amended bill provides $605,988,800 to
respond to recent natural disasters. The funding included
under the Construction; Mississippi River and Tributaries;
Operation and Maintenance; and Flood Control and Coastal
Emergency accounts that reference natural disasters are
provided to address nationwide disaster recovery and
emergency situations and should not be construed to pertain
exclusively to any single disaster event. The Corps shall
prioritize all projects to ensure that the most critical
health and safety risks are addressed.

CONSTRUCTION

The amended bill includes $2,896,700,000 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.
The amended bill includes a provision which requires the
Lake Pontchartrain and Vicinity, West Bank and Vicinity and
Southeast Louisiana projects be cost shared 65 percent
Federal and 35 percent non-Federal as proposed by the
Administration with a resulting Federal cost of
$2,835,000,000 and a non-Federal cost of $1,527,000,000.
While the amended bill includes specific statutory dollar
amounts for the three projects, statutory language has been
included that would allow the Administration to request a
reprogramming of funds, if required. However, the

[[Page S6251]]

Corps should use this reprogramming ability sparingly.
Due to recent natural disasters, the Corps of Engineers has
identified a number of projects that are currently under
construction that have been damaged by storm and flood
events. The amended bill includes $61,700,000 for the Corps
to repair and rehabilitate these construction projects that
were affected by natural disasters.

MISSISSIPPI RIVER AND TRIBUTARIES

Due to recent natural disasters, the Corps of Engineers has
identified a number of Federally-maintained construction and
maintenance projects that have been damaged or otherwise
impacted by storm and flood events. The amended bill includes
$17,590,000 for the Corps to repair and rehabilitate these
projects that were affected by natural disasters.

OPERATION AND MAINTENANCE

Due to recent natural disasters, the Corps of Engineers has
identified a number of navigation and flood damage reduction
projects that have been impacted by storm and flood events.
The amended bill provides $298,344,000 for the Corps to
restore navigation channels and harbors to pre-storm
conditions; and to repair eligible flood damage reduction and
other projects in States affected by natural disasters.

FLOOD CONTROL AND COASTAL EMERGENCIES

The amended bill provides $3,152,854,800 for Flood Control
and Coastal Emergencies. The funding includes, at full
Federal expense, the following amounts: $704,000,000 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 for storm-proofing
interior pump stations to ensure the operability of the
stations during hurricanes, storms, and high water events;
$459,000,000 for armoring critical elements of the New
Orleans hurricane and storm damage reduction system;
$53,000,000 to improve protection at the Inner Harbor
Navigation Canal; $456,000,000 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 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 for repair and restoration of authorized
protections and floodwalls; and $359,000,000 to complete the
authorized protection for the Lake Pontchartrain and Vicinity
Project, for the West Bank and Vicinity Project and the New
Orleans to Venice Project. While the Committee has
recommended specific statutory dollar amounts for the
projects identified under this heading, statutory language
has been included that would allow the Administration to
request a reprogramming of funds, if required. However, the
Corps should use this reprogramming ability sparingly.
Due to recent natural disasters, the Corps of Engineers has
identified a number of projects that have been damaged by
storm and flood events. The amended bill includes
$226,854,800 for the Corps to prepare for flood, hurricane
and other natural disasters and support emergency operations,
repairs, and other activities in response to flood and
hurricane emergencies, as authorized by law; to repair and
rehabilitate eligible projects that were affected by natural
disasters; and to fund claims processing and discovery costs
associated with Hurricane Katrina lawsuits.
The amended bill includes a provision directing the Corps
to continue the NEPA alternative evaluation of all options
for permanent pumping of storm water in the New Orleans
metropolitan area with particular attention to Options 1, 2
and 2a and within 90 days of enactment of this Act provide
the House and Senate Appropriation Committees cost estimates
to implement Options 1, 2 and 2a of the above cited report.
Current plans do not fully account for the operational
challenges that arise during major storm events and are not,
therefore, fully protective of public safety.

EXPENSES

The amended bill includes $1,500,000 for additional
oversight and management costs associated with Hurricane
Katrina recovery efforts.

CHAPTER 4--SMALL BUSINESS

Small Business Administration

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Based on early estimates of damages due to severe storms
and flooding in a number of states, the amended bill includes
$164,939,000 in loan subsidy for the costs of providing
direct loans for homeowners and business-owners so that they
can recover from the effects of these disasters. The amended
bill also includes a total of $101,814,000 for the
administrative costs for carrying out the loan program. These
funds will provide for the on site presence of Small Business
Administration (SBA) employees to assist disaster victims in
obtaining low interest loans from the SBA. Funding will
support additional to staff in call centers, disaster
resource sites, and loan processing centers and for field
inspections to verify damages and losses of homes and
businesses. Funding is also necessary to hire additional
attorneys to carry out the loan closing process, as well as
staff to service the loans. Of this amount, $6,000,000 may be
transferred to the Salaries and Expenses account for indirect
administrative expenses and $1,000,000 is for the Office of
Inspector General for audits and reviews of disaster loans.

CHAPTER 5--FEMA DISASTER RELIEF

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

The amended bill provides an additional $897,000,000 for
Disaster Relief. The recent Midwest floods and tornadoes have
added to disaster relief funding needs. The 1993 Midwest
floods cost FEMA over $1.1 billion fifteen years ago and the
current damage is likely to cost at least this amount, but in
inflated dollars. This funding is provided to partially meet
these and other disaster relief funding needs.

CHAPTER 6--HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Permanent Supportive Housing

The amended bill includes funding for Louisiana Permanent
Supportive Housing, in the amount of $73,000,000. This is a
new program, and the money is split between two accounts in
the bill--the Homeless Assistance Grants and the Project-
Based Rental Assistance programs. This program will provide
funding for the 3,000 units of permanent supportive housing
that are envisioned in the HUD-approved Louisiana Road Home
Program. This will enable the promise of the Road Home
Program to address the housing needs of our most vulnerable
citizens, in particular extremely low-income homeless,
disabled and frail elderly persons, to be fulfilled. Of the
$73,000,000 provided, $20,000,000 will fund 2,000 project-
based vouchers (funded for 1-year terms) with $3,000,000 in
administrative fees, and $50,000,000 will fund 1,000 Shelter
Plus Care units (funded for five-year terms). These are the
ideal and proven housing programs for creating permanent
supportive housing for the populations in question. The
program funds are provided to the State of Louisiana or its
designee or designees, and language is included stating that
the administering entity or entities can act as a public
housing agency for purposes of administering the funding.

Community Planning and Development

Community Development Fund

The amended bill provides $300,000,000 for the Community
Development Fund for necessary expenses related to disaster
relief, long-term recovery, and restoration of infrastructure
in areas for which the President declared a major disaster.

