[Congressional Record Volume 155, Number 74 (Thursday, May 14, 2009)]
[House]
[Pages H5607-H5632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SUPPLEMENTAL APPROPRIATIONS ACT, 2009

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 434, I call up 
the bill (H.R. 2346) making supplemental appropriations for the fiscal 
year ending September 30, 2009, and for other purposes, and ask for its 
immediate consideration.

[[Page H5608]]

  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 434, the 
amendment printed in House Report 111-107 is adopted, and the bill, as 
amended, is considered read.
  The text of H.R. 2346, as amended pursuant to House Resolution 434, 
is as follows:

                               H.R. 2346

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2009, and for other purposes, namely:

                        TITLE I--DEFENSE MATTERS

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $10,924,641,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,716,827,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,577,850,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,783,208,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $381,155,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $39,478,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $29,179,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $16,943,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,373,273,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $101,360,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $14,024,703,000.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,367,959,000: Provided, That up to $129,503,000 may 
     be transferred to the Coast Guard ``Operating Expenses'' 
     account.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,084,081,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $6,216,729,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $5,353,701,000, of which--
       (1) not to exceed $10,000,000 shall be available for the 
     Combatant Commander Initiative Fund, to be used in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom;
       (2) not to exceed $810,000,000, to remain available until 
     expended, shall be for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support including access provided, or to 
     be provided, to United States military operations in support 
     of Operation Iraqi Freedom and Operation Enduring Freedom, 
     notwithstanding any other provision of law: Provided, That 
     such reimbursement payments may be made, at the discretion of 
     the Secretary of Defense, in such amounts as the Secretary of 
     Defense, with the concurrence of the Secretary of State, and 
     in consultation with the Director of the Office of Management 
     and Budget, may determine, based on documentation determined 
     by the Secretary of Defense to adequately account for the 
     support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That these funds 
     may be used for the purpose of providing specialized training 
     and procuring supplies and specialized equipment and 
     providing such supplies and loaning such equipment on a non-
     reimbursable basis to friendly foreign forces supporting 
     United States military operations in Iraq and Afghanistan;
       (3) not to exceed $10,000,000 shall be available for 
     emergencies and extraordinary expenses: Provided, That the 
     Secretary of Defense shall certify that such payments are 
     necessary for confidential military purposes; and
       (4) not to exceed $350,000,000, to remain available until 
     September 30, 2010, shall be for counternarcotics and other 
     activities including assistance to other Federal agencies, on 
     the United States border with Mexico: Provided, That the 
     Secretary of Defense may transfer these funds to 
     appropriations for military personnel, operation and 
     maintenance, and procurement to be available for the same 
     purposes as the appropriation or fund to which transferred: 
     Provided further, That the Secretary of Defense may transfer 
     up to $100,000,000 of this amount to any other Federal 
     appropriations accounts, with the concurrence of the head of 
     the relevant Federal department or agency for border-related 
     activities: Provided further, That the funds transferred 
     shall be merged with and be available for the same purposes 
     and the same time period, as the appropriation to which 
     transferred: Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the Department of Defense: Provided further, That upon a 
     determination that all or part of the funds so transferred 
     from this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation, to be merged with and made available for the 
     same purposes and for the time period provided under this 
     heading.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $101,317,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $24,318,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $30,775,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $34,599,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $178,446,000.

                           Iraq Freedom Fund

                     (including transfer of funds)

       For an additional amount for the ``Iraq Freedom Fund'', 
     $365,000,000, to remain available to the Secretary of Defense 
     for transfer until September 30, 2010, of which--
       (1) not to exceed $350,000,000 shall be available for rapid 
     response to unforeseen, immediate warfighter needs for Iraq, 
     Afghanistan, and other geographic areas in which combat or 
     direct combat support operations for Iraq and Afghanistan 
     occur in order to minimize casualties and ensure mission 
     success for Operation Iraqi Freedom and Operation Enduring 
     Freedom: Provided, That these funds are available for 
     transfer to any other appropriations accounts of the 
     Department of Defense to accomplish the purposes provided 
     herein: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation:  
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the Department 
     of Defense; and
       (2) not to exceed $15,000,000 shall be available to the 
     Secretary of Defense to transport the remains of 
     servicemembers killed in combat operations: Provided, That 
     these funds are available for transfer to any other 
     appropriations accounts of the Department of Defense to 
     accomplish the purposes provided herein: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation:  Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the Department of Defense.

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $3,606,939,000, to remain available until 
     September 30, 2010:  Provided, That the Secretary of Defense 
     shall, not fewer than 15 days prior to making any obligation 
     or transfer from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     the proposed obligation or transfer.

                    Pakistan Counterinsurgency Fund

                     (including transfer of funds)

       For the ``Pakistan Counterinsurgency Fund'', hereby 
     established in the Treasury of the United States, 
     $400,000,000, to remain available until September 30, 2010: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, with the concurrence of the Secretary of State, 
     notwithstanding any other provision of law, to provide 
     assistance to the security forces of Pakistan (including the 
     provision of equipment, supplies, services, training, 
     facility and infrastructure repair, renovation, and 
     construction) to improve the counterinsurgency capability of 
     Pakistan's security forces, and, on an exceptional basis, 
     irregular security forces: Provided further, That the 
     authority to provide assistance under this provision is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That the Secretary of 
     Defense may transfer such amounts as the Secretary may 
     determine from the funds provided herein to any 
     appropriations available to the Department of Defense or, 
     with the concurrence of the Secretary of State and head of 
     the relevant Federal department or agency, to any other non-

[[Page H5609]]

     intelligence related Federal account to accomplish the 
     purposes provided herein: Provided further, That funds so 
     transferred shall be merged with and be available for the 
     same purposes and for the same time period as the 
     appropriation or fund to which transferred: Provided further, 
     That upon determination by the Secretary of Defense or head 
     of other Federal department or agency, with the concurrence 
     of the Secretary of State, that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes herein, such amounts may be transferred by the head 
     of the relevant Federal department or agency back to this 
     appropriation and shall be available for the same purposes 
     and for the same time period as originally appropriated: 
     Provided further, That the authority of the Secretary of 
     Defense to obligate or transfer funds pursuant to this 
     paragraph shall apply only to the funds appropriated for such 
     purposes in this Act, and such authority shall not be 
     continued beyond the expiration date specified in the matter 
     preceding the first proviso: Provided further, That funds may 
     not be obligated or transferred from the ``Pakistan 
     Counterinsurgency Fund'' until 15 days after the date on 
     which the Secretary of Defense notifies the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, and the congressional defense and foreign affairs 
     committees, in writing of the details of the proposed 
     obligation or transfer.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $1,285,304,000, to remain available until September 
     30, 2011.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $677,141,000, to remain available until September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $2,233,871,000, to remain 
     available until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $230,075,000, to remain available until September 30, 
     2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $8,039,349,000, to remain available until September 30, 2011.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $691,924,000, to remain available until September 30, 
     2011.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $31,698,000, to remain available until September 30, 2011.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $348,919,000, to remain available 
     until September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $172,095,000, to remain available until September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,509,986,000, to remain available until September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $5,138,268,000, to remain available until September 
     30, 2011.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $57,416,000, to remain available until September 30, 
     2011.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $183,684,000, to remain available until 
     September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,745,761,000, to remain available until September 
     30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $200,068,000, to remain available until September 30, 2011.

                  National Guard and Reserve Equipment

       For an additional amount for procurement of high priority 
     items of equipment that may be used by reserve component 
     units for both its combat mission and the units' mission in 
     support of the State governors, $500,000,000, to remain 
     available for obligation until September 30, 2011: Provided, 
     That the Chiefs of the National Guard and of the Reserve 
     components shall, not later than 60 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees a listing of items of equipment to be procured for 
     their respective National Guard or Reserve component.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $73,734,000, to remain available 
     until September 30, 2010.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $96,231,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $92,574,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $459,391,000, to remain 
     available until September 30, 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $846,726,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,097,297,000, of which $845,508,000, to remain available 
     until September 30, 2009, is for operation and maintenance; 
     of which $50,185,000, to remain available until September 30, 
     2011, is for procurement; and of which $201,604,000, to 
     remain available until September 30, 2010, is for research, 
     development, test and evaluation.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $137,198,000, to remain 
     available until expended.

             Joint Improvised Explosive Device Defeat Fund

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $1,316,746,000, to remain available 
     until September 30, 2011.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For an additional amount for the ``Mine Resistant Ambush 
     Protected Vehicle Fund'', $4,843,000,000, to remain available 
     until September 30, 2010: Provided, That such funds shall be 
     available to the Secretary of Defense, notwithstanding any 
     other provision of law, to procure, sustain, transport, and 
     field Mine Resistant Ambush Protected vehicles: Provided 
     further, That the Secretary shall transfer such funds only to 
     appropriations for operation and maintenance; procurement; 
     research, development, test and evaluation; and defense 
     working capital funds to accomplish the purposes provided 
     herein: Provided further, That this transfer authority is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon 
     determination that all or part of the funds so transferred 
     from this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That the Secretary shall, 
     not fewer than 15 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $9,551,000.

                     GENERAL PROVISIONS, THIS TITLE

       Sec. 10001.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2009.

                     (including transfer of funds)

       Sec. 10002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $2,000,000,000 of the funds made available to the 
     Department of Defense in this title: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of the 
     Department of Defense Appropriations Act, 2009 (division C of 
     Public Law 110-329) except for the fourth proviso.
       Sec. 10003.  Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                     (including transfer of funds)

       Sec. 10004.  During fiscal year 2009 and from funds in the 
     Defense Cooperation Account, as established by 10 U.S.C. 
     2608, the Secretary of Defense may transfer up to $6,500,000 
     to such appropriations or funds of the Department of Defense 
     as the Secretary shall determine for use consistent with the 
     purposes for which such funds were contributed and accepted: 
     Provided, That such amounts shall be available for the same 
     time period as the appropriation to which transferred: 
     Provided further, That the Secretary shall report to the 
     Congress all transfers made pursuant to this authority.

[[Page H5610]]

       Sec. 10005.  Supervision and administration costs 
     associated with a construction project funded with 
     appropriations available for operation and maintenance, 
     ``Afghanistan Security Forces Fund'' or ``Iraq Security 
     Forces Fund'' provided in this title, and executed in direct 
     support of the overseas contingency operations only in Iraq 
     and Afghanistan, may be obligated at the time a construction 
     contract is awarded: Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.

                        (including rescissions)

       Sec. 10006. (a)(1) Of the funds appropriated in chapter 2 
     of title IX of Public Law 110-252 under the heading, ``Iraq 
     Security Forces Fund'', $1,000,000,000 is rescinded.
       (2) For an additional amount for ``Iraq Security Forces 
     Fund'', $1,000,000,000, to remain available until September 
     30, 2010: Provided, That funds may not be obligated or 
     transferred from this fund until 15 days after the date on 
     which the Secretary of Defense notifies the congressional 
     defense committees in writing of the details of the proposed 
     obligation or transfer.
       (b)(1) Of the funds appropriated in chapter 2 of title IX 
     of Public Law 110-252 under the heading, ``Afghanistan 
     Security Forces Fund'', $125,000,000 is rescinded.
       (2) For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $125,000,000, to remain available until 
     September 30, 2010.
       Sec. 10007.  Funds made available in this Act to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000: Provided, That upon determination by the 
     Secretary of Defense that such action is necessary to meet 
     the operational requirements of a Commander of a Combatant 
     Command engaged in contingency operations overseas, such 
     funds may be used to purchase items having an investment item 
     unit cost of not more than $500,000: Provided further, That 
     the Secretary shall report to the Congress all purchases made 
     pursuant to this authority within 30 days of using the 
     authority.
       Sec. 10008. (a) Beginning in fiscal year 2009, during any 
     year in which funds are authorized to be appropriated to 
     carry out the Commander's Emergency Response Program, the 
     Secretary of Defense may accept contributions of funds from 
     any person, foreign government, or international organization 
     to carry out the Commander's Emergency Response Program in 
     Iraq or Afghanistan.
       (b) Funds contributed pursuant to subsection (a) shall be 
     credited to ``Operation and Maintenance, Army''.
       (c) Funds contributed pursuant to subsection (a) shall 
     become available during each year in which funds authorized 
     to be appropriated have been appropriated.
       Sec. 10009. (a) Until September 30, 2009, the Secretary of 
     Defense may enter into an agreement with the head of an 
     executive department or agency that has established 
     internship programs to reimburse that department or agency 
     for the costs associated with the first year of employment of 
     eligible military spouses into positions under the internship 
     program.
       (b) The Secretary may provide such reimbursement to the 
     department or agency, from funds otherwise made available for 
     ``Operation and Maintenance, Defense-Wide'', including the 
     costs of the salary, benefits and allowances, and training of 
     the military spouse for the first year of employment, for 
     eligible military spouses beginning their internship by 
     September 30, 2009.
       (c) In this section:
       (1) The term ``eligible military spouse'' means any person 
     married to a member of the Armed Forces on active duty at the 
     time of appointment, other than a person who--
       (A) is legally separated from a member of the Armed Forces 
     under court order or statute of any State or possession of 
     the United States;
       (B) is also a member of the Armed Forces on active duty; or
       (C) is a retired member of the Armed Forces.
       (2) The term ``internship'' means a professional, 
     analytical, or administrative position in the Federal 
     Government that operates under a developmental program 
     leading to career advancement.

                     (including transfer of funds)

       Sec. 10010.  Notwithstanding any other provision of law, of 
     the funds appropriated in this title for ``Operation and 
     Maintenance, Defense-Wide'', the Secretary of Defense may 
     transfer up to $30,000,000 to the Department of State 
     ``Assistance for Europe, Eurasia and Central Asia'' account, 
     with the concurrence of the Secretary of State, to provide a 
     long-range air traffic control and safety system to support 
     air operations in the Kyrgyz Republic, including Manas 
     International Airport and Air Base: Provided, That funds 
     transferred under this section shall remain available until 
     expended.
       Sec. 10011.  From funds made available in this title, the 
     Secretary of Defense may purchase motor vehicles for use by 
     military and civilian employees of the Department of Defense 
     in Iraq and Afghanistan, up to a limit of $75,000 per 
     vehicle, notwithstanding other limitations applicable to 
     passenger carrying motor vehicles.

                             (rescissions)

       Sec. 10012. (a) Of the funds appropriated in the Department 
     of Defense Appropriations Act, 2009 (division C of Public Law 
     110-329), the following amounts are rescinded from the 
     following accounts in the amounts specified: ``Operation and 
     Maintenance, Army'', $352,359,000; ``Operation and 
     Maintenance, Navy'', $881,481,000; ``Operation and 
     Maintenance, Marine Corps'', $54,466,000; ``Operation and 
     Maintenance, Air Force'', $925,203,000; ``Operation and 
     Maintenance, Defense-Wide'', $81,135,000; ``Operation and 
     Maintenance, Army Reserve'', $23,338,000; ``Operation and 
     Maintenance, Navy Reserve'', $62,910,000; ``Operation and 
     Maintenance, Marine Corps Reserve'', $1,250,000; ``Operation 
     and Maintenance, Air Force Reserve'', $163,786,000; 
     ``Operation and Maintenance, Army National Guard'', 
     $57,819,000; ``Operation and Maintenance, Air National 
     Guard'', $250,645,000; ``Research, Development, Test and 
     Evaluation, Navy'', $30,510,000; and ``Research, Development, 
     Test and Evaluation, Air Force'', $15,098,000.
       (b)(1) Of the funds appropriated in the Department of 
     Defense Appropriations Act, 2008 (division A of Public Law 
     110-116) under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $5,000,000 is rescinded.
       (2) Of the funds appropriated in the Department of Defense 
     Appropriations Act, 2009 (division C of Public Law 110-329) 
     under the heading ``Operation and Maintenance, Defense-
     Wide'', $5,000,000 is rescinded.
       (c) Of the funds appropriated in the Department of Defense 
     Appropriations Act, 2009 (division C of Public Law 110-329) 
     under the heading ``Research, Development, Test and 
     Evaluation, Air Force'', $100,000,000 is rescinded.