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. The
extended benefits program will terminate on March 31, 2009.
The percentage of workers exhausting unemployment benefits is
currently 37 percent, which is higher than at the beginning
of any of the past five recessions. Not only will 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--VETERANS EDUCATIONAL ASSISTANCE

Title V 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 V 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.
In addition, title V allows for members of the armed
services to transfer their benefits to their spouse or
children.
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.

[[Page S6252]]

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 and was in the Senate amendment
adopted on May 22, 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 and was in the Senate
amendment adopted on May 22, 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
compensation of their most highly-compensated officers.

TITLE VII--MEDICAID PROVISIONS

Title VII 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 two Medicaid regulations
pertaining to: health care provider taxes and targeted case
management. 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 six moratoria are identical to
those included in H.R. 5613, which was approved by the House
by a 349-62 vote and were in the Senate amendment adopted on
May 22, 2008.
The moratorium on these six 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 (CBO), these
regulatory changes would reduce Federal Medicaid spending by
more than $17,500,000,000 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
September 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 VIII--GENERAL PROVISIONS, THIS ACT

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 section 204(a) of S. Con. Res. 21 and section 301(b)(2) of
S. Con. Res. 70, the congressional budget resolutions for
fiscal years 2008 and 2009.
Section 8003 provides for a reduction of $3,577,845,000
from the Procurement; Research, Development, Test and
Evaluation; and Defense Working Capital headings within
chapter 1 of title IX of this Act. The section also provides
that the reduction shall be applied proportionally to each
appropriation account under such headings, and to each
program, project, and activity within each such appropriation
account.
Section 8004 amends section 9310 of this Act, which
prohibits the obligation or expenditure of funds available to
the Department of Defense to implement any final action on
joint basing initiatives. The amendment excepts funds
deposited in the Department of Defense Base Closure Account
2005 from this restriction.
Section 8005 makes funds provided in Public Law 110-28,
which remain available for obligation, within the operation
and maintenance portion of the Defense Health Program for
Post Traumatic Stress Disorder and Traumatic Brain Injury
(TBI) available for psychological health and traumatic brain
injury.
Section 8006 provides that this Act may be referred to as
the ``Supplemental Appropriations Act, 2008''.

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Disclosure of Congressionally Directed Spending Items

Following is a list of congressionally directed spending
items (as defined in rule XLIV of the Standing Rules of the
Senate) included in the House amendment discussed in this
explanatory statement, along with the name of the Senator who
submitted a request to the Committee of jurisdiction for the
items so identified. The items were contained in the Senate-
passed amendment. Neither the amendment nor the explanatory
statement contains any limited tax benefits or limited tariff
benefits as defined in rule XLIV.