                     (including transfer of funds)

       Sec. 10013.  Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfers of funds: 
     Provided, That the amounts transferred shall be made 
     available for the same purpose as the appropriations to which 
     transferred, and for the same time period as the 
     appropriation from which transferred: Provided further, That 
     the funds shall be transferred between the following 
     appropriations in the amounts specified:
       To:
       ``Military Personnel, Army, 2009'', $100,600,000; ``Reserve 
     Personnel, Army, 2009'', $41,000,000; and ``National Guard 
     Personnel, Army, 2009'', $9,000,000.
       From:
       Funds appropriated in the Department of Defense 
     Appropriations Act, 2009 (division C of Public Law 110-329) 
     under the heading ``Aircraft Procurement, Army, 2009/2011'', 
     $22,600,000; and under the heading ``Procurement of 
     Ammunition, Army, 2009/2011'', $107,100,000.
       From:
       Funds appropriated in the Department of Defense 
     Appropriations Act, 2008 (division A of Public Law 110-116) 
     under the heading ``Other Procurement, Army, 2008/2010'', 
     $20,900,000.

                             (rescissions)

       Sec. 10014.  Of the funds appropriated in the Department of 
     Defense Appropriations Act, 2009 (division C of Public Law 
     110-329), under the heading ``Operation and Maintenance, 
     Defense-Wide'', $181,500,000 is rescinded.

                     (including transfer of funds)

       Sec. 10015. (a) Retroactive Payment of Stop-Loss Special 
     Pay.--In addition to the amounts appropriated or otherwise 
     made available elsewhere in this Act, $734,400,000 is 
     appropriated to the Department of Defense, to remain 
     available for obligation until expended. Provided, That such 
     funds shall be available to the Secretaries of the military 
     departments only to make the payment specified in subsection 
     (b) to members of the Armed Forces, including members of the 
     reserve components, and former and retired members under the 
     jurisdiction of the Secretary who, at any time during the 
     period beginning on September 11, 2001, and ending on 
     September 30, 2009, served on active duty while the members' 
     enlistment or period of obligated service was extended, or 
     whose eligibility for retirement was suspended, pursuant to 
     section 123 or 12305 of title 10, United States Code, or any 
     other provision of law (commonly referred to as a ``stop-loss 
     authority'') authorizing the President to extend an 
     enlistment or period of obligated service, or suspend an 
     eligibility for retirement, of a member of the uniformed 
     services in time of war or of national emergency declared by 
     Congress or the President.
       (b) Payment Amount.--The amount to be paid under subsection 
     (a) to or on behalf of an eligible member, retired member, or 
     former member described in such subsection shall be $500 per 
     month for each month or portion of a month during the period 
     specified in such subsection that the member was retained on 
     active duty as a result of application of the stop-loss 
     authority.
       (c) Treatment of Deceased Members.--If an eligible member, 
     retired member, or former member described in subsection (a) 
     dies before the payment required by this section is made, the 
     Secretary concerned shall make the payment to the designated 
     representative or estate of the member.
       (d) Exclusion of Certain Former Members.--A former member 
     of the Armed Forces is not eligible for a payment under this 
     section if the former member was discharged or released from 
     the Armed Forces under other than honorable conditions.
       (e) Relation to Other Stop-Loss Special Pay.--A member, 
     retired member, or former member may not receive a payment 
     under this section and stop-loss special pay under section 
     8116 of the Department of Defense Appropriations Act, 2009 
     (division C of Public Law 110-329; 122 Stat. 3646) for the 
     same

[[Page H5611]]

     month or portion of a month during which the member was 
     retained on active duty as a result of application of the 
     stop-loss authority.
       Sec. 10016. (a) Section 132 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1392) is repealed.
       (b) Notwithstanding any other provision of law, the 
     Secretary of the Air Force may retire C-5A aircraft from the 
     inventory of the Air Force 15 days after certifying to the 
     congressional defense committees that retiring the aircraft 
     will not significantly increase operational risk of not 
     meeting the National Defense Strategy, provided that such 
     retirements may not reduce total strategic airlift force 
     structure inventory below the 292 strategic airlift aircraft 
     level identified in the Mobility Capability Study 2005 (MCS-
     05) unless otherwise addressed in the fiscal year 2010 
     National Defense Authorization Act.
       Sec. 10017.  None of the funds appropriated or otherwise 
     made available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).
       Sec. 10018.  None of the funds provided in this title may 
     be used to finance programs or activities denied by Congress 
     in fiscal years 2008 or 2009 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 10019.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       Sec. 10020.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for the purpose of 
     establishing any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 10021. (a) Report on Iraq Troop Drawdown Status, 
     Goals, and Timetable.--In recognition and support of the 
     policy of President Barack Obama to withdraw all United 
     States combat brigades from Iraq by August 31, 2010, and all 
     United States military forces from Iraq on December 31, 2011, 
     Congress directs the Secretary of Defense (in consultation 
     with other members of the National Security Council) to 
     prepare a report that identifies troop drawdown status and 
     goals and includes--
       (1) a detailed, month-by-month description of the 
     transition of United States military forces and equipment out 
     of Iraq; and
       (2) a detailed, month-by-month description of the 
     transition of United States contractors out of Iraq.
       (b) Elements of Report.--At a minimum, the Secretary of 
     Defense shall address the following:
       (1) How the Government of Iraq is assuming the 
     responsibility for reconciliation initiatives as the mission 
     of the United States Armed Forces transitions.
       (2) How the drawdown of military forces complies with the 
     President's planned withdrawal of combat brigades by August 
     31, 2010, and all United States forces by December 31, 2011.
       (3) The roles and responsibilities of remaining contractors 
     in Iraq as the United States mission evolves, including the 
     anticipated number of United States contractors to remain in 
     Iraq after August 31, 2010, and December 31, 2011.
       (c) Submission.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter through 
     September 30, 2010, the Secretary of Defense shall submit the 
     report required by subsection (a) and a classified annex to 
     the report, as necessary.

 TITLE II--MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

       For an additional amount for ``Public Law 480 Title II 
     Grants'', $500,000,000, to remain available until expended.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 20101.  Amounts appropriated by section 101(a) of 
     title I of division B of Public Law 109-148 (119 Stat. 2747) 
     and unobligated as of the date of the enactment of this Act 
     shall be available to the Secretary of Agriculture, until 
     expended, to provide assistance under the emergency 
     conservation program established under title IV of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) for 
     expenses related to recovery efforts in response to natural 
     disasters.
       Sec. 20102. (a)(1) For an additional amount for gross 
     obligations for the principal amount of direct and guaranteed 
     farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
     U.S.C. 1941 et seq.) loans, to be available from funds in the 
     Agricultural Credit Insurance Fund, as follows: direct farm 
     ownership loans, $360,000,000; direct operating loans, 
     $400,000,000; and unsubsidized guaranteed operating loans, 
     $50,201,000.
       (2) For an additional amount for the cost of direct and 
     guaranteed loans, including the cost of modifying loans as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as follows: direct farm ownership loans, $22,860,000; 
     direct operating loans, $47,160,000; and unsubsidized 
     guaranteed operating loans, $1,250,000.
       (b) Of the unobligated balances available and provided in 
     prior year appropriations acts for discretionary programs in 
     the Rural Development mission area, $71,270,000 is hereby 
     rescinded.

                    CHAPTER 2--COMMERCE AND JUSTICE

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses'', 
     $1,648,000, to remain available until September 30, 2010.

             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until September 30, 2010.

                       National Security Division

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,389,000, to remain available until September 30, 2010.

          Bureau of Alcohol, Tobacco, Firearms, and Explosives

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2010.

                         Federal Prison System

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,038,000, to remain available until September 30, 2010.

                    GENERAL PROVISION, THIS CHAPTER

                         (including rescission)

       Sec. 20201. (a) Of the funds appropriated in chapter 2 of 
     title I of Public Law 110-252 under the heading ``Office of 
     Inspector General'', $3,000,000 is rescinded.
       (b) For an additional amount for ``Office of Inspector 
     General'', $3,000,000, to remain available until September 
     30, 2010.

                           CHAPTER 3--ENERGY

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                      strategic petroleum reserve

                          (transfer of funds)

       For an additional amount for ``Strategic Petroleum 
     Reserve'', $21,585,723, to remain available until expended, 
     to be derived by transfer from the ``SPR Petroleum Account'' 
     for site maintenance activities.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                    defense nuclear nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'', $55,000,000, to remain available until 
     expended.

                     CHAPTER 4--GENERAL GOVERNMENT

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                       National Security Council

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,936,000, of which $800,000 shall remain available until 
     expended and $2,136,000 shall remain available until 
     September 30, 2010.

                      CHAPTER 5--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                     firefighter assistance grants

       For grants awarded under section 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229a) in 
     fiscal years 2009 and 2010, the Administrator of the United 
     States Fire Administration may waive the requirements of 
     subsection (a)(1)(B) and subsection (c) of such section and 
     may award grants for the hiring, rehiring, or retention of 
     firefighters.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 20501.  Notwithstanding sections 12112, 55102, and 
     55103 of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating shall issue 
     a certificate of documentation with appropriate endorsement 
     for engaging in the coastwise trade for the drydock ALABAMA 
     (United States official number 641504).
       Sec. 20502.  Notwithstanding sections 55101, 55103, and 
     12112 of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating may issue a 
     certificate of documentation with a coastwise endorsement for 
     the vessel MARYLAND INDEPENDENCE (official number 662573). 
     The coastwise endorsement issued under authority of this 
     section is terminated if--
       (1) the vessel, or controlling interest in the person that 
     owns the vessel, is conveyed after the date of enactment of 
     this Act; or
       (2) any repairs or alterations are made to the vessel 
     outside of the United States.

                  CHAPTER 6--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                     (including transfer of funds)

       For an additional amount to cover necessary expenses for 
     wildfire suppression and

[[Page H5612]]

     emergency rehabilitation activities of the Department of the 
     Interior, $50,000,000, to remain available until expended: 
     Provided, That such funds shall only become available if 
     funds provided previously for wildland fire suppression will 
     be exhausted imminently and after the Secretary of the 
     Interior notifies the Committees on Appropriations of the 
     House of Representatives and the Senate in writing of the 
     need for these additional funds: Provided further, That the 
     Secretary of the Interior may transfer any of these funds to 
     the Secretary of Agriculture if the transfer enhances the 
     efficiency or effectiveness of Federal wildland fire 
     suppression activities.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

       For an additional amount to cover necessary expenses for 
     wildfire suppression and emergency rehabilitation activities 
     of the Forest Service, $200,000,000, to remain available 
     until expended: Provided, That such funds shall only become 
     available if funds provided previously for wildland fire 
     suppression will be exhausted imminently and after the 
     Secretary of Agriculture notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing of the need for these additional funds: Provided 
     further, That the Secretary of Agriculture may transfer not 
     more than $50,000,000 of these funds to the Secretary of the 
     Interior if the transfer enhances the efficiency or 
     effectiveness of Federal wildland fire suppression 
     activities.

                  CHAPTER 7--HEALTH AND HUMAN SERVICES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic, including the development and purchase of 
     vaccine, antivirals, necessary medical supplies, diagnostics, 
     and other surveillance tools and to assist international 
     efforts and respond to international needs relating to the 
     2009-H1N1 influenza outbreak, $1,850,000,000, to remain 
     available until expended: Provided, That no less than 
     $350,000,000 shall be for upgrading State and local capacity: 
     Provided further, That no less than $200,000,000 shall be 
     transferred to the Centers for Disease Control and Prevention 
     to carry out global and domestic disease surveillance, 
     laboratory capacity and research, laboratory diagnostics, 
     risk communication, rapid response, and quarantine: Provided 
     further, That products purchased with these funds may, at the 
     discretion of the Secretary of Health and Human Services 
     (``Secretary''), be deposited in the Strategic National 
     Stockpile under section 319F-2 of the Public Health Service 
     Act: Provided further, That notwithstanding section 496(b) of 
     the Public Health Service Act, funds may be used for the 
     construction or renovation of privately owned facilities for 
     the production of pandemic influenza vaccine and other 
     biologics, where the Secretary finds such a contract 
     necessary to secure sufficient supplies of such vaccines or 
     biologics: Provided further, That funds appropriated under 
     this heading and not specifically designated under this 
     heading may be transferred to, and merged with, other 
     appropriation accounts of the Department of Health and Human 
     Services and other Federal agencies, as determined by the 
     Secretary to be appropriate, to be used for the purposes 
     specified under this heading and to the fund authorized by 
     section 319F-4 of the Public Health Service Act: Provided 
     further, That transfers to other Federal agencies shall be 
     made in consultation with the Director of the Office of 
     Management and Budget: Provided further, That prior to 
     transferring any funds under this heading, the Secretary 
     shall notify the Committees on Appropriations of the House of 
     Representatives and the Senate of any such transfer and the 
     planned uses of the funds: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority available in this or any 
     other Act.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 20701.  Title II of division F of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8) is amended under 
     the heading ``Children and Families Services Programs''--
       (1) by striking the first proviso in its entirety; and
       (2) by striking ``Provided further'' the first place it 
     appears and inserting ``Provided''.

                     CHAPTER 8--LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            general expenses

       For an additional amount for ``General Expenses'', 
     $71,606,000, to purchase and install a new radio system for 
     the Capitol Police to remain available until September 30, 
     2012: Provided, That $6,500,000 of these funds shall be 
     designated as ``contingency'' and shall only be available for 
     obligation upon approval of the Committees on Appropriations 
     of the House of Representatives and the Senate: Provided 
     further, That the Chief of the Capitol Police may not 
     obligate any of the funds appropriated under this heading 
     without approval of an obligation plan by the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                    CHAPTER 9--MILITARY CONSTRUCTION

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

                         (including rescission)

       For an additional amount for ``Military Construction, 
     Army'', $1,407,231,000, of which $810,850,000 shall remain 
     available until September 30, 2010, and of which $596,381,000 
     for child development centers, warrior in transition 
     facilities, and planning and design shall remain available 
     until September 30, 2013: Provided, That notwithstanding any 
     other provision of law, such funds may be obligated and 
     expended to carry out planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That of the funds provided under this 
     heading, not to exceed $68,081,000 shall be available for 
     study, planning, design, and architect and engineer services: 
     Provided further, That of the funds appropriated for 
     ``Military Construction, Army'' under Public Law 110-252, 
     $142,500,000 is rescinded.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $235,881,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That of the funds provided under this heading, not to exceed 
     $11,000,000 shall be available for study, planning, design, 
     and architect and engineer services.

                    Military Construction, Air Force

                         (including rescission)

       For an additional amount for ``Military Construction, Air 
     Force'', $279,120,000, of which $255,650,000 shall remain 
     available until September 30, 2010, and of which $23,470,000 
     for child development centers and planning and design shall 
     remain available until September 30, 2013: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law: Provided further, That of the funds provided under this 
     heading, not to exceed $12,070,000 shall be available for 
     study, planning, design, and architect and engineer services: 
     Provided further, That of the funds appropriated for 
     ``Military Construction, Air Force'' under Public Law 110-
     252, $30,000,000 is rescinded.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $1,086,968,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That of the amount provided under this 
     heading, $30,000,000 shall be for the planning and design of 
     a National Security Agency data center and $1,056,968,000 
     shall be for the construction of hospitals: Provided further, 
     That not later than 30 days after the enactment of this Act, 
     the Secretary of Defense shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for the funds provided for hospital construction under this 
     heading.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For an additional amount for ``North Atlantic Treaty 
     Organization Security Investment Program'', $100,000,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $263,300,000, to remain available until expended: 
     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law.

      CHAPTER 10--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $1,016,215,000, to remain available until 
     September 30, 2010, of which $403,983,000 is for worldwide 
     security protection and shall remain available until 
     expended: Provided, That the Secretary of State may transfer 
     up to $157,600,000 of the total funds made available under 
     this heading to any other appropriation of any department or 
     agency of the United States, upon the concurrence of the head 
     of such department or agency, to support operations in and 
     assistance for Afghanistan and to carry out the provisions of 
     the Foreign Assistance Act of 1961: Provided further, That up 
     to $10,900,000 of the funds made available under this heading 
     for public diplomacy activities should be

[[Page H5613]]

     transferred to, and merged with, funds made available for 
     ``International Broadcasting Operations'' for broadcasting 
     activities to the Pakistan-Afghanistan Border Region.

                      office of inspector general

                     (including transfer of funds)

       For an additional amount for ``Office of Inspector 
     General'', $17,123,000, to remain available until September 
     30, 2010, of which $7,201,000 shall be transferred to the 
     Special Inspector General for Afghanistan Reconstruction for 
     reconstruction oversight: Provided, That the Special 
     Inspector General for Afghanistan Reconstruction may exercise 
     the authorities of subsections (b) through (i) of section 
     3161 of title 5, United States Code (without regard to 
     subsection (a) of such section) for funds made available for 
     fiscal years 2009 and 2010: Provided further, That the 
     Inspector General of the United States Department of State 
     and the Broadcasting Board of Governors, the Special 
     Inspector General for Iraq Reconstruction, the Special 
     Inspector General for Afghanistan Reconstruction, and the 
     Inspector General of the United States Agency for 
     International Development shall coordinate and integrate the 
     programming of funds made available under this heading in 
     fiscal year 2009 for oversight of programs in Afghanistan, 
     Pakistan and Iraq: Provided further, That the Secretary of 
     State shall submit to the Committees on Appropriations of the 
     House of Representatives and the Senate, within 30 days of 
     completion, the annual comprehensive audit plan for the 
     Middle East and South Asia developed by the Southwest Asia 
     Joint Planning Group in accordance with section 842 of Public 
     Law 110-181.

            embassy security, construction, and maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $989,628,000, to remain 
     available until expended, for worldwide security upgrades, 
     acquisition, and construction as authorized: Provided, That 
     funds made available under this heading in this chapter shall 
     be for providing secure diplomatic facilities and housing for 
     United States Mission staff in Afghanistan and Pakistan, and 
     for the deployment of mobile mail screening units.

                      International Organizations

        contributions for international peacekeeping activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $836,900,000, to 
     remain available until September 30, 2010.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $152,600,000, to remain available until September 30, 2010.

                        capital investment fund

       For an additional amount for ``Capital Investment Fund'', 
     $48,500,000, to remain available until expended.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $3,500,000, to remain available until September 
     30, 2010, for oversight of programs in Afghanistan and 
     Pakistan.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

       For an additional amount for ``Global Health and Child 
     Survival'', $300,000,000, to remain available until September 
     30, 2010: Provided, That $200,000,000 shall be made available 
     for pandemic preparedness and response: Provided further, 
     That $100,000,000 shall be made available, notwithstanding 
     any other provision of law, except for the United States 
     Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
     2003 (Public Law 108-25), for a United States contribution to 
     the Global Fund to Fight AIDS, Tuberculosis and Malaria: 
     Provided further, That the amounts made available under this 
     heading in this chapter are in addition to amounts made 
     available for such purpose in the Department of State, 
     Foreign Operations and Related Programs Appropriations Act, 
     2009 (division H of Public Law 111-8): Provided  further, 
     That notwithstanding any other provision of law, to include 
     minimum funding requirements or funding directives, if the 
     President determines and reports to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that the human-to-human transmission of the H1N1 virus is 
     efficient and sustained, and is spreading internationally, 
     funds made available under the headings ``Global Health and 
     Child Survival'', ``Development Assistance'', ``Economic 
     Support Fund'', and ``Millennium Challenge Corporation'' in 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs may be made 
     available to combat the H1N1 virus: Provided further, That 
     funds made available pursuant to the authority of the 
     previous proviso shall be subject to prior consultation with, 
     and the regular notification procedures of, the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                   international disaster assistance

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

                         economic support fund

                     (including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $2,907,500,000, to remain available until September 30, 2010, 
     of which up to $529,500,000 is for assistance for Pakistan: 
     Provided, That of the funds made available under this 
     heading, not less than $70,000,000 shall be made available 
     for the National Solidarity Program in Afghanistan: Provided 
     further, That of the funds made available under this heading, 
     not more than $556,000,000 may be made available for 
     assistance for the West Bank and Gaza, of which not to exceed 
     $5,000,000 may be used for administrative expenses of the 
     United States Agency for International Development, in 
     addition to funds otherwise available for such purposes, to 
     carry out programs in the West Bank and Gaza, and of which 
     $2,000,000 shall be transferred, and merged with, funds 
     available under the heading ``United States Agency for 
     International Development, Funds Appropriated to the 
     President, Office of Inspector General'' to conduct oversight 
     of programs in the West Bank and Gaza: Provided further, That 
     of the amounts made available for assistance for the West 
     Bank and Gaza, not more than $200,000,000 may be made 
     available for cash transfer assistance to the Palestinian 
     Authority: Provided further, That none of the funds made 
     available under this heading for cash transfer assistance to 
     the Palestinian Authority may be obligated for salaries of 
     personnel of the Palestinian Authority located in Gaza: 
     Provided further, That up to $10,000,000 of the funds made 
     available under this heading may be made available for 
     disaster assistance in Burma only for humanitarian assistance 
     to Burmese affected by Cyclone Nargis, notwithstanding any 
     other provision of law: Provided further, That of the funds 
     made available under this heading, up to $300,000,000 may be 
     made available for assistance for developing countries 
     impacted by the global financial crisis, including Haiti, 
     Liberia, and Indonesia.

            assistance for europe, eurasia and central asia

       For an additional amount for ``Assistance for Europe, 
     Eurasia and Central Asia'', $242,500,000, to remain available 
     until September 30, 2010, shall be available for assistance 
     for Georgia: Provided, That funds appropriated under this 
     heading shall be subject to prior consultations with, and the 
     regular notification procedures of, the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                          Department of State

          international narcotics control and law enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $483,500,000, to remain 
     available until September 30, 2010: Provided, That not less 
     than $160,000,000 shall be made available for assistance for 
     Mexico to combat drug trafficking and related violence and 
     organized crime, and for judicial reform, institution 
     building, anti-corruption, and rule of law activities, and 
     shall be immediately available notwithstanding section 
     7045(e) of the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2009 (division H of 
     Public Law 111-8): Provided further, That funds made 
     available pursuant to the previous proviso shall be made 
     available subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations 
     of the House of Representatives and the Senate, except that 
     notifications shall be transmitted at least 5 days in advance 
     of the obligation of any funds appropriated under this 
     heading: Provided further, That of the funds appropriated 
     under this heading, not more than $106,000,000 shall be made 
     available for security assistance for the West Bank: Provided 
     further, That not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, in classified form if 
     necessary, on the use of assistance provided by the United 
     States for the training of Palestinian security forces, 
     including detailed descriptions of the training, curriculum, 
     and equipment provided; and an assessment of the training and 
     the performance of forces after training has been completed.

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $98,500,000, to 
     remain available until September 30, 2010, of which up to 
     $73,500,000 may be made available for the Nonproliferation 
     and Disarmament Fund, notwithstanding any other provision of 
     law, to promote bilateral and multilateral activities 
     relating to nonproliferation, disarmament and weapons 
     destruction, and shall remain available until expended: 
     Provided, That funds made available for the Nonproliferation 
     and Disarmament Fund shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $343,000,000, to remain available until 
     expended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

       For an additional amount for ``Peacekeeping Operations'', 
     $80,000,000, to remain available until September 30, 2010.

[[Page H5614]]

             international military education and training

       For an additional amount for ``International Military 
     Education and Training'', $2,000,000, to remain available 
     until September 30, 2010.

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $1,349,000,000, to remain available until 
     September 30, 2010: Provided, That not less than $310,000,000 
     shall be made available for assistance for Mexico and shall 
     be immediately available notwithstanding section 7045(e) of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2009 (division H of Public Law 
     111-8): Provided further, That funds made available pursuant 
     to the previous proviso shall be available notwithstanding 
     section 36(b) of the Arms Export Control Act: Provided 
     further, That of the funds appropriated under this heading 
     not less than $150,000,000 shall be available for Jordan: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $555,000,000, shall be available for 
     grants only for Israel and shall be disbursed within 30 days 
     of the enactment of this Act: Provided further, That to the 
     extent that the Government of Israel requests that funds be 
     used for such purposes, grants made available for Israel by 
     this paragraph shall, as agreed by the United States and 
     Israel, be available for advanced weapons systems, of which 
     $145,965,000 shall be available for the procurement in Israel 
     of defense articles and defense services, including research 
     and development: Provided further, That of the funds 
     appropriated under this heading, not less than $260,000,000 
     shall be made available for grants only for Egypt, including 
     for border security programs and activities in the Sinai: 
     Provided further, That funds appropriated pursuant to the 
     previous proviso estimated to be outlayed for Egypt shall be 
     transferred to an interest bearing account for Egypt in the 
     Federal Reserve Bank of New York within 30 days of enactment 
     of this Act: Provided further, That up to $74,000,000 may be 
     available for Lebanon only after the Secretary of State 
     submits to the Committees on Appropriations of the House of 
     Representatives and the Senate a report on procedures 
     established to determine eligibility of members and units of 
     the security forces of Lebanon to participate in United 
     States training and assistance programs and on the end use 
     monitoring of all equipment provided under such programs to 
     the Lebanese security forces: Provided further, That prior to 
     the initial obligation of funds the Secretary of State shall 
     certify to the Committees on Appropriations of the House of 
     Representatives and the Senate that all practicable efforts 
     have been made to ensure that such assistance is not provided 
     to or through any individual, or private or government 
     entity, that advocates, plans, sponsors, engages in, or has 
     engaged in, terrorist activity.

               pakistan counterinsurgency capability fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States a special account to be known as the ``Pakistan 
     Counterinsurgency Capability Fund''. For necessary expenses 
     to carry out the provisions of chapter 8 of part I and 
     chapters 2, 5, 6, and 8 of part II of the Foreign Assistance 
     Act of 1961 and section 23 of the Arms Export Control Act for 
     counterinsurgency activities in Pakistan, $400,000,000, which 
     shall become available on September 30, 2009, and remain 
     available until September 30, 2010: Provided, That such funds 
     shall be available to the Secretary of State, with the 
     concurrence of the Secretary of Defense, notwithstanding any 
     other provision of law, for the purpose of providing 
     assistance for Pakistan to build and maintain the 
     counterinsurgency capability of Pakistani security forces, 
     and, on an exceptional basis, irregular security forces, to 
     include program management and the provision of equipment, 
     supplies, services, training, and facility and infrastructure 
     repair, renovation, and construction: Provided further, That 
     these funds may be transferred by the Secretary of State to 
     the Department of Defense or other Federal departments or 
     agencies to support counterinsurgency operations and may be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred, or may be transferred pursuant to the 
     authorities contained in the Foreign Assistance Act of 1961: 
     Provided further, That the Secretary of State shall, not 
     fewer than 15 days prior to making transfers from this 
     appropriation, notify the Committees on Appropriations of the 
     House of Representatives and the Senate, and the 
     congressional defense and foreign affairs committees, in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary of State shall submit not later 
     than 30 days after the end of each fiscal quarter to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report summarizing, on a project-by-project 
     basis, the transfer of funds from this appropriation: 
     Provided further, That upon determination by the Secretary of 
     Defense or head of other Federal department or agency, with 
     the concurrence of the Secretary of State, that all or part 
     of the funds so transferred from this appropriation are not 
     necessary for the purposes herein, such amounts may be 
     transferred by the head of the relevant Federal department or 
     agency back to this appropriation and shall be available for 
     the same purposes and for the same time period as originally 
     appropriated: Provided further, That any required 
     notification or report may be submitted in classified or 
     unclassified form.

                    GENERAL PROVISIONS, THIS CHAPTER

                        extension of authorities

       Sec. 21001.  Funds provided by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672, section 15 of the State Department Basic 
     Authorities Act of 1956, section 313 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236), and section 504(a)(1) of the National Security Act 
     of 1947 (50 U.S.C. 414(a)(1)).

                              allocations

       Sec. 21002. (a) Funds provided in this chapter for the 
     following accounts shall be made available for programs and 
     countries in the amounts contained in the respective tables 
     included in the report accompanying this Act:
       (1) ``Diplomatic and Consular Programs''.
       (2) ``Embassy Security, Construction, and Maintenance''.
       (3) ``Economic Support Fund''.
       (b) For the purposes of implementing this section, and only 
     with respect to the tables included in the report 
     accompanying this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, as appropriate, may propose deviations to the 
     amounts referenced in subsection (a), subject to the regular 
     notification procedures of the Committees on Appropriations 
     of the House of Representatives and the Senate and section 
     634A of the Foreign Assistance Act of 1961.

               spending plan and notification procedures

       Sec. 21003. (a) Spending Plan.--Not later than 45 days 
     after the date of enactment of this Act, the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development, shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a report detailing planned 
     expenditures for funds appropriated in this chapter, except 
     for funds appropriated under the headings ``International 
     Disaster Assistance'' and ``Migration and Refugee 
     Assistance''.
       (b) Notification.--Funds made available in this chapter 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations of the House of 
     Representatives and the Senate and section 634A of the 
     Foreign Assistance Act of 1961.