MILITARY CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account State Location Project Title Amount Requested By
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army............................. Alaska................... Fort Wainwright.................... Child Development Center....................... 17,000 The Administration \1\
Army............................. California............... Fort Irwin......................... Child Development Center....................... 11,800 The Administration \1\
Navy............................. California............... Camp Pendleton..................... Armory--5th Marine Regiment.................... 10,890 The President
Navy............................. California............... Camp Pendleton..................... Bachelor Quarters & Armory..................... 34,970 The President
Navy............................. California............... Camp Pendleton..................... Bachelor Quarters & Dining Facility............ 24,390 The President
Navy............................. California............... Camp Pendleton..................... Company Headquarters--Military Police.......... 8,240 The President
Navy............................. California............... Camp Pendleton..................... Explosive Ordinance Detachment--Ops............ 13,090 The President
Navy............................. California............... Camp Pendleton..................... Intelligence Surveillance Reconnaissance....... 1,114 The President
Navy............................. California............... Camp Pendleton..................... Armory--Regimental & Battalion HQ.............. 5,160 The President
Navy............................. California............... Camp Pendleton..................... Armory--Intelligence Battalion................. 4,180 The President
Navy............................. California............... Camp Pendleton..................... JIEDDO Battle Courses.......................... 9,270 The Administration \1\
Navy............................. California............... China Lake......................... JIEDDO Battle Courses.......................... 7,210 The Administration \1\
Navy............................. California............... Point Mugu......................... JIEDDO Battle Courses.......................... 7,250 The Administration \1\
Navy............................. California............... San Diego.......................... Child Development Center....................... 17,930 The Administration \1\
Navy............................. California............... Twentynine Palms................... Regimental Headquarters Addition............... 4,440 The President
Navy............................. California............... Twentynine Palms................... JIEDDO Battle Courses.......................... 11,250 The Administration \1\
Air Force........................ California............... Beale AFB.......................... Child Development Center....................... 17,600 The Administration \1\
Army............................. Colorado................. Fort Carson........................ Child Development Center....................... 8,400 The Administration \1\
Army............................. Colorado................. Fort Carson........................ Soldier Family Assistance Center............... 8,100 The President
Navy............................. Florida.................. Eglin AFB.......................... JIEDDO Battle Course Additions................. 780 The Administration \1\
Air Force........................ Florida.................. Eglin AFB.......................... Child Development Center....................... 11,000 The Administration \1\
Army............................. Georgia.................. Fort Gordon........................ Child Development Center....................... 7,800 The Administration \1\
Army............................. Georgia.................. Fort Stewart....................... Soldier Family Assistance Center............... 6,000 The President
Defense-Wide..................... Georgia.................. Fort Benning....................... Hospital Replacement........................... 350,000 ( \2\ )
Army............................. Hawaii................... Schofield Barracks................. Child Development Center....................... 12,500 The Administration \1\
Army............................. Kansas................... Fort Riley......................... Transitioning Warrior Support Complex.......... 50,000 The President
Defense-Wide..................... Kansas................... Fort Riley......................... Hospital Replacement........................... 404,000 ( \2\ )
Army............................. Kentucky................. Fort Campbell...................... Child Development Center....................... 9,900 The Administration \1\
Army............................. Kentucky................. Fort Campbell...................... Soldier Family Assistance Center............... 7,400 The President
Army............................. Kentucky................. Fort Knox.......................... Child Development Center....................... 7,400 The Administration \1\
Army............................. Louisiana................ Fort Polk.......................... Soldier Family Assistance Center............... 4,900 The President
Navy............................. Mississippi.............. Gulfport........................... JIEDDO Battle Courses.......................... 6,570 The Administration \1\
Army............................. Missouri................. Fort Leonard Wood.................. Starbase Complex 6, Phase 1.................... 50,000 ( \2\ )
Air Force........................ New Jersey............... McGuire AFB........................ JIEDDO Training Facility....................... 6,200 The Administration \1\
Air Force........................ New Mexico............... Cannon AFB......................... Child Development Center....................... 8,000 The Administration \1\
Army............................. New York................. Fort Drum.......................... Warrior in Transition Facilities............... 38,000 The President
Army............................. North Carolina........... Fort Bragg......................... Child Development Center....................... 8,500 The Administration \1\
Navy............................. North Carolina........... Camp Lejeune....................... Child Development Center....................... 16,000 The Administration \1\
Navy............................. North Carolina........... Camp Lejeune....................... JIEDDO Battle Courses.......................... 11,980 The Administration \1\
Navy............................. North Carolina........... Camp Lejeune....................... Maintenance/Operations Complex................. 43,340 The President
Defense-Wide..................... North Carolina........... Camp Lejeune....................... Hospital Addition/Alteration................... 64,300 ( \2\ )
Army............................. Oklahoma................. Fort Sill.......................... Child Development Center....................... 9,000 The Administration \1\
Navy............................. South Carolina........... Parris Island...................... Recruit Barracks............................... 25,360 ( \2\ )
Army............................. Texas.................... Fort Bliss......................... Child Development Center....................... 5,700 The Administration \1\
Army............................. Texas.................... Fort Bliss......................... Child Development Center....................... 5,900 The Administration \1\
Army............................. Texas.................... Fort Bliss......................... Child Development Center....................... 5,700 The Administration \1\
Army............................. Texas.................... Fort Hood.......................... Child Development Center....................... 7,200 The Administration \1\
Army............................. Texas.................... Fort Hood.......................... Warrior in Transition Facilities............... 9,100 The President
Army............................. Texas.................... Fort Sam Houston................... Child Development Center....................... 7,000 The Administration \1\
Defense-Wide..................... Texas.................... Fort Sam Houston................... Burn Rehab Unit................................ 21,000 The President
Army............................. Virginia................. Fort Lee........................... Child Development Center....................... 7,400 The Administration \1\
Navy............................. Virginia................. Yorktown........................... JIEDDO Battle Courses.......................... 8,070 The Administration \1\
Army............................. Afghanistan.............. Bagram............................. Administrative Building........................ 13,800 The Administration \1\
Army............................. Afghanistan.............. Bagram............................. New Roads...................................... 27,000 The President
Army............................. Afghanistan.............. Bagram............................. Ammunition Supply Point........................ 62,000 The President
Army............................. Afghanistan.............. Bagram............................. Power Plant.................................... 41,000 The President
Army............................. Afghanistan.............. Bagram............................. Bulk Fuel Storage & Supply, Phase 3............ 23,000 The President
Army............................. Afghanistan.............. Bagram............................. Bulk Fuel Storage & Supply, Phase 4............ 21,000 The President
Army............................. Afghanistan.............. Various Locations.................. CIED Road--Rte Alaska.......................... 16,500 The President
Army............................. Afghanistan.............. Bagram............................. Aircraft Maintenance Hangar.................... 5,100 The President
Army............................. Afghanistan.............. Ghazni............................. Rotary Wing Parking............................ 5,000 The President
Army............................. Afghanistan.............. Kabul.............................. Consolidated Compound.......................... 36,000 The President
Army............................. Afghanistan.............. Various Locations.................. CIED Road--Rte Connecticut..................... 54,000 The President
Air Force........................ Afghanistan.............. Bagram............................. Strategic Ramp................................. 43,000 The President
Air Force........................ Afghanistan.............. Bagram............................. Parallel Taxiway, Phase 2...................... 21,400 The President
Air Force........................ Afghanistan.............. Bagram............................. East Side Helo Ramp............................ 44,400 The President
Air Force........................ Afghanistan.............. Kandahar........................... ISR Ramp....................................... 26,300 The President
Navy............................. Djibouti................. Camp Lemonier...................... Network Infrastructure Expansion............... 6,270 The President
Navy............................. Djibouti................. Camp Lemonier...................... Dining Facility................................ 20,780 The Administration \1\
Navy............................. Djibouti................. Camp Lemonier...................... Water Production............................... 19,140 The President
Navy............................. Djibouti................. Camp Lemonier...................... Full Length Taxiway............................ 15,490 The Administration \1\
Navy............................. Djibouti................. Camp Lemonier...................... Fuel Farm...................................... 4,000 The Administration \1\
Navy............................. Djibouti................. Camp Lemonier...................... Western Taxiway................................ 2,900 The Administration \1\
Army............................. Iraq..................... Camp Adder......................... Petro Oil & Lubricant Storage.................. 10,000 The President
Army............................. Iraq..................... Camp Adder......................... Waste Water Treatment & Collection............. 9,800 The President
Army............................. Iraq..................... Camp Adder......................... Convoy Support Center Relocation, Phase 2...... 39,000 The President
Army............................. Iraq..................... Al Asad............................ Landfill Construction.......................... 3,100 The President
Army............................. Iraq..................... Al Asad............................ Hot Cargo Ramp................................. 18,500 The President
Army............................. Iraq..................... Al Asad............................ South Airfield Apron (India Ramp).............. 28,000 The President
Army............................. Iraq..................... Camp Anaconda...................... Landfill Construction.......................... 6,200 The President
Army............................. Iraq..................... Camp Anaconda...................... Hazardous Waste Incinerator.................... 4,300 The President
Army............................. Iraq..................... Camp Constitution.................. Juvenile TIFRIC................................ 11,700 The President
Army............................. Iraq..................... Fallujah........................... Landfill Construction.......................... 880 The President
Army............................. Iraq..................... Camp Marez......................... Landfill Construction.......................... 880 The President
Army............................. Iraq..................... Q-West............................. North Entry Control Point...................... 11,400 The President
Army............................. Iraq..................... Q-West............................. Perimeter Security Upgrade..................... 14,600 The President
Army............................. Iraq..................... Camp Ramadi........................ Landfill Construction.......................... 880 The President
Army............................. Iraq..................... Scania............................. Entry Control Point............................ 5,000 The President
Army............................. Iraq..................... Scania............................. Water Storage Tanks............................ 9,200 The President
Army............................. Iraq..................... Camp Speicher...................... Military Control Point......................... 5,800 The President
Army............................. Iraq..................... Camp Speicher...................... Landfill Construction.......................... 5,900 The President
Army............................. Iraq..................... Camp Speicher...................... Aviation Navigation Facilities................. 13,400 The President
Army............................. Iraq..................... Camp Taqqadum...................... Landfill Construction.......................... 880 The President
Army............................. Iraq..................... Camp Victory....................... Landfill Construction.......................... 6,200 The President
Army............................. Iraq..................... Camp Victory....................... Level 3 Hospital............................... 13,400 The President
Army............................. Iraq..................... Camp Victory....................... Waste Water Treatment & Collection............. 9,800 The President
Army............................. Iraq..................... Camp Victory....................... Water Supply, Treatment & Storage, Phase 3..... 13,000 The President
Army............................. Iraq..................... Camp Victory....................... Water Treatment & Storage, Phase 2............. 18,000 The President
Army............................. Iraq..................... Camp Warrior....................... Landfill Construction.......................... 880 The President
Army............................. Iraq..................... Various Locations.................. Overhead Cover--eGlass......................... 30,000 The President
Army............................. Iraq..................... Various Locations.................. Overhead Cover--eGlass, Phase 4................ 105,000 The President
Air Force........................ Iraq..................... Balad AB........................... Helicopter Maintenance Facilities.............. 34,600 The President
Air Force........................ Iraq..................... Balad AB........................... Foxtrot Taxiway................................ 12,700 The President