                          unrwa accountability

                     (including transfer of funds)

       Sec. 21004. (a) Limitation.--Of the funds made available in 
     this chapter under the heading ``Migration and Refugee 
     Assistance'', not more than $119,000,000 may be made 
     available to the United Nations Relief and Works Agency 
     (UNRWA) for activities in the West Bank and Gaza.
       (b) Accountability Report.--The Secretary of State shall 
     prepare and submit to the Committees on Appropriations of the 
     House of Representatives and the Senate not later than 45 
     days after the date of enactment of this Act a report on 
     whether UNRWA is--
       (1) continuing to utilize Operations Support Officers in 
     the West Bank and Gaza to inspect UNRWA installations and 
     report any inappropriate use;
       (2) acting swiftly in dealing with staff or beneficiary 
     violations of its own policies (including the policies on 
     neutrality and impartiality of employees) and the legal 
     requirements under Section 301(c) of the Foreign Assistance 
     Act of 1961;
       (3) taking necessary and appropriate measures to ensure it 
     is operating in full compliance with the conditions of 
     section 301(c) of the Foreign Assistance Act of 1961;
       (4) continuing to report every six months to the Department 
     of State on actions it has taken to ensure conformance with 
     the conditions of section 301(c) of the Foreign Assistance 
     Act of 1961;
       (5) taking steps to improve the transparency of all 
     educational materials and supplemental educational materials 
     currently in use in UNRWA-administered schools;
       (6) continuing to use supplemental curriculum materials in 
     UNRWA-supported schools and summer camps designed to promote 
     tolerance, non-violent conflict resolution and human rights;
       (7) not engaging in operations with financial institutions, 
     or entities of any kind, in violation of relevant United 
     States law and is enhancing its transparency and financial 
     due diligence and diversifying its banking operations in the 
     region; and
       (8) in compliance with the United Nations Board of 
     Auditors' biennial audit requirements and is implementing in 
     a timely fashion the Board of Auditors' recommendations.
       (c) Oversight.--Of the funds made available in this chapter 
     under the heading ``Economic Support Fund'' for assistance 
     for the West Bank and Gaza, $1,000,000 shall be transferred 
     to, and merged with, funds available under the heading 
     ``Administration of Foreign Affairs, Office of Inspector 
     General'' for oversight of programs in the West Bank, Gaza 
     and surrounding region.

                     women and girls in afghanistan

       Sec. 21005. (a) Funds made available in this chapter for 
     assistance for Afghanistan shall comply with sections 7062 
     (Women in Development) and 7063 (Gender-Based Violence) of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2009 (division H of Public Law 
     111-

[[Page H5615]]

     8) and should be made available to support programs that 
     increase participation by women in the political process, 
     including at the national, regional and local levels: 
     Provided, That such programs should ensure participation in 
     efforts to improve security and political stability in 
     Afghanistan.
       (b) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the steps taken to respond to the special 
     security and development needs of women in Afghanistan.

                                somalia

       Sec. 21006. (a) Economic Assistance.--Of the funds made 
     available in this chapter under the heading ``Economic 
     Support Fund'', $10,000,000 shall be available for assistance 
     for Somalia.
       (b) Security Assistance.--Of the funds made available in 
     this chapter under the heading ``Peacekeeping Operations'' 
     for assistance for Somalia, $70,000,000 is available for 
     equipment, logistical support and facilities for the expanded 
     African Union Mission to Somalia (AMISOM) and for security 
     sector reform.
       (c) Report.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of State, in 
     consultation with relevant Federal departments or agencies, 
     shall submit a report to the Committees on Appropriations of 
     the House of Representatives and the Senate on the 
     feasibility of creating an indigenous maritime capability to 
     combat piracy off the coast of the Horn of Africa.
       (d) Notification Requirement.--Funds made available in this 
     chapter for assistance for Somalia shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

 assistance for developing countries impacted by the global financial 
                                 crisis

                     (including transfer of funds)

       Sec. 21007. (a) Availability of Funds.--Funds made 
     available in this chapter for assistance for developing 
     countries impacted by the global financial crisis should only 
     be made available to countries that--
       (1) have a 2007 per capita Gross National Income of $3,705 
     or less;
       (2) have seen a contraction in predicted growth rates of 2 
     percent or more since 2007; and
       (3) demonstrate consistent improvement on the democracy and 
     governance indicators as measured by the Millennium Challenge 
     Corporation 2009 Country Scorebook.
       (b) Transfer Authorities.--Of the funds made available in 
     this chapter under the heading ``Economic Support Fund'' for 
     developing countries impacted by the global financial 
     crisis--
       (1) up to $29,000,000 may be transferred and merged with 
     ``Development Credit Authority'', for the cost of direct 
     loans and loan guarantees notwithstanding the dollar 
     limitations in such account on transfers to the account and 
     the principal amount of loans made or guaranteed with respect 
     to any single country or borrower: Provided, That such 
     transferred funds may be available to subsidize total loan 
     principal, any portion of which is to be guaranteed, of up to 
     $2,000,000,000: Provided further, That the authority provided 
     by the previous proviso is in addition to authority provided 
     under the heading ``Development Credit Authority'' in the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8): 
     Provided further, That up to $1,500,000 may be for 
     administrative expenses to carry out credit programs 
     administered by the United States Agency for International 
     Development; and
       (2) up to $20,000,000 may be transferred and merged with 
     ``Overseas Private Investment Corporation Program Account'': 
     Provided, That the authority provided in this paragraph is in 
     addition to authority provided in section 7081 in the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8).
       (c) Report.--The Secretary of State, in consultation with 
     the Administrator of the United States Agency for 
     International Development, shall submit a spending plan not 
     later than 45 days after the date of enactment of this Act to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, and prior to the initial 
     obligation of funds appropriated for countries impacted by 
     the global economic crisis, detailing the use of all funds on 
     a country-by-country, and project-by-project basis: Provided, 
     For each project, the report shall include (1) the projected 
     economic impact of providing such funds; (2) the name of the 
     entity or implementing organization to which funds are being 
     provided; and (3) if funds will be provided as a direct cash 
     transfer to a local or national government entity: Provided 
     further, That funds transferred to the Development Credit 
     Authority and the Overseas Private Investment Corporation are 
     subject to the reporting requirements in section 21003.

         evaluating afghan and pakistani conduct and commitment

       Sec. 21008. (a) Findings Regarding Progress in Afghanistan 
     and Pakistan.--Congress makes the following findings:
       (1) Over 40,000 American military personnel are currently 
     serving in Afghanistan, with the bravery and professionalism 
     consistent with the finest traditions of the United States 
     Armed Forces, and are deserving of the strong support of all 
     Americans.
       (2) Many American service personnel have lost their lives, 
     and many more have been wounded in Afghanistan. The American 
     people will always honor their sacrifice and honor their 
     families.
       (3) Afghanistan and Pakistan are experiencing a 
     deterioration of their internal security resulting from a 
     growing insurgency fueled by Al Qaeda, the Taliban and other 
     extremist networks that continue to operate along the western 
     border of Pakistan, including in the Federally Administered 
     Tribal Areas (FATA), as well as in areas under central 
     government authority such as Quetta in Baluchistan and 
     Muridke in Punjab.
       (4) The United States and the international community have 
     welcomed and supported Pakistan's return to civilian rule 
     after almost nine years with the free and fair elections of 
     February 18, 2008, and have supported the development of a 
     democratic government in Afghanistan.
       (5) Since 2001, the United States has contributed more than 
     $33,000,000,000 to Afghanistan and $12,000,000,000 to 
     Pakistan to strengthen each country's governance, economy, 
     education system, healthcare services, and military.
       (6) The governments of Afghanistan and Pakistan must expand 
     the writ of the national government across all provinces to 
     secure their borders, protect their population, enforce the 
     rule of law, and tackle the pervasive problem of corruption 
     in order to bring security and stability to their people.
       (b) Report.--Because the stability and security of the 
     region is tied more to the capacity and conduct of the Afghan 
     and Pakistani governments and to the resolve of both 
     societies than it is to the policies of the United States, 
     the President shall submit a report to the Congress, not 
     later than the date of submission of the fiscal year 2011 
     budget request, assessing whether the Governments of 
     Afghanistan and Pakistan are, or are not, demonstrating the 
     necessary commitment, capability, conduct and unity of 
     purpose to warrant the continuation of the President's policy 
     announced on March 27, 2009. The President, on the basis of 
     information gathered and coordinated by the National Security 
     Council, shall advise the Congress on how that assessment 
     requires, or does not require, changes to that policy. The 
     measures used to evaluate the Afghan and Pakistani 
     governments' record of concrete performance shall include the 
     following standards of performance:
       (1) Level of political consensus and unity of purpose 
     across ethnic, tribal, religious and party affiliations to 
     confront the political and security challenges facing the 
     region.
       (2) Level of government corruption and actions taken to 
     eliminate it.
       (3) Performance of the respective security forces in 
     developing a counterinsurgency capability, conducting 
     counterinsurgency operations and establishing population 
     security.
       (4) Performance of the respective intelligence agencies in 
     cooperating with the United States on counterinsurgency and 
     counterterrorism operations and in purging themselves of 
     policies, programs and personnel that provide material 
     support to extremist networks that target United States 
     troops or undermine United States objectives in the region.
       (5) Ability of the Afghan and Pakistani governments to 
     effectively control the territory within their respective 
     borders.

                   prohibition on assistance to hamas

       Sec. 21009. (a) None of the funds made available in this 
     chapter may be made available for assistance to Hamas, or any 
     entity effectively controlled by Hamas or any power-sharing 
     government of which Hamas is a member.
       (b) Notwithstanding the limitation of subsection (a), 
     assistance may be provided to a power-sharing government if 
     the President certifies in writing and reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that such government, including all of its 
     ministers or such equivalent, has publicly accepted and is 
     complying with the principles contained in subparagraphs (A) 
     and (B) of section 620K(b)(1) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2378b(b)(1)).
       (c) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2378b(e)) with respect to the limitations of this section.
       (d) Report.--Whenever the certification pursuant to 
     subsection (b) is exercised, the Secretary of State shall 
     submit a report to the Committees on Appropriations of the 
     House of Representatives and the Senate within 120 days of 
     the certification and every quarter thereafter on whether 
     such government, including all of its ministers or such 
     equivalent are continuing to publically accept and comply 
     with the principles contained in section 620K(b)(l) (A) and 
     (B) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2378b(b)(l)). The report shall also detail the amount, 
     purposes and delivery mechanisms for any assistance provided 
     pursuant to the abovementioned certification and a full 
     accounting of any direct support of such government.

                          terms and conditions

       Sec. 21010.  Unless otherwise provided for in this Act, 
     funds appropriated or otherwise made available in this 
     chapter shall be available under the authorities and 
     conditions provided in the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2009 
     (division H of Public

[[Page H5616]]

     Law 111-8), except that sections 7070(e), with respect to 
     funds made available for macroeconomic growth assistance for 
     Zimbabwe, and 7042 (a) and (c) of such Act shall not apply to 
     funds made available in this chapter.

                TITLE III--GENERAL PROVISIONS, THIS ACT

       Sec. 30001. (a) Not later than October 1, 2009, the 
     President shall submit to the Congress, in writing, a 
     comprehensive plan regarding the proposed disposition of the 
     detention center at Naval Station, Guantanamo Bay, Cuba, to 
     include--
       (1) a proposed disposition of individuals detained as of 
     April 30, 2009;
       (2) a determination that such disposition does not pose a 
     risk that cannot be mitigated if such individual is 
     prosecuted, transferred or released, including a plan for 
     such mitigation; and
       (3) a detailed analysis of the total estimated direct costs 
     of closing the detention facility at Naval Station, 
     Guantanamo Bay, Cuba, and any related costs, including the 
     estimated costs of detention, prosecution, security, and 
     incarceration in the United States of the individuals 
     detained at such facility.
       (b) The plan required under subsection (a) shall be 
     submitted in unclassified form, but shall include a 
     classified annex, if necessary.

                         availability of funds

       Sec. 30002.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.

            overseas deployments and emergency designations

       Sec. 30003. (a) Overseas Deployments Designations.--Except 
     as provided in subsection (b), each amount in this Act is 
     designated as being for overseas deployments and other 
     activities pursuant to paragraphs (1) and (2) of section 
     423(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
       (b) Emergency Designations.--Each amount in chapters 6, 7, 
     and 8 of title II is designated as necessary to meet 
     emergency needs pursuant to section 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.


  RESTRICTIONS AND REQUIREMENTS REGARDING THE TRANSFER AND RELEASE OF 
                        GUANTANAMO BAY DETAINEES

       Sec. 30004. (a) None of the funds made available in this or 
     any prior Act may be used to release an individual who is 
     detained, as of April 30, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, into the continental United States, Alaska, 
     Hawaii, or the District of Columbia.
       (b) None of the funds made available in this or any prior 
     Act may be used to transfer an individual who is detained, as 
     of April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 
     into the continental United States, Alaska, Hawaii, or the 
     District of Columbia, for the purposes of detaining or 
     prosecuting such individual until 2 months after the plan 
     detailed in subsection (c) is received.
       (c) The President shall submit to the Congress, in writing, 
     a comprehensive plan regarding the proposed disposition of 
     each individual who is detained, as of April 30, 2009, at 
     Naval Station, Guantanamo Bay, Cuba, who is not covered under 
     subsection (d). Such plan shall include, at a minimum, each 
     of the following for each such individual:
       (1) The findings of an analysis regarding any risk to the 
     national security of the United States that is posed by the 
     transfer of the individual.
       (2) The costs associated with not transferring the 
     individual in question.
       (3) The legal rationale and associated court demands for 
     transfer.
       (4) A certification by the President that any risk 
     described in paragraph (1) has been mitigated, together with 
     a full description of the plan for such mitigation.
       (5) A certification by the President that the President has 
     submitted to the Governor and legislature of the State to 
     which the President intends to transfer the individual a 
     certification in writing at least 30 days prior to such 
     transfer (together with supporting documentation and 
     justification) that the individual does not pose a security 
     risk to the United States.
       (d) None of the funds made available in this or any prior 
     Act may be used to transfer or release an individual detained 
     at Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, 
     to the country of such individual's nationality or last 
     habitual residence or to any other country other than the 
     United States, unless the President submits to the Congress, 
     in writing, at least 30 days prior to such transfer or 
     release, the following information:
       (1) The name of any individual to be transferred or 
     released and the country to which such individual is to be 
     transferred or released.
       (2) An assessment of any risk to the national security of 
     the United States or its citizens, including members of the 
     Armed Services of the United States, that is posed by such 
     transfer or release and the actions taken to mitigate such 
     risk.
       (3) The terms of any agreement with another country for 
     acceptance of such individual, including the amount of any 
     financial assistance related to such agreement.

                              short title

       Sec. 30005.  This Act may be cited as the ``Supplemental 
     Appropriations Act, 2009''.