[[Page S6262]]

Air Force........................ Iraq..................... Balad AB........................... Fighter Ramp................................... 11,000 The President
Army............................. Kuwait................... Camp Arifjan....................... Communications Center.......................... 30,000 The President
Air Force........................ Kyrgyzstan............... Manas AB........................... Strategic Ramp................................. 30,300 The President
Air Force........................ Oman..................... Masirah AB......................... Expeditionary Beddown Site..................... 6,300 The Administration \1\
Air Force........................ Qatar.................... Al Udeid........................... Facilities Replacement......................... 30,000 The Administration \1\
Air Force........................ Qatar.................... Al Udeid........................... Close Air Support Parking Apron................ 60,400 The Administration \1\
Defense-Wide..................... Qatar.................... Al Udeid........................... Special Operations Forces Warehouse............ 6,600 The President
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\1\ These projects were requested by the Department of Defense subsequent to the submission of the President's budget request and were not included in the official budget request.
\2\ These projects were added by the House Committee on Appropriations as a result of hearings, site visits, and departmental briefings on trainee and recruit facilities and medical treatment
facilities.

CONGRESSIONALLY DIRECTED SPENDING ITEMS
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Account Project Funding Member
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Corps of Engineers--Construction...... In the aftermath of Hurricane Katrina, Lake Ponchartrain and Vicinity, LA.................... $1,077,000,000 The President, Senators Landrieu,
Vitter
Corps of Engineers--Construction...... In the aftermath of Hurricane Katrina, West Bank and Vicinity, LA............................ 920,000,000 The President, Senators Landrieu,
Vitter
Corps of Engineers--Construction...... In the aftermath of Hurricane Katrina, Southeast Louisiana, LA............................... 838,000,000 The President, Senators Landrieu,
Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, 17th Street, Orleans, and London Avenue Canal pumps 704,000,000 The President, Senators Landrieu,
Coastal Emergencies. and closures, LA. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, Stormproofing interior pump stations, LA.............. 90,000,000 The President, Senators Landrieu,
Coastal Emergencies. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, Levee and critical element armoring, LA............... 459,000,000 The President, Senators Landrieu,
Coastal Emergencies. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, Navigable closure at the Inner Harbor Navigation 53,000,000 The President, Senators Landrieu,
Coastal Emergencies. Canal, LA. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, Incorporation of Plaquemines Parish, Louisiana, Non- 456,000,000 The President, Senators Landrieu,
Coastal Emergencies. Federal levee. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, reinforcing or Replacing Floodwalls in the existing 412,000,000 The President, Senators Landrieu,
Coastal Emergencies. Lake Ponchartrain and Vicinity, and West Bank and Vicinity Projects in New Orleans, LA. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, repair and restoration of authorized protections and 393,000,000 The President, Senators Landrieu,
Coastal Emergencies. floodwalls in New Orleans, LA. Vitter
Corps of Engineers--Flood Control and In the aftermath of Hurricane Katrina, complete authorized Lake Ponchartrain and Vicinity and 359,000,000 The President, Senators Landrieu,
Coastal Emergencies. West Bank and Vicinity projects in New Orleans, LA. Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SUBCOMMITTEE ON TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Housing and Urban Permanent Supportive Housing vouchers for the State of Louisiana for elderly, disabled and 73,000,000 Senator Landrieu
Development: Permanent Supportive other at-risk homeless individuals directly impacted by Hurricane Katrina.
Housing.
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Mr. BYRD. Mr. President, today, the Senate Appropriations Committee
reported the fiscal year 2009 Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act. In this bill, the
Senate Committee has continued its aggressive efforts to improve the
safety of miners in the coal fields.
After the deadly tragedy at the Sago Mine in 2006, the Congress
passed the Mine Improvement and New Emergency Response, MINER, Act,
which I was pleased to cosponsor. Among other things, that bill
required the immediate installation of emergency breathing devices and
also the installation of wireless communications and tracking equipment
by June 2009. The MINER Act also required the Mine Safety and Health
Administration, MSHA, to draft several new regulations, including rules
on penalties, mine rescue teams, and the sealing of abandoned areas. It
also required a report from the National Institute for Occupational
Safety and Health, NIOSH, on refuge alternatives, as well as a report
on belt-air ventilation and the fire-retardant properties of belt
materials from a technical study panel. I would note that the
Appropriations Committee included two amendments to the MINER Act in
the fiscal year 2008 Omnibus appropriations bill directing MSHA to
finalize regulations later this year that would implement the
recommendations on refuge alternatives and belt safety provided by
NIOSH and the Technical Study Panel. MSHA issued the proposed rules
this month for comment.
In order to meet these new mandates and so that MSHA can fulfill its
other important health and safety responsibilities, like completing 100
percent of statutory inspections, the Senate Appropriations Committee
increased funding for coal enforcement from $117 million in fiscal year
2006, to $150 million in fiscal year 2008. In May 2006, the Senate
Appropriations Committee also directed MSHA to hire 170 new coal
inspectors and provided $25.6 million to accomplish that task. Since
then, MSHA has hired 322 coal enforcement personnel--increasing the
number of inspectors from 587 in June 2006, to 750 in May 2008.
I also proudly note that the committee has added funding for mine
safety research at NIOSH, increasing to $50 million the budget for the
development of health and safety technologies. The committee also
provided $23 million in the fiscal years 2006 and 2007 Supplemental
Appropriations Acts in order to expedite the deployment of safety
technologies. With the funding the committee has provided since Sago,
NIOSH has unveiled an improved self-contained, self-rescuer, SCSR, that
allows miners to replace their oxygen supply without removing their
SCSR. NIOSH has also announced progress on more durable and survivable
communications systems, and completed critical studies of seals and
refuge alternatives, which MSHA has used as the basis for its
regulatory proposals.
Having increased funding in previous years, the Appropriations
Committee focused this year on ensuring that the administration does
not back away from its commitment to mine safety. In his fiscal year
2009 budget, President Bush proposed cutting coal enforcement by $10
million. The committee-reported fiscal year 2009 bill rejects this
proposal, and increases the budget for coal enforcement to $155
million. This is $4.4 million above the fiscal year 2008 enacted level,
and when you discount $6 million of one-time expenditures last fiscal
year, the total increase is more than $10 million.
This funding would enable MSHA to continue to hire inspectors,
specialists, and support staff, and to implement the MINER Act. It
would also enable MSHA to achieve 100 percent compliance with its
statutory mandates. In addition, the fiscal year 2009 committee-
reported bill includes $2 million above the president's budget request
for MSHA to minimize coal dust levels through increased spot
inspections. This is a new funding priority for the committee, in light
of NIOSH reports in 2007 about alarming clusters of rapidly progressing
black lung around southern West Virginia. The bill also includes
language requiring by March 31, 2009, a report from MSHA on the
feasibility and efficacy of MSHA assuming responsibility for collecting
dust samples and using single, full-shift measurements instead of
averages to ensure compliance with the law.
Mr. President, I praise the work of the dedicated enforcement
personnel laboring in the coal fields. With funding from the
Appropriations Committee, they have been working overtime and putting
in long and hard hours. After too many years of neglect in the
President's budgets, I am proud to note that there are visibly and
noticeably more inspectors in the coal fields today, and additional
inspectors are on the way. That is real, tangible progress. We must
continue it. The argument that MSHA can now afford to