  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) and 
the gentleman from California (Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
that I may insert extraneous and tabular material on H.R. 2346.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield myself 10 seconds.
  Mr. Speaker, we have a new President who has inherited a war he is 
trying to end. This bill tries to help him do that. We have no real 
alternative but to support it. I urge support for the bill.
  I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, as members of the Appropriations Committee began the 
process of writing this legislation, I was hopeful that the House would 
return to its traditional approach to considering appropriations bills 
under an open rule on the House floor. Unfortunately, that is not the 
case today.
  There are Members of both political parties who have thoughtful and 
well-intentioned amendments that ought to receive the consideration of 
the full House. An open rule would ensure that each and every Member 
has the right and the opportunity to make a good bill even better. But 
Members on both sides are once again being denied this precious right.
  There is one exception to this rule, however. To cover itself 
politically on a highly sensitive national security issue, the majority 
leadership has included an amendment offered by my chairman, David 
Obey, that is self-executed into the rule on this bill. However, the 
Obey amendment only pays lip service to protecting our citizens from 
the release of known terrorists from Guantanamo into the United States.
  Mr. Wolf, who is perhaps the most knowledgeable Member of the House 
on this issue, offered an amendment in the full committee last week 
which was defeated on a straight party-line vote. Yesterday, Mr. Wolf 
testified on his amendment at the Rules Committee and he was denied the 
opportunity to even offer his amendment today on the floor.
  I don't say this lightly, but on this issue the majority leadership 
of the House appears to be more sensitive to the rights of known 
terrorists than the rights of duly elected Members of this body. What a 
shameful exercise this has become.
  House Members were initially led to believe that this legislation 
would be kept at the President's original level of $84 billion to fund 
only the critical needs of the global war on terrorism. As presented 
today, however, this legislation has grown to $96.7 billion since it 
was submitted to the Congress 5 weeks ago.
  The Members know that we face many crises around the world deserving 
our attention and thoughtful deliberation. It was President Kennedy who 
a generation ago reminded us that, when written in Chinese, the word 
``crises'' is composed of two characters: one represents danger; the 
other represents opportunity.
  If there is any doubt about what we are doing, let us be mindful that 
the supplemental provides the necessary resources for our soldiers and 
civilians to wage a successful battle on multiple fronts in Iraq, 
Afghanistan, and Pakistan. We know that the Taliban is now increasingly 
emboldened and the situation on the ground in Pakistan is, at best, 
fragile.
  Closer to our shores, the potential closure of Guantanamo has become 
a symbol of best intentions colliding head-on with political reality. 
Chairman Obey's decision to withhold funding for Guantanamo is the 
clearest indication to date that the Obama administration still has no 
plausible plan to deal with this complex national security issue.
  The President owes it to the American people and this Congress to 
provide a detailed plan for the potential

[[Page H5617]]

relocation of detainees prior to any funds being appropriated for this 
purpose and prior to any detainees being transferred to our shores.
  As presently written, the legislation does absolutely nothing to 
prevent the release of detainees from Guantanamo into the United 
States, into our neighborhoods and communities, after October 1 of this 
year. These detainees, many of them well-known terrorists, trained by 
al Qaeda, would be released with no security risk assessment or even 
the prior notification of Members of Congress.
  Congressman Wolf and Congressman Tiahrt each had amendments 
addressing this critical national security issue, and both were denied 
the opportunity to offer their amendments on the floor. As a result, it 
is now only a matter of time before known terrorists will be brought to 
the United States on a permanent basis.
  Today, it is less clear, not more clear, what rights they will be 
afforded when they arrive and under what judicial system they will be 
tried. And, indeed, in many ways we will be treating them as though 
they were citizens of the United States.
  The insistence of the majority leadership to consider this 
legislation under a closed rule is disappointing because the bulk of 
this emergency supplemental was put together with very serious 
bipartisan cooperation. It is one of the rare instances in recent times 
when Republicans and Democrats have largely set aside partisan 
differences to do what is best for our country and what is best for our 
troops.
  I am deeply concerned about legitimate national security questions 
taking a back seat to political partisanship. But we must pass this 
legislation, even in its presently flawed form, to ensure that funds 
continue to flow to support our efforts to bring peace and stability 
around the world. I urge an ``aye'' vote on this legislation.
  I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 5 minutes to the distinguished 
chairman of the Defense Appropriations Subcommittee, the gentleman from 
Pennsylvania (Mr. Murtha).
  Mr. MURTHA. As all the Members know, most of this bill has been 
bipartisan. Bill Young and I worked almost every detail out, and it is 
for the troops in the field and the military families at home.
  For military personnel, we include--and I noticed there was a Member 
up not long ago who said what they did on stop-loss. Well, I will tell 
you who did what on stop-loss, this subcommittee, this appropriation 
committee did the stop-loss, put $734 million in for 185,000 military 
servicemembers. Recognizing the hardship placed on troops, we made sure 
that they will get $500 a month because of the hardship placed on them 
for an involuntary draft, in a sense.
  Additional military pay. We had several hearings on trying to figure 
out how much money the military needed to take care of the shortage of 
pay. Finally, we came down to $2.5 billion and we added that to the 
bill.
  TBI and psychological health. Nobody has been more in the forefront 
than Mr. Young and myself in trying to make sure that we have money. We 
put an extra $100 million there.
  Since 2001, there have been 42,600 diagnosed cases of PTSD and 58,000 
servicemembers treated for TBI. Out at Bethesda not long ago, I just 
saw the new facility for PTSD.
  Orthopedic research and treatment. The bill includes $68 million. 
Nearly two-thirds of combat-related injuries require orthopedic 
procedures or treatment.
  Amputee rehabilitation. We put $20 million in.
  Joint family assistance. The bill includes $125.1 above the request 
and a total of $739 million for family advocacy programs.
  Yellow ribbon. The bill provides $238 million for information, 
services, referrals, and outreach to the reserves for that program.
  We put in money for C-17s, for 130s. We put money in for Apaches, 
helicopters, all of these things needed in the war effort.
  MRAPs. We put in new MRAPs.
  Strykers. We put money in for Strykers because it takes twice as 
long, and these are medical care Strykers, because it takes twice as 
long to get people to a hospital or to medical care in Afghanistan, and 
this will help that situation and reduce the time it takes to get to 
medical care.
  Bradley Fighting Vehicles.
  National Guard and Reserve. We put $500 million in the bill.
  Guantanamo. In the initial stages we took the money out and said give 
us a plan; and, of course, the chairman has developed a plan for that.
  We have withdrawal timelines from Iraq, August 31, 2010.
  Training Afghanistan security forces, $3.6 billion.
  Pakistan counterinsurgency fund, $400 million.
  And contracting.

                              {time}  1430

  And on contracting, one of the things the Secretary talks about and 
we talk about is that it costs us $44,000 more to have contractors in 
Iraq than it does to have regular troops there. And we finally said to 
them, Look, you've got to start taking the nationals there, putting 
their people to work, get the Americans or the foreign people--when I 
say ``foreign,'' other than Iraqis--out of the country. So we're going 
to get a schedule of getting the contractors down.
  The report includes language directing the Department of Defense to 
provide monthly reports on the number of contractors in the US CENTCOM 
Area of Responsibility. We have a heck of a time getting this. But this 
bill provides the resources and capabilities needed to support deployed 
U.S. forces.
  It is a completely partisan bill, and working with Mr. Young, I 
appreciate his cooperation and ask the Members to vote positively on 
this bill.
  Mr. LEWIS of California. Mr. Speaker, I yield 5 minutes to the 
gentleman from Florida (Mr. Young).
  Mr. YOUNG of Florida. I thank the gentleman for yielding.
  Mr. Speaker, I would like to say that I rise in support of the 
supplemental. Most of the money in this supplemental is for our troops. 
It is for the war on terror, and it is to take care of the soldiers 
that are conducting that war.
  As Mr. Murtha said, we worked together to create this legislation. In 
fact, the subcommittee met and all the members had an opportunity to 
have their input. The majority staff worked very closely with the 
minority staff, and we feel like we have crafted a really good wartime 
supplemental. So I urge the support for the supplemental, most of which 
is the defense part of the bill.
  I want to say that I agree with Ranking Member Lewis on the issue of 
Guantanamo. I don't think we have it all figured out yet. I think just 
to say we're going to close Guantanamo doesn't really get the job done; 
there's too much to it.
  Last year, the Congress approved my amendment to the Defense 
Appropriations bill and said you can't close Guantanamo until you do 
two things: one, have a plan as to what you will do with the detainees; 
and number two, which doesn't get mentioned very often, have a plan of 
what you are going to do with the facilities.
  As appropriators, we know that we spent close to half a billion 
dollars creating a medium-security holding facility and a maximum-
security holding facility. They're state-of-the-art facilities. If you 
have to be in prison somewhere, Guantanamo is the place to be, because 
these are really nice facilities.
  What are we going to do with half a billion dollars worth of detainee 
facilities? I think we need to know the answer to that. In my amendment 
last year, the legislation required the administration to report within 
180 days of what the plan would be on those two issues. That has not 
happened to this day.
  We can't deal with Guantanamo lightly. We can't bring terrorists who 
have been responsible for killing many Americans into the United States 
without careful consideration. My preference would be not to bring them 
into the United States. I may be in the minority on that issue.
  But anyway, the overall bill is a good bill, and I do support it. I 
congratulate Mr. Obey, the chairman, and Mr. Lewis, the ranking member. 
And certainly, having worked with Chairman Murtha to craft the defense 
part of this bill, it's one that we can all support without any 
hesitation.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished 
gentlewoman from New York (Mrs. Lowey),

[[Page H5618]]

the chairwoman of the Foreign Operations Appropriations Subcommittee.
  Mrs. LOWEY. I rise in strong support of H.R. 2346, the FY09 Emergency 
Supplemental. This legislation provides the resources our military, 
diplomatic, and development personnel need to make our Nation more 
secure. I was very pleased to work in a bipartisan way with Kay 
Granger.
  The Obama administration's policy to defeat the Taliban and al Qaeda 
in Afghanistan and Pakistan is critical to prevent the region from 
being a base for terrorist plots against the United States and our 
allies. H.R. 2346 provides $3.8 billion for economic security 
initiatives in the region and funds our diplomatic development 
personnel and their security.
  I welcome the administration's efforts to forge a lasting peace 
between Israel and the Palestinian Authority. This legislation provides 
economic, humanitarian, and security assistance to the West Bank and 
Gaza to encourage stability and political moderation. It ensures that 
Hamas and other terrorist organizations do not receive taxpayer funds 
and that a potential unity government and all its ministers publicly 
recognize Israel's right to exist, renounce violence, and adhere to 
past agreements before receiving U.S. assistance.
  H.R. 2346 also provides $470 million to help Mexico fight violent 
narcotraffickers with surveillance aircraft, helicopters, and law 
enforcement equipment, and to support rule of law programs, bringing to 
$1.17 billion the total appropriated in 2008 and 2009 for these 
purposes.
  The bill meets the President's request for assistance programs and 
diplomatic operations in Iraq to ensure a smooth transition from the 
military mission to a civilian-led effort.
  In addition, the bill addresses significant humanitarian and 
development priorities by providing $343 million for refugee programs 
to address the growing displacement of civilians in Pakistan and other 
countries; $836.9 million for peacekeeping; $300 million for countries 
impacted by the global financial crisis, including Haiti and Liberia; 
and $100 million for the Global Fund to Fight AIDS, Tuberculosis and 
Malaria.
  I urge my colleagues to support this legislation.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Kansas (Mr. Tiahrt).
  Mr. TIAHRT. I thank the gentleman from California.
  Mr. Speaker, this supplemental does many good things for our troops. 
It provides needed equipment and services so our men and women in 
uniform can carry out the will of this Nation, and hopefully and 
prayerfully, will help them to come home safely to their families. But 
it does present a hole in the safety for this Nation.
  After October 1, hardened terrorists can come to America and 
eventually can be released to our streets. If they do come to America, 
where are we going to take them? Earlier in the discussion on the rule, 
the gentleman from Colorado mentioned that they could go to Fort 
Leavenworth. Well, Mr. Speaker, I have been to Fort Leavenworth to 
inspect the facilities. It is the premier training base for the United 
States Army. We invite many troops from other countries to come to 
America to Fort Leavenworth to train, to become allies, to learn how to 
work together to keep this country safe. Bringing these terrorists to 
Fort Leavenworth would actually prevent that from happening in the 
future. Some nations would not send their troops to America because of 
it. So Fort Leavenworth should not be a selected base for that purpose.
  Neither do they have the facilities in the prison to house these 
terrorists. One of the things that was designed in the Guantanamo Bay 
facility is to separate the leaders from the foot soldiers because they 
stir up the foot soldiers should they be connected either verbally, 
visually, or in any method of communication. So that is prevented in 
Guantanamo Bay. It is created for that purpose. We've even created and 
built the most modern court facility so that these hardened terrorists 
should never have to set foot on American soil.
  Now, when we have people in our own court system that we know are 
sexual predators, we warn people in the neighborhood to protect their 
children from these known sexual predators. But in this legislation, we 
have no notice when a hardened terrorist is going to be released on 
American soil, and we do know that 30 of these terrorists have been 
slated for release.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. LEWIS of California. I yield the gentleman another minute.
  Mr. TIAHRT. I thank the gentleman from California.
  We have a policy in America that if a terrorist is going to be 
returned to their country of origin and that country of origin is going 
to either torture or terminate them, we won't send them back. That's 
the problem we have with terrorists known as Uyghurs, terrorists of 
Turkish descent that are Chinese. So they are going to be released 
where? Back to the streets of America. This bill does not prevent that. 
We had legislation that would have given us that opportunity for an up-
or-down vote, but it was denied by the Democrats in the majority.
  Americans want to have a voice in this. Do we want terrorists on 
American soil or not? I say ``no.'' I want them on no Main Street in 
any city or town in America, but I was denied the opportunity to have 
that vote.
  I think that even though this bill does many good things, we should 
remember that before October 1 we need to have a clear up-or-down vote 
in this Chamber on whether or not we want to allow known hardened 
terrorists to be released on our streets.
  Mr. Speaker, in the bill itself we have a list of the top 10 toughest 
terrorists that are housed in the Guantanamo Bay facility on page 112.
  Mr. OBEY. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from 
North Carolina (Mr. Price).
  Mr. PRICE of North Carolina. Mr. Speaker, I rise to enter into a 
colloquy with the distinguished chairman of the Appropriations 
Committee and the Labor-HHS Education Subcommittee, Mr. Obey.
  As we prepare to enhance our pandemic planning efforts through the 
supplemental funding bill before us today, I appreciate the committee 
providing additional funding to State and local governments that have 
been hit hard by the economic downturn. I am also pleased that we are 
taking a comprehensive approach to pandemic preparedness.
  In an article in this week's National Journal, Donald Thompson, the 
senior program director for the medical and public health program at 
the Center for Infrastructure Protection at George Mason University's 
School of Law, noted that the U.S. has done a poor job of making sure 
it has enough equipment to tackle a full-blown pandemic. Currently, our 
national stockpile contains 104 million respirators, 51.6 million 
surgical masks, but only 20 million syringes.
  Mr. Chairman, I appreciate the work of your subcommittee to verify 
that this funding bill allows HHS to purchase, replenish, and expand 
the Nation's delivery devices stockpile.
  Mr. OBEY. Let me simply say that public health at all levels must 
continue to respond to this current outbreak and the increasing number 
of U.S. and worldwide cases, but also prepare for the potential of 
increased severity or for a new, novel strain to emerge. This bill will 
give HHS the funds needed to develop and purchase vaccines and 
replenish and expand Federal and State stockpiles of antiviral drugs 
and other necessary medical supplies, such as masks, ventilators, 
delivery devices, and other items.
  Mr. PRICE of North Carolina. I thank the gentleman.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Oklahoma (Mr. Cole), a member of our committee.
  Mr. COLE. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of this supplemental, and, frankly, I 
want to congratulate the majority on the legislation. I am particularly 
pleased with the military portion that was worked out in negotiations 
between Mr. Murtha and Mr. Young. The extra dollars that were provided 
beyond what the administration requests I think were wise expenditures.
  I certainly don't agree with everything in the bill and have my 
differences over process, both in the committee and more profoundly, 
frankly, on this floor, where I wish we had the

[[Page H5619]]

amendments available that my friend, Mr. Tiahrt, mentioned. But, by and 
large, it's a great bill and, frankly, it deserves our support.
  I think we ought to stop for a minute, Mr. Speaker, and recognize the 
significance of the vote that we are about to take. With the passage of 
this proposal, President Obama, in my mind at least, effectively 
becomes a war President. In his campaign, he said that Afghanistan was 
the central front in the war on terror, and he also said, if necessary, 
he would move into other countries to pursue al Qaeda. Since he has 
been elected, I think he has actually put those views into effect in 
this legislation and in other actions. He has chosen a new commander; 
he has increased the size of our forces in Afghanistan dramatically; he 
has begun a civilian surge, which alters in some ways, and I think 
appropriately, the nature of our mission; he has requested additional 
forces from European countries; and, frankly, he has made it clear that 
he is expanding activity into Pakistan.
  This is a major commitment. It's not a commitment that will be over 
in a year. Frankly, I suspect President Obama will be dealing with this 
issue throughout his Presidency, whether he's a one- or two-term 
President. As long as he continues to operate in this capacity, 
frankly, I think he deserves bipartisan support. I think a war 
President deserves bipartisan support from Congress. He will certainly 
have it from me as long as he is consistent with the principles he has 
laid out and operates under the advice, although reserving the final 
decision to himself, of the commanders on the ground.
  So it's a good piece of legislation and it deserves to be passed.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Texas (Mr. Edwards), the chairman of the Military 
Construction Subcommittee.
  Mr. EDWARDS of Texas. Mr. Speaker, this is Military Appreciation 
Month, so it is appropriate that on the floor of this House earlier 
this week Members of Congress stood up and showed their support with 
their words for our troops. Today, we can do something even more 
important; we can support our military troops and their families with 
our deeds. That is exactly what the $3.2 billion in military 
construction in this bill does in four ways.
  First, it includes $488 million, the same as the President's request, 
for five wounded warrior complexes for the Army and two complexes for 
the Marine Corps. These facilities support many of our most severely 
wounded combat troops and their families through their important 
recovery and healing process.
  Second, this bill includes $276 million, also the same as the 
President's request, for 25 child development centers at Department of 
Defense installations.