[[Page S6263]]

cut back its budget for coal enforcement must not be allowed to take
root. We must provide MSHA personnel with everything they need to do
their job. As coal production increases across the Nation and MSHA
struggles to implement the mandates of the MINER Act, the Congress must
ensure sufficient funding to ensure that each and every mandate of the
Coal Act is enforced.
Mr. COCHRAN. Mr. President, over the past few months I have spoken
several times in this Chamber about the need to approve a supplemental
request from the President for appropriations to fund activities and
operations of the Department of Defense. Progress on this request has
been terribly slow. It has now been more than 500 days since the
President submitted his request.
In a hearing before the Defense Appropriations Subcommittee last
month, Secretary of Defense Gates testified that the military personnel
accounts that pay our soldiers, and the operations and maintenance
accounts that fund readiness, training and salaries of civilian
employees were running dry. Secretary Gates has been able to forestall
this depletion of funds for a short period of time, but only by
employing measures that are disruptive to the operations and management
of the Department of Defense.
Secretary Gates has had to transfer funding from Air Force, Navy and
Marine accounts to the Army to enable the Army to meet its military and
civilian payroll, and to fund current operations. It is incredible to
think that to be able to pay military personnel who are on the
frontlines, engaged in combat, the Secretary of Defense has had to
transfer funding between accounts because the Congress will not act on
a supplemental request that has been pending for almost a year and a
half.
The delay in providing supplemental funding has caused the Defense
Department to divert thousands of man hours from focusing on how best
to support our men and women in uniform to figuring out how to cash
flow the Defense Department so our men and women in uniform will
receive a paycheck. We will probably never know how many millions of
dollars have been wasted during this shell game. And we will probably
never know how many sailors, soldiers, airmen or marines have been put
at greater risk because Defense Department leaders and managers have
had to shift their attention from supporting the warfighter to figuring
out how to make the payroll, or deciding what activities are ``exempt''
from cessation because the Department's funding has been depleted.
The delay in providing funding for our troops has disrupted
operations in Afghanistan as well as Iraq. Admiral Mullen, the Chairman
of the Joint Chiefs of Staff, testified at a Defense Appropriations
Subcommittee hearing that during his visit to the front lines he
learned that the soldiers were unable to allocate funds from the
Commander's Emergency Response Program because all the money had
essentially already been allocated. We are more than two-thirds of the
way through the fiscal year, yet Congress has provided less than one-
third of the funds requested for this emergency response. Admiral
Mullen said, and I quote,

I'm especially concerned about the availability of funds
into the Commander's Emergency Response Program, authority
for which expires next month. (The program) has proven in
most cases more valuable and perhaps more rapid than bullets
or bombs in the fight against extremism . . .

I worry that the Congress is becoming an impediment to the efficiency
and the capability of our government, and to our Department of Defense
particularly. I worry that we are not acting as expeditiously as we
should to protect our troops in the field that are conducting dangerous
missions. The delays we have experienced with this supplemental were as
unnecessary as they are inexcusable.
I am also disappointed that the supplemental before the Senate means
that the gulf coast's ongoing recovery from Hurricane Katrina will be
slowed. Mississippi's gulf coast suffered tremendous devastation as
Senators know as a result of Hurricane Katrina. There was significant
loss of life as well as significant damage to property. In last year's
supplemental spending bill, the Congress tasked the U.S. Army Corps of
Engineers to recommend measures to protect the Mississippi gulf coast
from future storms. The Corps of Engineers has drafted its
recommendations, and the Senate responded by including funding for
these important Corps-recommended projects in our version of the
supplemental appropriations bill.
One of the projects included in the Senate-passed supplemental is the
restoration of Mississippi's Barrier Islands. These islands, which are
federally owned, suffered terrible damage after Hurricane Camille in
1969 and are now so vulnerable that even a relatively small hurricane
may destroy them completely. These are my State's last line of defense
before a major hurricane moves inland. Continued delay leaves my state
more vulnerable.
The Corps of Engineers also concluded that homeowner relocation
assistance would be the most effective alternative for reducing the
risk from future hurricane surge events by relocating structures and
population centers from the high risk zones. This voluntary program
would assist those who are looking to locate outside the high-hazard
area. It is vital not only to recovery but also for protection from a
future disaster. We are now in the midst of another hurricane season,
and every day this Congress does not act is 1 more day that
Mississippians are at risk.
Unfortunately, all of these items were dropped from the bill by the
other body, and because of the long delay in acting on the supplemental
there is now no time or opportunity to consider the matter further. I
share the President's concerns about excessive spending. But 16 months
have passed since the President's supplemental request was submitted,
and 6 months have passed since the 2008 bills were enacted. In that
time natural disasters have occurred and additional disaster-related
needs have become apparent.
In March of this year, three barracks at Camp Shelby in Mississippi
suffered significant damage and destruction after violent weather.
Fourteen soldiers were hospitalized; four of the soldiers sustained
serious injuries. Many other structures were damaged. The Senate-passed
spending bill contained funding to rebuild these barracks, but the
continued delays in funding prevent this important work from being
started. Floodwaters continue to inflict damages to farms, homes, and
businesses along the Mississippi River. There is little question that
additional resources will be required to respond to this continuing
disaster.
I am speaking today in part to draw attention to what I feel has been
a poor performance by Congress on this bill. But I also come to the
floor because there is no other venue to express my views on the
supplemental. There was no conference committee appointed to resolve
differences between the House and Senate. There were no meetings of the
chairmen and ranking members of the Appropriations Committees or of the
subcommittees involved. And there has been virtually no opportunity for
Members of this body to offer amendments to the bill. I regret that. It
is not the way we should discharge our responsibilities. I think there
is little question that had we followed regular order we could have
enacted a supplemental a month ago, and spared our men and women in the
field a great deal of uncertainty.
I support this supplemental and urge my colleagues to do the same,
but hope that we can do better next time.
Mr. REID. Mr President, momentarily, the Senate will move to pass the
domestic portion of the emergency supplemental appropriations bill.
After months of negotiation, I am confident that we will pass this
legislation by an overwhelming bipartisan margin.
For our troops, for the unemployed, and for those who have suffered
from natural disasters and economic hardship, this legislation is a
long-overdue victory.
I am glad we have reached this point, but it has not come easily.
My colleagues will recall that when President Bush requested yet
another supplemental war funding bill, he said to Congress--give me my
war money and not a penny more.
He said that even after appropriating $660 billion for war, any
effort by Congress to address our needs here at home would be met with
a veto.
Some of our Republican colleagues said--why bother trying--why take
the

[[Page S6264]]

time to legislate--when the President has made his veto plans clear?
Our answer then was it is our job to legislate.
The Constitution calls for three separate but equal branches of
government.
A President's veto threat must not stop us from doing what we think
is right.
So we did not blink or back down. We said that after $600 billion
spent on Iraq, it is long past time to take care of some problems right
here in America.
We did exactly what the Congress is meant to do: we legislated. We
negotiated. We compromised.
And because we did, we now stand ready to deliver a major victory for
the American people.
After months of inching ever closer--despite some Republicans who
said it wasn't worth the cost--we are delivering a new GI bill to our
courageous troops.
Some on the other side of the aisle started out opposing this effort.
My Republican colleagues from Arizona, South Carolina, and North
Carolina opposed it, apparently because they and others felt it was too
generous to the troops who serve.
They pursued their own bill, which in my view was but a pale shadow
of the GI bill we vote on tonight.
It would have fallen far short of providing our troops what they
deserve. In the face of their opposition, we persisted.
President Franklin Delano Roosevelt signed the original GI bill into
law 64 years ago.
He said at the time that the bill ``Gives emphatic notice to the men
and women in our Armed Forces that the American people do not intend to
let them down.''
Since President Roosevelt affixed his name to that historic
legislation, nearly 8 million veterans have advanced their education,
gotten better jobs, and blazed a path to a brighter future for
themselves and their families.
Those 8 million men and women have gone on to become teachers,
doctors, entrepreneurs and public servants.
Several of our colleagues are among them--Dan Akaka, Chuck Hagel, Dan
Inouye, Frank Lautenberg, Ted Stevens, John Warner and Jim Webb.
I don't think it is presumptuous to say that each one of them would
credit the GI bill as one reason for what they have achieved.
In his time, President Roosevelt promised to never let our troops
down, and today we stand poised to renew and reinvigorate his pledge.
The new GI bill will increase educational benefits for all members of
the military who have served on active duty since September 11,
including reservists and National Guard.
The years since September 11 have seen our troops strained to a level
not seen since Vietnam, so these benefits are hard-earned and well-
deserved.
This new GI bill so covers college expenses to match the full cost of
an in-state public school, plus books and a stipend for housing.
For those who have said it costs too much, I say our troops have more
than earned it.
And every dollar we invest in educating our veterans today comes back
to our economy seven times over.
But, new GI bill is not the only important investment this
supplemental legislation makes.
It also extends unemployment insurance for all states by 13 weeks and
an additional 13 weeks for States with the highest unemployment.
The Congressional Budget Office and many economists say that
extending unemployment insurance is among the most effective steps we
can take to stimulate the economy.
We have talked for months about the need to help struggling Americans
keep their heads above water as our economy continues to flounder. We
could have passed this extension months ago, but passing it today is an
important step.
This supplemental appropriations bill also: Provides long overdue
assistance to victims of Hurricane Katrina with matching funds for
levee construction, law enforcement, hospitals, homelessness and
reconstruction projects in Mississippi; comes to the aid of victims of
other natural disasters like floods and droughts that have devastated
certain crops; rolls back the Bush administration's attempts to
regulate Medicaid into oblivion by blocking six of seven administration
regulations aimed at depriving children, the elderly and people with
disabilities of critical services; and, this legislation invests in a
variety of other critical priorities, including infrastructure repair,
food and drug safety, and firefighters' assistance.
It is no secret that many Democrats--myself included--wish that there
was no such thing as an emergency supplemental appropriations bill.
We wish that the urgent domestic needs of the American people had
been addressed by President Bush and funded in the ordinary budget
process.
And we wish that the $660 billion we have already spent on the war in
Iraq could have gone toward eliminating our record deficit, and
investing in schools, hospitals, roads, job training and public safety.
But despite the crushing weight of a war that will cost us well more
than $2 trillion when all is said and done--it is our responsibility to
always put the needs of the American people first.
This supplemental appropriations bill fulfills that responsibly. I
urge all of my colleagues to support it.
Mr. LEVIN. Mr. President, I strongly support the extension of
unemployment insurance benefits. Extending unemployment insurance
benefits would fairly and rightly extend much needed assistance to
Americans who are struggling to find jobs. While I was disappointed
that the provision in this bill does not include extra benefits for
states with high unemployment rates, I believe this unemployment
insurance extension, or benefits of an additional 13 weeks for all
States, is an important step forward. If the trend of rising
unemployment rates continues, it is my hope that Congress will consider
another emergency unemployment insurance package that will do more to
help states struggling with the highest rates of unemployment.
The Nation's unemployment rate jumped to 5.5 percent in May from 5
percent in April--the biggest jump in 1 month in 22 years. Since the
beginning of the Bush administration, Michigan has suffered significant
jobs losses and the State's unemployment rate has increased from 4.5
percent in January 2001 to 8.5 percent in May of this year, the highest
unemployment rate in the Nation. Michigan has not seen an unemployment
rate this high since October of 1992. For too long, the administration
has stood idle as 3.3 million manufacturing jobs have been lost, and as
working families have felt the squeeze of the rising costs of energy,
health care and food. An estimated 428,000 Michigan residents were
unemployed in May. Between May 2007 and May of this year, over 170,000
residents exhausted their unemployment benefits and could not find
jobs. This year, on average each month about 15,000 more Michigan
residents face this same predicament.
President Bush's opposition to an extension of unemployment benefits
is apparently based on his belief that, somehow, the availability of
unemployment benefits would discourage people from looking for a job. I
am disappointed that President Bush would repeat this tired and
inaccurate excuse for failing to provide Americans the help they need
in these tough times. The devastating reality is that about 7.6 million
Americans are unemployed and cannot find jobs, not because they are
refusing to look, but because the labor market simply does not have the
jobs. Millions of workers have been searching for a job for over 6
months, to no avail. The number of long-term unemployed workers is now
higher than when it was when we provided an unemployment insurance
extension in 2002. The high rate of unemployment has disproportionately
affected veterans, minorities, and young people. While Americans
continue to search high and low for a job, their unemployment benefits
are running out.
Our people face tremendous economic pressures, from a rate of home
foreclosures that is up 130 percent from 2006, soaring costs of health
care, to skyrocketing prices for food and gas. Unfortunately, this
situation is unlikely to improve soon. Since President Bush took
office, the price of health insurance is up 44 percent, the price of
college tuition is up 47 percent, the price of gas is up 95 percent,
the Federal debt has almost doubled and the dollar has lost a third of
its value.