                              {time}  1445

  These funds will provide additional child care for 5,000 military 
children, a high priority for our military families, especially with so 
many parents serving our Nation in Iraq and Afghanistan.
  Third, the bill adds an additional $1 billion for Department of 
Defense hospital construction. Why? Because many of our military 
hospitals are riddled with aging inadequate structures that do not meet 
current standards for medical care. This is unacceptable in time of 
peace and unconscionable in time of war.
  No Member of this Congress, no Member of the Senate, no citizen of 
America should want to see a return to the Walter Reed Annex 18 of 
several years ago when Army soldiers had to live in such deplorable 
conditions.
  The funds in this bill would bring our total investment in military 
hospitals over the past year to $3.3 billion. This House will initiate 
the funding to modernize our DOD hospital for our troops.
  Fourth, this bill includes more funds for troop housing in 
Afghanistan. The President's request for projects in the CENTCOM area 
of responsibility total $876 million, including $84 million to 
partially fund the foundation and utility work needed to house 
additional U.S. troops going to Afghanistan. This bill supports 98 
percent of the request and includes an additional $214 million to fully 
fund the troop housing requirement in Afghanistan.
  Finally I'd mention that this bill includes $263 million, the same as 
the President's request, once again, to accelerate and enhance the 
construction of new DOD hospitals in Bethesda and Fort Belvoir to 
replace the aging Walter Reed.
  By voting for this bill, we can support our troops and their families 
with our deeds, not just our words. I urge our colleagues to vote 
``yes'' on this bill.
  Mr. LEWIS of California. Mr. Speaker, it is my pleasure to yield 1 
minute to the gentlelady from Florida (Ms. Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. I thank the gentleman.
  Mr. Speaker, I rise today in support of the supplemental funding bill 
that will provide the men and women of our Armed Forces with the 
resources that they need to do the job. Unfortunately this bill will 
not just fund operations in Afghanistan and Iraq. It seems to me as if 
my colleagues on the other side of the aisle never miss an opportunity 
to use the military to pack a bill with pork.
  Under the pretext of funding operations in Afghanistan and Iraq, this 
bill is loaded with billions of dollars worth of spending that simply 
does not belong there. It is obvious to me that these programs do not 
directly impact the ability of our servicemembers to do their job. They 
are priorities of the majority that should be voted on separately based 
on their own merits.
  We have a lot of questions about the Guantanamo detainees. Will they 
end up in Leavenworth, as the gentleman from Kansas mentioned? Will 
they end up in the largest Federal prison in the United States, which 
happens to be in my district? Let me tell you, I think Americans need 
to know the answer to that.
  Despite the political games that my colleagues are playing, I will 
support this legislation because I support our troops and believe it's 
our responsibility to give them the tools that they need.
  Mr. OBEY. I yield 1 minute to the gentleman from Maryland, the 
distinguished majority leader.
  (Mr. HOYER asked and was given permission to revise and extend his 
remarks.)
  Mr. HOYER. I thank the chairman for yielding.
  I urge my colleagues to support this supplemental appropriations 
bill, and I appreciate the bipartisan support that this bill has 
received. It makes vital investments in the needs of our troops, 
responsible policy abroad and security at home.
  I want to thank Chairman Obey and his staff for their hard work in 
putting this legislation together. The supplemental supports our 
troops, who are in harm's way, and honors their service when they 
return home. $1.2 billion for health and support programs for military 
families, $734 million to compensate servicemembers and veterans for 
every month their service was extended by stop-loss orders.
  The supplemental also makes important commitments to our national 
security. It follows through on President Obama's commitment to remove 
all combat troops from Iraq by 2010, and it refocuses our attention on 
Afghanistan and Pakistan, which remain havens for terrorists seeking to 
destabilize the region and harm Americans.
  American military involvement is an important part of our effort for 
a stable Afghanistan that no longer harbors terrorists. That effort 
also includes training Afghan security forces, police development work 
and a diplomatic surge.
  Of the $5.1 billion that this supplemental dedicates to Afghanistan, 
$3.6 billion is intended for local security forces, a critical 
component of our objective; $980 million is for efforts to strengthen 
the economy and the rule of law; and $536 million is for civilian 
diplomacy. We've also come to understand, as President Obama has 
repeatedly stressed, that the stability of Afghanistan is intimately 
tied to the stability of Pakistan, which is under threat from insurgent 
Taliban.
  I believe that this supplemental will help reduce that threat through 
comprehensive funding for counterinsurgency development and diplomacy 
programs in Pakistan.
  But it is also essential that the Afghanistan and Pakistan 
governments hold up their end of the bargain. That is why this 
legislation requires the President to report to Congress by February of 
next year on the progress of

[[Page H5620]]

those governments in five key areas: The level of political consensus 
to the level of corruption, steps to eliminate it, success in 
counterinsurgency, cooperation of their intelligence service with our 
country, and the government's ability to control their own territory.
  All of these are critical information points for us to have. This 
information will be essential to ensuring that our policy remains 
realistic and wise and we hope successful in this critical region of 
the world.
  Finally, the supplemental makes a number of other important 
investments in our security. These include funding for pandemic flu 
preparedness and vaccine stockpiles, the importance of which have been 
dramatically demonstrated in the past weeks; funding to address 
violence along the U.S.-Mexico border, a priority I strongly support 
and observed the need for when I was in Mexico last month; and funding 
for important international food, refugee and disaster assistance.
  I would comment briefly on the issue with reference to Guantanamo. 
First of all, this does not provide for the release of anybody from 
Guantanamo. Secondly, the President has widely said, We need a plan for 
Guantanamo, and is pursuing that. This language provides for that 
planning process to go forward. Thirdly, I would observe that almost 
none of those held at Guantanamo have used that courtroom, to which Mr. 
Tiahrt referred. That is to say, there hasn't been a finding in these 
cases. There ought to be findings. But in any event, I agree 
absolutely, and I think everybody on this floor agrees that anybody who 
is a terrorist ought not be released anywhere. We will have to decide 
how to resolve this issue. It's a thorny one.
  I might observe that the former Secretary of State, Colin Powell, 
former chairman of the Joint Chiefs of Staff, former national security 
adviser to the first President Bush, observed that he thought 
Guantanamo ought to be closed on national television over a year ago 
and he said, Today, if not yesterday.
  Now having said that, this President is pursuing I think a very 
thoughtful effort to see how that goal can be accomplished. It's a 
difficult one, but we need to work with him in accomplishing that 
objective.
  I thank the chairman for his work. I thank the Chair and ranking 
member, Mr. Murtha and Mr. Young, of the Defense Subcommittee for the 
work that they've done on this to ensure that our troops have what they 
need to prosecute the policies of this country and to keep our citizens 
and the Nation safe.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Georgia (Mr. Kingston).
  Mr. KINGSTON. I thank the gentleman for yielding.
  Mr. Speaker, one of the smartest things that the President did once 
elected and all the campaign rhetoric was out of the way, he went ahead 
and continued the Bush-Cheney policy in the Middle East, primarily by 
reappointing Secretary of Defense Gates and recognizing that the surge, 
in fact, worked, basically kept the plans for Iraq and Afghanistan on 
track, including a new surge in Afghanistan.
  There was one sharp deviation from the Bush doctrine that Mr. Obama 
did not choose to follow, and that was his idea of closing Guantanamo 
even though the Guantanamo prison has proved to be effective. And we 
had lots of testimony from people who are in the military and security 
that these very bad actors need to stay in an island off continental 
America. That's why we Republicans in committee offered the Wolf 
amendment that says that if you're going to transfer the Guantanamo 
prisoners, that we should have the Nation's governors approve the 
transfers to their States before it happens.
  Also that a threat assessment should be done. Now to their credit, 
the majority party did put in some language that says the President 
shall submit to Congress in writing a comprehensive plan before October 
1, and we're happy about that. But what this plan does not do, it does 
not require a risk assessment.
  Releasing the detainees to American soils could cause problems, and 
we would also like to see the security assessment include what its 
impact could be on the safety of American citizens. Also it does not 
require notification to Congress, governors, State legislators or local 
communities. We believe that much courtesy should be done. And it does 
not require the consent of the State governor.
  Why is that important? It's interesting to note that when the 
President was recently in Europe, trying to ask them to take some of 
the Guantanamo prisoners, they all declined. All the European, all the 
EU countries want us to close it, but they won't take any of these 
prisoners. What does that say?
  Mr. OBEY. I yield 2\1/2\ minutes to the gentleman from Virginia (Mr. 
Moran).
  Mr. MORAN of Virginia. Thank you, Mr. Chairman, very much.
  We are in agreement on three things that we want to accomplish: We 
want to win the war against violent extremism, we want to punish those 
people who are responsible for harming or intending to harm Americans, 
and we want to make all Americans as safe and secure as possible.
  Now, we are engaged in a long war. It is a war against violent 
extremism, but it will continue forever unless we understand the 
elements that the enemy is using against us because it's not a war that 
will lend itself to any military victory.
  In fact, our most effective weapon is to simply be true to the values 
and principles that define who we are as a Nation. And the most lethal 
weapon that the enemy has in its possession is to point out those 
instances where we have not been true to our values and principles, 
where we have been hypocritical, where we have yielded to fear of the 
unknown, where we have appealed to the most basic instincts. We are a 
better nation than that.
  That's why Guantanamo is important, because there are a limitless 
number of young impressionable men who, in fact, will be recruited by 
the enemy for generations to come if we don't stand up and show that we 
are true to our principles.
  Initially in the first few years of the Afghan war, 772 people were 
rounded up, very few by American forces. They were turned over by 
tribal chieftains for bounties, $5,000, sometimes less. We took them 
and put them in Guantanamo because we didn't know what to do with them. 
We interrogated virtually all of them to see what they might know, 
whether or not we knew that they had been involved in any hostile 
action against the United States. And, in fact, 85 percent of them we 
know were not involved in any hostile action against the United States.
  Now we are faced with a decision. Do we move forward with a policy 
that is obviously causing us to lose ground in this war against violent 
extremism? Or do we change course? And what we are urging--not in this 
bill because this bill simply requires us to put together a plan.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman 30 additional seconds.
  Mr. MORAN of Virginia. The fact is that Guantanamo is not the 
punitive place that it used to be, but it does not serve our purposes 
to keep it open.
  We have courts of justice. If people have committed harm against the 
United States, they need to be prosecuted. They need to be punished. 
It's not going to work if we try to do that at Guantanamo. And those 
who we don't have evidence against are going to have to eventually be 
released.

                              {time}  1500

  Now, you know this really is about seizing and holding the moral high 
ground. And it is about who we are as Americans. That is the only way 
we win this war against violent extremism.
  Mr. LEWIS of California. Mr. Speaker, could I inquire the time on 
both sides.
  The SPEAKER pro tempore. The gentleman from California has 13 minutes 
remaining.
  The gentleman from Wisconsin has 13\1/2\ minutes remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield 4\1/2\ minutes to the 
gentleman from Virginia (Mr. Wolf).
  Mr. WOLF. Mr. Speaker, Simon and Garfunkel have a song that they sang 
in Central Park called ``The Boxer.'' And in it, it says ``Man hears 
what he wants to hear and disregards the rest.'' To a certain extent, 
the Congress is

[[Page H5621]]

just hearing what it wants to hear and disregarding the rest. Eric 
Holder and the Justice Department was ready to release into our 
neighborhoods some of these people almost 2 weeks ago. I first wrote 
the Attorney General on March 13, 2 months ago, to ask a series of 
questions. And I share what my friend from Virginia said. We are 
shutting down Guantanamo. That is not the issue that you are dealing 
with here. You are dealing with what are you going to do and what plan 
do you have as you shut it down.
  On April 23 I wrote a second letter to Eric Holder of the Justice 
Department asking some other questions, just asking, what is your plan? 
How are you going to deal with the holding of it? What metropolitan 
areas will it be? I raised a number of concerns. And, again, no 
response. The other day we did another letter, the third letter. And 
when we were in the committee, some of the Members didn't know and said 
they could be removed and they could not be removed until they checked 
with the Congress, and that was not the case because Eric Holder was 
ready to move them out without making a report. What type of security 
will they go to? Let's just get a report.
  This administration needs to be upfront with the Congress. And if the 
Congress doesn't have this desire to know, then at least they ought to 
be upfront with the American people because I think the American people 
know. Do all the Members of Congress know the State Department listed 
the ETIM, which the Uyghurs are a part of, as a terrorist organization 
in 2002, the same year the embassy in Beijing indicated ETIM planned an 
attack on the U.S. embassy in Kazakhstan? Do all the Members know that 
this group's militants fought alongside al Qaeda and Taliban in 
Afghanistan? Does the Congress know that a month ago the Obama Treasury 
Department, to its credit, targeted al Qaeda support network by 
designating Abdul Haq, the overall leader and commander of the Eastern 
Turkistan Islamic Party, as a terrorist?
  Does the Congress know and should the American people know that Abdul 
Haq raised funds and recruited new members to further the terrorists' 
activities? Does anyone know that in 2005, Haq was put on the Sharia 
Council for al Qaeda? Does anyone know that in early January '08, Haq 
directed that this group commander attack various Chinese cities, 
particularly the Olympics? Frankly, I was disappointed that President 
Bush went to the Olympics. But there were a lot of American citizens 
there.
  So we are asking questions before they do this. And sometimes I think 
some people are trying to say that it is not about closing Guantanamo 
Bay or not. Guantanamo Bay, whether you like it or not, is going to be 
closed. What we are talking about is how do you dispose of and what do 
you do to the detainees?
  And, frankly, this Congress sometimes--we now sit on interrogation 
memos. No one wants to say that they knew anything. Well, the Congress 
ought to know everything. If you have the oversight responsibility, you 
ought to be willing to have it and hold it. So that is what we are 
saying, nothing more. And I appreciate Mr. Obey adding some good things 
in there. I want to pay tribute that he has. And I appreciate it. But I 
was foreclosed in the committee. And I thought we would have a 
unanimous bipartisan vote, and we were shut out. So we are just asking.
  Three letters, Eric Holder says, ``O, I will not answer the letters. 
And, lastly, no FBI agent was able to come to my office, or I 
understand other offices up here on the Hill, to give them a briefing. 
As I said earlier, that if Attorney General Ashcroft----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield the gentleman 1 additional minute.
  Mr. WOLF. If Attorney General Ashcroft had prohibited FBI agents from 
coming to the Hill to speak to Senator Leahy, you would have heard 
about it on both sides of the Hill, on both sides of the aisle. And you 
should have heard about it. We are saying that before they move them, 
before they close it, we want to see a plan.
  Mr. OBEY. I yield 30 seconds to the gentleman from Vermont.
  Mr. WELCH. Mr. Chairman, among others, dairy farmers are facing an 
enormous crisis. And there is some possibility that the Senate may add 
in the supplemental some money for the milk program. And my request is 
that you would take that into consideration as best you can.
  Mr. OBEY. Let me simply say that, representing a lot of dairy farmers 
myself, and being a former cosponsor of the milk program, I obviously 
would like to see additional help provided to them. The Appropriations 
Committee is not the committee of jurisdiction. So we would need to 
work out something with the White House and the proper authorizing 
committee. But we are open to any reasonable suggestions.
  Mr. WELCH. I appreciate your efforts.
  Mr. LEWIS of California. Mr. Speaker, I yield 3 minutes to the 
Republican conference chairman, Mike Pence.
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. Mr. Speaker, I thank the distinguished ranking member for 
yielding. I rise today in support of the military funding in H.R. 2346, 
the fiscal year 2009 war supplemental appropriations bill, which will 
provide nearly $85 billion to support our men and women serving in Iraq 
and Afghanistan, those that every day make the sacrifices necessary to 
ensure our freedom and that of our posterity.
  Overall this legislation does reflect a bipartisan effort to provide 
necessary war funding and essential support for our men and women in 
uniform. I am particularly pleased that it does so without arbitrary 
benchmarks and timetables for withdrawal that had been so much the 
debate of war supplementals in recent years in this Congress. I'm also 
pleased that none of the funding requested by the administration 
related to Guantanamo Bay has been included.
  And I take this opportunity to commend the distinguished chairman of 
this committee for his judgment and discretion in leaving out any 
funding for the purpose of closing Guantanamo Bay. President Obama was 
simply wrong to announce plans to close Guantanamo Bay without any plan 
for what to do with the dangerous terrorist detainees who remain there 
to this day. The American people deserve to know that this Congress and 
this government are putting their safety and their interests above 
world opinion in decisions about terrorist detainees. And this 
legislation, in failing to provide any funding for closing Guantanamo 
Bay, puts the interests and the security of the American people first.
  I do regret that the amendment authored by the gentleman from 
Virginia who just spoke, Mr. Wolf, was not included in this 
legislation, an amendment that would have prohibited the transfer of 
any terrorist detainee within the next calendar year. And I hope for 
additional language in the conference report.
  Now, while I support this war funding bill, let me say on the floor 
of this Congress, I believe a war supplemental bill ought to be about 
war funding and war funding alone. It should not include the literally 
billions of dollars in nondefense-related spending.
  Mr. Speaker, I don't have any particular objection to Congress 
considering and debating spending money on international food 
assistance or the State Department or the staff at the NSC or wildfire 
or avian flu or police radios. But what are they doing in a war 
supplemental bill? At a time when Washington D.C. appears to most 
Americans to be a gusher of red ink, runaway Federal spending, stimulus 
bills, omnibus bills, and this Congress passed a budget that will 
double our national debt in 5 years and triple it in 10, we can't even 
seem to bring a war supplemental bill that just funds the needs of our 
soldiers in harm's way. I believe we can do better.
  I will support this bill because I support our troops. But I will 
continue to call for this Congress to do a service to those heroes and 
future generations by practicing fiscal discipline.
  Mr. OBEY. Mr. Speaker, I have only one remaining speaker, myself. And 
I have the right to close. I would suggest the gentleman go through his 
speakers.
  Mr. LEWIS of California. Mr. Speaker, I have one additional speaker 
besides myself. I yield 1 minute to the