[[Page S6265]]

Meanwhile, American families are facing a cost crunch. According to a
study by a prominent Harvard Law School professor, the median household
income fell by $1,175, in 2007 dollars, between 2000 and 2006. During
that same period, consumer expenditures for basic family needs such as
mortgage payments, gas, food, phone bills, household appliances, and
health insurance increased by $3,552, also in 2007 dollars. Available
data in 2008 suggest that the cost of basic needs has continued to
increase since 2006, and, between a lower real income and higher basic
costs, families are facing as much as a $5,700 shortfall, as compared
with 2000 figures.
Extending unemployment insurance during times of recession is nothing
new. In the past 30 years, Congress has acted three times to establish
temporary extended unemployment benefits, each time during a recession.
On average, the length of time that Americans have struggled to get by
without a job is longer than it has been in the 30 years since Congress
first extended unemployment insurance benefits.
Extending unemployment insurance during tough times is one of the
most effective ways to stimulate the economy, dollar for dollar, and
this money can be distributed within weeks. Extending unemployment
insurance is essential to provide much-needed support to those who have
lost their jobs and are struggling to reenter the job market. Workers
who receive these unemployment benefits are likely to spend them
quickly, making this one of the fastest ways to infuse money into our
economy in the short term.
I supported an economic stimulus package considered in the Senate,
which included important provisions including an unemployment insurance
extension. Unfortunately, this legislation was blocked due to a
filibuster by Senate Republicans. It was deeply disappointing that the
Senate was forced to pass a short-term stimulus package that did not
include an unemployment insurance extension. On May 22, 2008, the
Senate overwhelmingly supported an amendment to the Emergency
Supplemental bill that included a 13-week extension for unemployment
benefits, with an additional 13 weeks for states like Michigan with
high levels of unemployment. While the latter important provision is
not included in the bill before us, I believe Congress must act with
urgency to provide an emergency unemployment extension and therefore I
support this legislation.
Mr. FEINGOLD. Mr. President, I support the amendment to the emergency
supplemental funding bill that provides needed assistance for Wisconsin
and other flood-stricken Midwestern States, unemployed workers, and
veterans.
As a result of the horrifying floods that have ravaged the Midwest
over the last 3 weeks, a number of people have lost their lives,
including two residents of Wisconsin, and many more have lost homes or
suffered other harm.
I joined a number of my colleagues from affected States in asking
that flood relief money be included in the supplemental, and I am very
pleased to support the $2.65 billion in disaster relief in the
amendment for States suffering from record flooding. I cannot emphasize
enough how crucial this disaster relief is to the people of Wisconsin.
Beginning on June 5, Wisconsin was struck by 7 to 9 inches of rain that
fell over a 24-hour period, followed by destructive winds and
tornadoes. So far, 28 counties in Wisconsin have been declared disaster
areas and we expect that at least 2 more will be declared disasters
shortly. This water is draining into the Mississippi as we speak and
has inundated communities throughout Iowa, Indiana, Illinois, Missouri
and surrounding States.
With damage assessments underway, over $400 million of damage has
been identified in the State of Wisconsin alone. Over 15,000 residents
have registered for individual assistance in the 22 declared Wisconsin
counties. An estimated 4,000 wells have been contaminated. The damage
to crops will be considerable. We have not seen devastation like this
in my State since 1993.
The assistance provided in this amendment will go a long way to help
families and businesses get back on their feet, but additional funds
may be needed down the road. I will continue to work with my colleagues
in the Senate to ensure that the Federal Government's response is
prompt and complete.
I am also pleased that this amendment provides thirteen weeks of
extended unemployment insurance benefits to workers who have exhausted
their regular unemployment insurance benefits. At this critical time in
our Nation's economy, it is important that Congress do what it can for
workers and families who are struggling. Earlier this month, the
Department of Labor released its unemployment figures for the month of
May showing a 1-month increase of half a percentage point in the
unemployment rate to 5.5 percent, which was one of the biggest 1-month
increases in over two decades. I joined a number of my Senate
colleagues in requesting an extension of unemployment benefits as part
of the stimulus package Congress passed earlier this year due to the
fact that increasing unemployment benefits has a high stimulative
effect on the economy. It is clear that an extension of unemployment
benefits is needed in our States and local communities now.
I strongly support the provisions of this amendment that update the
GI bill to provide comprehensive educational benefits for this
generation of veterans. This legislation will help thousands of
servicemembers transition back to civilian life as they return from
demanding tours in Iraq and Afghanistan. It will also benefit the
entire Nation as veterans' contributions to the workforce are enhanced
through higher education. While these provisions should have been paid
for, passing them is the least we can do for a brave generation of
Americans who have served their country honorably.
There are other provisions in the amendment that I support, including
a moratorium on six rules proposed by the administration that would
undermine the Medicaid Program. I am disappointed, however, that the
bill no longer includes vital funding for Byrne grants, LIHEAP and
other domestic priorities. And I continue to be extremely disappointed
at the willingness of too many of my colleagues to provide the
President with funds to continue the misguided war in Iraq. While that
funding is not included in the amendment we will vote on today, I will
continue to oppose efforts to fund a war that is damaging our national
security.
Mr. CARDIN. Mr. President, the spending bill we consider today
contains many provisions that address urgent needs facing our Nation's
economy, our Nation's families, and our Nation's troops.
Among the most important, this legislation extends unemployment
insurance benefits at a time where too many Americans are struggling to
find jobs, it postpones six Medicaid regulations that would have
impeded access to health care for those who need it most, and it
provides veterans returning from Iraq and Afghanistan with a new level
of educational benefits that will cover the full costs of an education
at a State institution.
We have an obligation to respond to the growing economic crisis and
the needs it has created for American families. People are losing their
homes and their jobs, and along with those jobs, their health care.
Since March 2007, the number of unemployed has increased by 1.1 million
workers. We learned a few weeks ago that the unemployment rate in our
country shot up by a half a point, from approximately 5 to 5.5 percent.
The Baltimore Sun reported last week that the Goodwill Industries of
the Chesapeake's Baltimore center has seen an estimated 50 percent
increase in clients seeking job placement assistance.
This bill includes provisions that respond to these growing needs. It
extends unemployment benefits by 13 weeks for all the Nation's workers.
Extending unemployment insurance this way helps families. That is
critically important. But it will also help our economy. Economists
estimate that every dollar spent on benefits leads to $1.64 in economic
growth. With this extension, we will provide critical stimulus to our
slowing economy.
The bill also extends a freeze on six Medicaid rules issued by the
administration that would have put a tremendous burden on State and
local budgets already under pressure and affected access to services
for many Marylanders and Americans all around the country.

[[Page S6266]]

I want to talk about the impact of just two of those rules: one that
would eliminate Medicaid coverage of transportation services required
by students with special needs and the second that would change
benefits for case management services that help some of our most
vulnerable individuals access needed medical, social, and educational
services. In addition to impeding access to care, these two rules alone
would have cost Maryland $67 million in their first year. I was a proud
cosponsor of S. 2819 that would have prohibited the Secretary of Health
and Human Services from implementing these rules and am glad to see
that a moratorium on these rules will become law.
I am especially pleased to support provisions that provide veterans
returning from Iraq and Afghanistan with a new level of educational
benefits that will cover the full costs of an education at a State
institution. Some of my colleagues have argued that the benefit is too
generous. But this country provided our troops a similar opportunity
after World War II. That investment created a generation of great
leaders and an economic boom that transformed our country.
A new GI bill allows a new generation of brave men and women to
fulfill their dreams and adjust to civilian life. Just today a young
man came into my office, a Maryland National Guardsman, who had served
two tours of duty in Iraq. While overseas on his second tour, he missed
the birth of his first child. Now that he is home, he wants to pursue
an education. Although interested in a program at my State's flagship
institution, the University of Maryland at College Park, the tuition
was beyond his means and he enrolled in a community college instead
where he will shortly complete his associate's degree program. He came
into my office to explain his situation and ask whether there was any
way we could help him continue his education at a 4-year institution.
That is an opportunity we owe the service men and women, including
activated reservists and National Guard, who this administration has
asked to serve extended and repeated combat tours. I am so proud that
we will live up to that obligation today. But a new GI bill is also a
wise investment; it allows our economy to fully benefit from these
veterans' talent, leadership, and experience.
There are other critical provisions in this bill. It provides funding
to address the devastating Midwest flooding and other natural
disasters. It addresses critical quality of life and medical care
issues for our troops including funding to improve barracks, build VA
hospitals and polytrauma centers, and create new military child care
centers. It provides the funding we need to implement the 2005 BRAC
recommendations.
The bill makes critical investments to improve our competitiveness by
funding research and other programs at the National Institutes of
Health, the National Science Foundation, the National Aeronautics and
Space Administration, and the Department of Energy. At a time we are
all avoiding tomatoes, this bill makes a major investment in food
safety by providing additional resources to the Food and Drug
Administration.
I want to commend my colleagues who refused to give up on these
priorities even in the face of initial opposition and a veto threat
from our President. I am encouraged that we may have a chance in the
near future to act on other domestic priorities including increased
energy assistance to low-income Americans facing skyrocketing fuel
prices and commercial fishery disaster assistance that could help
Maryland's watermen.
Former President John F. Kennedy said, ``To govern is to choose.'' In
this bill, this Congress is choosing to prioritize those issues that
affect Americans' lives every day, our access to jobs, to health care,
to education, to safe food. I am proud to offer this bill my support.

national synchrotron light source II

Mr. SCHUMER. Mr. President, I rise today to ask my colleague, the
chairman of the Energy and Water Appropriations Subcommittee, about a
matter that may become an issue if we do not pass the fiscal year 2009
appropriations bills in a timely manner. As you know, there are several
critically important projects in the Department of Energy's Office of
Science budget in various stages of development. One of the projects is
the National Synchrotron Light Source II at Brookhaven National
Laboratory. This project is in the design phase and is expected to
begin construction in the early part of 2009.
The fiscal year 2008 Omnibus appropriations bill provided
approximately $20 million less than the budget request, and the fiscal
year 2009 budget request has a substantial increase, which is
consistent with the funding profile. I am concerned about the impact a
continuing resolution for several months may have on the schedule and
overall cost for the National Synchrotron Light Source II project. One
issue is that under a continuing resolution less money would be
available than if the budget request were enacted. A more pressing
issue is that under some previous continuing resolution rules
construction would not be allowed to begin as that would be a new
activity.
Could my colleague please comment on these matters?
Mr. DORGAN. I thank the gentleman from New York for the question.
There are several projects in the Office of Science and in the
Department of Energy that are in various stages of planning, design,
and construction. Like the National Synchrotron Light Source II
project, these other projects may also be impacted if a long-term
continuing resolution is enacted.
I very much appreciate my colleague's concern about the project at
Brookhaven National Laboratory and will work with him to attempt to
address these issues if a long-term continuing resolution becomes a
reality.
Mr. ENZI. Mr. President, I rise today to discuss the emergency
supplemental bill that we are considering in the Senate.
This new version of the emergency supplemental bill represents a
change from the previous version. It is less expensive--$3 billion less
in domestic, nonmilitary spending that didn't belong in this bill in
the first place.
The bill is also better for overall defense than the last version. I
am speaking of the GI bill provisions in this legislation. Changes have
been made to try and address the transferability of benefits. These
changes also attempt to deal with the concern the Department of Defense
raised about the retention of our servicemembers by requiring extended
service for extended transferable benefits. It does not fully address
the concerns, but it is a step forward.
Congressional leaders have sat down with the administration and
developed a bill that President Bush can sign.
I recently had the opportunity to address Wyoming's American Legion
convention in Riverton, WY. They support improvements in the GI bill
but never want to see any veterans, from World War II to our current
operation, be used for gotcha politics. I think they will be pleased
that changes and improvements were made.
This isn't a perfect bill. There is still some overspending on non-
military matters. The bill was force fed through the process.
Amendments that could improve the bill further were shunned by the
majority leadership.
The fact remains, however, that we need to fund our troops. We need
to provide our men and women in uniform with the best possible
equipment and the funding they need to do their job fighting the wars
in Iraq and Afghanistan. We have a responsibility to make this happen
in an expeditious manner. Sending this legislation to President Bush is
the only way that will happen and so I will support the supplemental
bill.
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to the motion to concur.
Mr. COCHRAN. Mr. President, I ask for the yeas and nays on the motion
to concur.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Kennedy) is necessarily absent.
Mr. KYL. The following Senator is necessarily. absent: the Senator
from Arizona (Mr. McCain).
The result was announced--yeas 92, nays 6, as follows:

[[Page S6267]]

[Rollcall Vote No. 162 Leg.]

YEAS--92

Akaka
Alexander
Barrasso
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Crapo
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden

NAYS--6

Allard
Coburn
Craig
DeMint
Kyl
Voinovich

NOT VOTING--2

Kennedy
McCain

The motion was agreed to.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is made and laid upon the table.
The Senator from Florida is recognized.

____________________