[[Page H5622]]

gentleman from California, the gentleman who knows more about 
Afghanistan, I believe, than any other Member of the House, Mr. 
Rohrabacher.
  Mr. ROHRABACHER. Mr. Speaker, I rise in support of H.R. 2346, but I 
do so reluctantly. I am reluctant because as someone who has spent the 
last 30 years studying Afghanistan and having been in and out of that 
country and being someone who has studied the current administration's 
plan, I am sorry to say that the current administration's plan will not 
work. It is doomed to failure.
  Thus we are here allocating money, supplemental money, for our troops 
to send them overseas, but we are not backing them up with a political 
plan, a structure for Afghanistan that will work, that is consistent 
with the customs of the people of Afghanistan. Also their plan does not 
focus on drug eradication and how we are going to eliminate the problem 
in Afghanistan. How will our people succeed without the drug 
eradication problem that we know, the alternative that exists, that is 
being ignored? No. We are sending our people over. They deserve our 
support financially. But we should get together and work with the 
administration to reform their plan because it will not work.
  Mr. LEWIS of California. Mr. Speaker, I neglected the fact that I 
have one more speaker besides Mr. Rohrabacher. I yield to the 
gentlewoman from Kansas (Ms. Jenkins) 1 minute.
  Ms. JENKINS. Mr. Speaker, the President initially received praise for 
signing an executive order to close the detention facility at 
Guantanamo Bay. Unfortunately, this decision was not accompanied by a 
comprehensive plan to relocate the detainees after the closure. I have 
not found many folks either at home in Kansas nor here in Washington 
who would be happy to welcome the detainees as their neighbors. One 
place I am particularly convinced they should not be located is the 
disciplinary barracks at Fort Leavenworth, Kansas. Little known to many 
outside of the military and those of us from eastern Kansas is the fact 
that Fort Leavenworth is home to the Command and General Staff College, 
a 115-year-old program at the fort that has trained more than 7,200 
officers, including Generals Eisenhower, Marshall, McCarthy, MacArthur, 
Bradley, Arnold, Powell and Petraeus.
  The CGSC not only trains our military leaders, but each year students 
from nations around the world study there. If suspected terrorists are 
held at Fort Leavenworth, out of protest or out of safety concerns, 
many of our allies would stop sending their military officers to train 
there.
  Mr. LEWIS of California. Mr. Speaker, as we close down this 
discussion, I want to take just a moment to, one more time, express 
both the chairman's and my deep appreciation for the very fine work 
that is done by our staff on both sides of the aisle, especially in 
this case, the defense subcommittee staff, but beyond that the 
leadership of the staff from the full committee as well.
  Mr. Speaker, we have all noticed by way of the media in the last 
several weeks that it is one thing to kind of wallow in rhetoric of the 
campaign trail when one is running for national office. It is an 
entirely different thing when you are elected President of the United 
States and then have to implement the policies that some of that 
rhetoric may affect. The recent discussion regarding intelligence, 
secure papers, should they be revealed or made public or not made 
public, is evidence that the President, our President Obama, is 
learning that reality very quickly.
  In the Guantanamo circumstance, the rhetoric said, We should close 
Guantanamo. I would suggest that as the President moves forward and 
really learns about these people who are largely trained by al Qaeda, 
who are committed to jihad and the destruction of our way of life, long 
before a plan comes forward, I'm sure the rhetoric will be considerably 
different, or the implementation will be considerably different than 
the rhetoric. From there, this bill is a bill that reflects largely 
funding for our national defense, great work done between both sides of 
the aisle regarding the needs of our military. Because of that, this 
bill must go to the President's desk. And I urge our Members to give an 
``aye'' vote.
  I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 7 minutes.
  Mr. Speaker, there is an old story about a second baseman for the old 
New York Giants, Eddie Stanky. Leo Durocher was the manager of the 
club. And during spring training, Durocher was hitting ground balls to 
the infield, and Stanky dropped two in a row. And so Durocher said, 
Kid, give me the glove. I will show you how it is done. So he went out 
to second base, and the very first ball hit to him Durocher dropped. 
And he turned to Stanky and said, Hey, kid, you got second base so 
screwed up, nobody can play. That is pretty much the situation that we 
face with respect to Iraq and Afghanistan.

                              {time}  1515

  And this bill spends $97 billion because we're in a mess. After 9/11, 
the Bush administration went after al Qaeda hiding in Afghanistan. That 
was a perfectly understandable response. They hit us and we tried to 
hit them back. But then the administration diverted their attention and 
their resources to a tragically wrong-headed war in Iraq, a country 
with no connection to 9/11.
  Seven years later, 33,000 American casualties later, more than 4,000 
American deaths later, we now have a new President who has a commitment 
to try to end American combat in Iraq. He's also confronted with the 
mess in Afghanistan, which is made much worse because of the diversion 
of attention that should have been focused on that country over the 
past 7 years. And that job is made even more difficult because of the 
impact of events in Pakistan on Afghanistan.
  Now, the President cannot wave a magic wand and end that war. He has 
inherited what I consider to be the worst foreign policy mess from his 
predecessor in the history of the country, a three-country regional 
mess. Now, he has decided that he will try to refashion our efforts in 
Afghanistan to give us a better chance to stabilize the situation. I 
hope I'm wrong, but I am forced to say that I significantly agree with 
the gentleman from California. I have a profound doubt that he can 
succeed, not because of any problem with his policy but because I am 
dubious that there are the tools available in that region for us to 
succeed using any policy. The tools we have to rely on for want of any 
others are the Government of Pakistan and the Government of 
Afghanistan. And I feel that they are both hugely unreliable reeds to 
lean upon, which is why I think that in that region we are 
unfortunately in an Eddie Stanky situation, because those governments 
are corrupt, they are weak, they are chaotic, they appear to lack the 
focus and cohesion and effectiveness to turn the countries around.
  Nonetheless, it's clear to me that there is a consensus to try to do 
something to stabilize the situation. If we're going to go down that 
road, I want the President to get everything that he asked for and then 
some to maximize his chances for success. And that is what this bill 
does. I frankly have very little faith that it will work.
  I came here in 1969, 3 months after Richard Nixon became President. I 
was vehemently opposed to the Vietnam War. But Nixon correctly pointed 
out that he had inherited that war from his Democratic predecessor, 
Lyndon Johnson. And so I thought, well, it's reasonable for him to ask 
for some measure of time to see whether he could move the policy 
forward. So I decided to give him a year before I started speaking out 
against the war, and that's what I did. I'm pretty much in the same 
situation today, and that's why this bill contains the following 
language.
  It says: ``Because the stability and security of the region is tied 
more to the capacity and conduct of the Afghan and Pakistani 
Governments and to the resolve of both societies than it is to the 
policies of the United States, the President shall submit a report to 
Congress not later than the date of submission of the fiscal year 2011 
budget, assessing whether the Governments of Afghanistan and Pakistan 
are, or are not, demonstrating the necessary commitment, capability, 
conduct, and unity of purpose to warrant the continuation of the 
President's policy. The President, on the basis of information gathered 
and coordinated by the NSC, shall advise the Congress on how the

[[Page H5623]]

assessment requires, or does not require, changes to that policy. The 
measures used to evaluate the Afghan and Pakistani Governments' record 
of concrete performance shall include the following standards of 
performance:
  ``Number one, level of political consensus and unity of purpose 
across ethnic, tribal, religious, and party affiliations to confront 
the political and security challenges facing the region.
  ``Two, level of government corruption and action taken to eliminate 
it.
  ``Three, performance of the respective security forces in developing 
a counterinsurgency capability, conducting counterinsurgency 
operations, and establishing population security.
  ``Four, performance of the respective intelligence agencies in 
cooperating with the United States on counterinsurgency and 
counterterrorism operations and in purging themselves of policies, 
programs, and personnel that provide material support to extremist 
networks that target U.S. troops or undermine U.S. objectives in the 
region.
  ``Five, ability of the Afghan and Pakistani Governments to 
effectively control the territory within their respective borders.''
  So there are no deadlines, no conditions, no timelines. But there are 
very clear measurements against which we should be able to judge the 
performance of the Afghanistan and Pakistani Governments. I believe 
that if this policy fails, it will not fail because of any lack of 
imagination or effort on the part of this administration.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. Mr. Speaker, I yield myself another 5 minutes.
  If that policy fails, in my judgment it will fail because of the 
failure of the two governments in the region to do what's necessary to 
save their own countries.
  I hope I can come here a year from now when we are evaluating the 
President's policy and evaluating the performance of those two 
governments. I hope I can say my judgment was wrong, these countries 
have performed far better than we expected. But only time will tell. I 
think we have no choice but to give the President a shot. It's a 
miserable situation that he has inherited, and he does not have a good 
hand to play.
  Having said that, I also want to note that, in addition to dealing 
with this problem, we deal with a number of other problems in this 
bill. We deal, as the gentleman from Wisconsin (Mr. Kind) indicated, 
with the need to renew our ability to provide farm loans. We deal with 
the need for additional food aid around the world. We deal with the 
need to add $500 million to the President's request to deal with the 
pandemic flu problem that could be facing us. We've had over 11,000 
layoffs of public health officials at the State and local level, and 
that is not going to stand us in good stead if we have to deal with the 
flu pandemic, so we're trying to fill those holes.
  So let me simply close, Mr. Speaker, by saying this is a bill that I 
have very little confidence in, but I have a responsibility as 
committee chairman to move the process forward. I think we have a 
responsibility to give the new President, who did not get us into this 
mess, the best possible opportunity to get us out of it. So that's what 
this bill attempts to do. I make no apology for it. I urge support for 
it.
  I want to thank the staff especially for their work, especially led 
by Beverly Pheto of the central office and the staff members on both 
sides of the aisle. I appreciate the hard work done by the 
Appropriation subcommittee Chairs and ranking members and other members 
of the committee as well. I appreciate the frustration of each and 
every Member of this House.
  This is a no-win bill no matter how you vote on it. It's a mess. And 
let's hope that with God's help we can get out of it in a reasonably 
decent time.
  Mr. BECERRA. Mr. Speaker, this past November 2008, the American 
people made a decisive choice to change the course of American policy. 
We wanted change. We asked for change. And that's what we got. Today we 
vote to set in motion further change in the conduct of our foreign and 
national security policy. H.R. 2346, the Supplemental Appropriations 
Act of 2009, asks us to make some tough choices to achieve that change.
  President Barack Obama is prepared to make the tough choices. I 
believe we must step up to the plate and do the same by voting for H.R. 
2346. It is the right choice to responsibly redeploy our troops from 
Iraq, to secure and stabilize Afghanistan and Pakistan, and to 
aggressively pursue every avenue of diplomacy to secure international 
support and cooperation for new policies that will lead to lasting 
security and prosperity for every corner of the world.
  Some might question aspects of the President's strategy. Some might 
think we can move faster, farther, or smarter. That could be right. But 
in its totality, this proposal is far-reaching yet pragmatic about the 
facts we face on the ground in today's global hot spots.
  In addition to funding for military operations, this measure includes 
a number of important policy provisions and support for the tools of 
``soft power'' that will save lives. It is high time that we make real 
investments in American diplomacy--investments that put men and women 
in suits on the frontline before placing our men and women in uniform 
in harm's way. The Supplemental Appropriations Act extends the 
prohibition on construction of permanent military bases or 
installations in Iraq and Afghanistan. The President will be required 
to provide Congress with a detailed plan to close the detention 
facility at Guantanomo Bay. And this legislation will compensate our 
troops who have had their service compulsorily extended.
  Mr. Speaker, make no mistake, I am troubled by the Iraqis' lack of 
progress in taking control of their security and economy. I am 
concerned about how we will navigate the treacherous waters of 
Afghanistan and now Pakistan. I firmly believe our government and our 
military must have a coherent exit strategy in the region. Yet I see in 
this legislation the elements of a long-term strategy to change the 
course of affairs in a challenging part of the world where we cannot go 
AWOL.
  These are tough times filled with tough choices. But, today, the 
world believes we are ready to lead. Let us support the President. Give 
him a chance to take our country in a new direction. Let us pass the 
Supplemental Appropriations Act of 2009.
  Mr. NADLER of New York. Mr. Speaker, I rise today to reluctantly 
support the Supplemental Appropriations Act of 2009, H.R. 2346.
  A lot has changed since we last voted on supplemental spending bills 
for the wars in Iraq and Afghanistan. The American people have spoken 
and we have elected a new President who has promised to end the 
conflict in Iraq. The President ordered a full review of our military 
policy and announced a firm date for the removal of combat troops from 
Iraq--August 2010. It is not as early as I would have liked, but he has 
announced that the end is in sight and he will draw that conflict to a 
close. This bill is consistent with that plan to safely redeploy our 
troops out of Iraq.
  I am, however, deeply concerned about our plans for Afghanistan. 
Immediately following the attacks of September 11, 2001, I fully 
supported the initial war in Afghanistan. I support our efforts to 
destroy terrorist training camps and to pursue and defeat Al-Qaeda 
wherever it may be. I support providing the military equipment and 
support to our troops that they need to ensure their safety.
  I am more concerned, frankly, with the problem of mission creep. It 
is one thing to seek to ensure that Al-Qaeda cannot use sanctuaries in 
Afghanistan to plan attacks on the United States. It is quite another 
to seek to remake Afghanistan. I doubt very much that we will be able 
to eradicate their poppy crops, end corruption, and ensure equal rights 
for all in Afghanistan. Nor is it our job to remake Afghanistan.
  I am voting for this bill today, because it provides the funds for an 
orderly withdrawal from Iraq to an Administration I trust to arrange 
such an orderly withdrawal as soon as possible. It also supplies funds 
for aid to Israel, for combating HIV/AIDS, for combating the swine flu, 
and for many other worthwhile projects. But I want to be clear. I will 
not support an open-ended long term commitment in Afghanistan. I am 
concerned that the goals may very well be too ambitious, too vague, and 
too costly--in lives and treasure--for our country. I will continue to 
monitor the situation closely, and I will oppose funding for 
unrealistic mission creep.
  I do not take these votes lightly, and these votes do not occur in a 
vacuum. As circumstances both on the ground and, quite frankly, within 
the United States government change, each vote for military funding 
must be considered on its own merits. At this point, with a new 
Administration here in the United States and with the situation in 
Afghanistan and Pakistan particularly dire, I have decided to vote in 
favor of the Supplemental Appropriations Act.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I want to thank Chairman Obey 
and Ranking Member Lewis for their leadership in bringing this 
important and timely legislation to the floor. H.R. 2346, the 
Supplemental Appropriations Act establishes funding levels for defense, 
international affairs, and influenza preparedness, and also addresses a 
number of key issues, including conditions on aid to Pakistan, 
assistance to North Korea, and the status of President Obama's plans to 
shut down

[[Page H5624]]

the Guantanamo Bay prison. The Administration requested a net total of 
$83.4 billion in additional supplemental appropriations for FY2009, 
comprised of $86.8 billion in new appropriations, offset by $3.4 
billion of recessions of previously appropriated funds. H.R. 2346 
increases the Administration's request by over $11.8 billion for a 
total of $96.7 billion. It includes:
  Defense. Providing a total of $84.3 billion for the Department of 
Defense, including military construction, an increase of $8.5 billion 
to the request of $75.8 billion (net of offsetting rescissions).
  International affairs. Providing a total of $9.4 billion for 
international affairs programs (including P.L. 480 food assistance), an 
increase of $2.4 billion compared to the request.
  Influenza preparedness. Providing $2.05 billion for influenza 
preparedness, an increase of $550 million over the $1.5 billion 
requested. Of the total in the bill, $1.85 billion is for the 
Department of Health and Human Services and the Center for Disease 
Control & Prevention to supplement federal stockpiles, develop and 
purchase vaccines, and to expand detection efforts. It includes $350 
million in unrequested funds to assist state and local governments in 
preparing for and responding to a pandemic; and $200 million also 
unrequested, to support global efforts to track, contain, and slow the 
spread of a pandemic in the foreign affairs budget for Global Health 
and Child Survival.
  Mr. Speaker as you know, Texas was hit especially hard by the H1N1 
virus. The only two deaths from complications with the virus were in 
Texas, the first--a toddler visiting my district.
  North Korea. Rejects a request for $34.5 million in Department of 
Energy non-proliferation funds to dismantle nuclear facilities in North 
Korea and rejects $95 million requested for energy assistance to North 
Korea in the foreign assistance accounts.
  Aid to Pakistan. Provides $400 million to the Department of Defense, 
as requested, for the Pakistan Counterinsurgency Fund to finance 
training and other assistance to the Pakistani military. The Chairman's 
mark of the bill originally transferred the funds to the Department of 
State, but Representative Obey offered a manager's amendment at the 
beginning of the committee markup that restored the funds to the 
Department of Defense. In the foreign assistance portion of the bill, 
$897 million, ($91 million above the request), is provided for 
construction of facilities and for diplomatic operations in Pakistan 
and $529 million of economic assistance.

  Conditions on assistance to Pakistan and Afghanistan. Administration 
officials strongly objected to legislated benchmarks on the performance 
of the Pakistani government, arguing that conditions on aid would not 
improve U.S. leverage but would more likely foster resistance to U.S. 
efforts. Instead of setting benchmarks tied to funding, the Committee 
included a requirement that the President submit a report to Congress 
no later than February 2010, when the FY2011 budget is submitted, 
evaluating the conduct and commitment of the governments of Afghanistan 
and Pakistan. The report is to include assessments of each nation's 
level of political commitment to confront security challenges; level of 
corruption and efforts to counter it; performance of security forces in 
counterinsurgency operations and in establishing population security; 
intelligence cooperation with the United States; and the ability to 
effectively control its territories.
  Closure of the Guantanamo Bay Prison. The Committee did not authorize 
the Administration request for $50 million for the Department of 
Defense to transfer prisoners out of the Guantanamo Bay facility nor 
did it seek to appropriate the $30 million requested for the Department 
of Justice to create a task force to facilitate legal activities 
associated with the closure.
  Border security and counternarcotics assistance to Mexico. Approving 
$350 million requested for the Department of Defense for 
counternarcotics activities on the Mexican border, including up to $100 
million for transfer to other federal agencies. In the foreign aid 
chapters of the bill, $160 million is provided for Mexico in the 
International Narcotics Control and Law Enforcement (INCLE) account. 
This bill will also add $310 million for Mexico in the Foreign Military 
Financing Program for surveillance planes, helicopters, other 
equipment, and support activities.
  These are truly efforts that the people in my district are dealing 
with each and every day. As a Subcommittee Chair on the Homeland 
Security Committee, I am working daily to ensure that we address the 
violence spilling over from Mexico by coordinating law enforcement 
efforts and working with our Border Patrol personnel.


                                PAKISTAN

  I have been to Pakistan many times. My belief in this country and its 
relationship with the United States drove me to co-chair the Pakistan 
Caucus. This year alone, I have participated in two Congressional 
Delegation Trips to Pakistan, and I am very passionate about diplomatic 
relations between our two countries.
  Recently we have focused on the internal conflicts in Pakistan; yet 
we must not forget the external issues affecting the region as a whole 
and the need for stabilization.
  Over the years, our assistance to Pakistan has fluctuated with 
political events, sending mixed messages and leading most Pakistanis to 
question both our intentions and our staying power. Today, 
many Pakistanis believe the United States will cut and run when it 
serves our purpose, a belief which undermines our long-term efforts to 
defeat extremists, foster democratic change, support transparency, and 
assist institutions that promote security and stability in Pakistan.

  However, the status quo is not working; while many in the United 
States believe we are paying too much and getting too little--most 
Pakistanis believe exactly the opposite. Without changing this 
baseline, I must agree with the Administration; that there is little 
likelihood of drying up popular tolerance for anti-U.S. terrorist 
groups or persuading Pakistani leaders to devote the political capital 
necessary to deny such groups sanctuary and covert material support. We 
must continue to support Pakistan if we want a stable Middle East and 
an end to the wars in Iraq and Afghanistan.


                         MILITARY and STOP-LOSS

  Finally, Mr. Speaker I want to touch on an issue that is affecting 
many military men and women in my district and in the nearby community 
that houses Fort Hood. The largest active duty armored post in the 
United States, and is the only post in the United States that is 
capable of supporting two full armored divisions. This bill seeks to 
appropriate $734 million in unrequested funds for additional pay for 
more than 170,000 servicemembers who have had their enlistments 
involuntarily extended since Sept. 11, 2001.
  This total allows for payments of $500 per month for every month 
servicemembers were held on active duty under ``stop-loss'' orders. As 
you know, stop-loss is a practice that has prevented tens of thousands 
of our active-duty military servicemembers, and reservists from leaving 
military service on time if they were scheduled to deploy to Iraq or 
Afghanistan. More than 13,000 soldiers remain unable to exit the 
military under the policy, known as stop-loss, which was put in effect 
after the attacks of September 11, 2001, and then expanded in 2004 as 
the Army struggled to sustain two large war efforts.
  Some 120,000 soldiers have been affected by stop-loss in its various 
forms since 2001. Even Secretary Gates said that stop-loss ``amounted 
to breaking faith with those in uniform.'' Secretary Gates recently 
announced a timetable that would cut in half by June 2010 the number of 
troops affected by stop-loss, with the practice all but eliminated by 
March 2011. I applaud his efforts and those made by Congressman Murtha 
and Chairman Obey with H.R. 2346.
  For the number of troops affected by stop-loss increased sharply 
under the troop increase for Iraq that President George W. Bush ordered 
in early 2007. According to Pentagon statistics, 13,200 people are now 
under stop-loss orders: 4,458 in the Army National Guard, 1,452 in the 
Army Reserve and the rest from the active component.
  At its core, the stop-loss policy meant that all troops headed to 
Iraq and Afghanistan would remain in service throughout their unit's 
deployment--even if the time on an individual soldier's enlistment 
contract expired before the deployment ended. The Army has said the 
rule was required not just to sustain the numbers necessary to carry 
out two wars, but also to maintain continuity in leadership and 
cohesion within units that trained for and then were deploying to war.
  This policy has been abused for far too long, and like the wars in 
Iraq and Afghanistan--it must end soon. It is a strain on our troops 
and their families.
  I urge my colleagues to think of these reasons along with the many 
others as they cast their votes today. We must support those that wish 
to serve, are currently serving, and have served our great Nation. This 
supplemental appropriation will do just that.
  Mr. HOLT. Mr. Speaker, I will support this bill, albeit very 
reluctantly.
  This supplemental appropriations bill contains a number of provisions 
I'm pleased to support. This bill provides long-overdue retroactive 
``stop loss'' compensation payments to more than 170,000 servicemembers 
who had their enlistments involuntarily extended. It also provides 
nearly $5 billion for additional Mine Resistant Ambush Protected (MRAP) 
vehicles for U.S. forces in Afghanistan and Iraq. The bill renews our 
commitment to meaningful engagement in the Middle East by providing 
Israel with $555 million of the $2.8 billion of the 2010 request for 
security assistance, as well as $665 million in bilateral economic, 
humanitarian, and security assistance for the West Bank and Gaza. I am 
also pleased that the bill provides $2 billion for pandemic flu 
response, as well as $500 million for global

[[Page H5625]]

emergency food assistance. These are all worthy and necessary 
expenditures.
  As the chairman of the Select Intelligence Oversight Panel (SIOP), I 
want to briefly discuss our work on this bill. The SIOP reviewed the 
intelligence activities contained in this request. While the dollar 
amounts are classified, I can tell my colleagues that this bill 
contains many of the same justifiable activities we have seen in 
previous years with two exceptions. The first exception is the 
administration's request, which this bill includes, for additional 
funding for the operations in Afghanistan. Intelligence has been a 
vital component of our overseas military activities, and this bill 
ensures that proper intelligence will be available to those on the 
front lines in Afghanistan. The second exception is that this 
administration has begun the process of shifting continuing activities 
from emergency supplemental bills to the base appropriations bill.
  Overall, however, I have grave concerns about the direction of our 
spending and policy focus in Afghanistan. I recognize that this 
conflict was neglected for far too long because of our misadventure in 
Iraq and that we are now paying the price for that neglect. I am 
concerned that in our haste to try to recover lost ground--literally as 
well as figuratively--we may commit some of the same errors that 
bedeviled our efforts in Iraq.
  I have heard many people in this body and elsewhere in our government 
say that ``the United States cannot afford to lose in Afghanistan.'' 
That statement presumes that it is a war that is solely ours to win or 
lose--that the outcome will be decided by our willingness to commit 
still more blood and treasure to this conflict. That is a fallacy, the 
same fallacy that caused us to misdirect our efforts in Iraq for so 
long with such disastrous consequences. We would do well to remember 
what U.S. counterinsurgency specialist William Polk said in his 2007 
book Violent Politics:

       We should begin by noting what is common to all 
     insurgencies. No matter how they differ in form, duration, 
     and intensity, a single thread runs through them all: 
     opposition to foreigners.

  As in Iraq, we cannot solve the Afghan's problems for them; we are 
foreign occupiers of their country and will forever be seen that way by 
the population. We can support them in their effort to build a stable 
and just society, but they must be the leaders in that effort.
  To that end, we should also bear in mind the words of the authors of 
the current U.S. Army and Marine Corps Counterinsurgency Field Manual:

       Long-term success in [counterinsurgency] depends on the 
     people taking charge of their own affairs and consenting to 
     the government's rule . . . Political and military leaders 
     and planners should never underestimate its scale and 
     complexity; moreover, they should recognize that the Armed 
     Forces cannot succeed in [counterinsurgency] alone.

  The supplemental appropriations bill before us spends $47.7 billion 
on the ongoing military operations in Afghanistan and Iraq compared to 
$4.3 billion for international affairs and stabilization activities in 
Iraq, Afghanistan, and Pakistan. Perhaps the ratio should not be 
reversed, but it should certainly be far more balanced than it is--and 
there should be some type of timeline for the transition of security 
responsibilities from our forces to the government of Afghanistan.
  My recent visit to Iraq with Speaker Pelosi convinced me that the 
certainty of our withdrawal from that country has focused the minds of 
Iraq's leaders on the need to deal with their many unresolved domestic 
problems. We need to create that same sense of urgency among 
Afghanistan's leaders, but I fear that this bill will not have that 
effect. I intend to join like-minded House colleagues in seeking ways 
to create that sense of urgency in this body, and ultimately on leaders 
in Afghanistan and Pakistan. As a first step, I have co-sponsored a 
bill by my friend from Massachusetts, Representative Jim McGovern, that 
would require the Secretary of Defense to present to Congress an exit 
strategy for Afghanistan. The conflict in Afghanistan, and the emerging 
conflict in Pakistan itself, cannot be solved by us through military 
means--it can only be solved politically through a joint effort by us 
and our allies. I hope we will be able to begin making that transition 
in the Fiscal Year 2010 budget later this year, and by passing 
Representative McGovern's bill as soon as possible.
  Mr. HONDA. Mr. Speaker, today, I will vote against H.R. 2346, the 
Supplemental Appropriations Act of 2009. While I have great faith in 
the new Obama administration and support many of the provisions within 
the supplemental, I have a number of concerns that precluded me from 
supporting the bill in its current form. I recognize that our new 
administration believes that this supplemental is a necessary carryover 
from the previous administration, but I cannot support the continuation 
of the Bush Administration's failed modus operandi in Afghanistan, 
Pakistan, and Iraq, and the mis-proportioned 90-10 doctrine of 
assistance allocation--that is, 90 percent for military investments and 
only 10 percent for political, economic, and social development.
  For the past several weeks, I have been working with Congressional 
Progressive Caucus (CPC) Co-chair Grijalva to convene a series of 
panels featuring Afghan and Pakistani diplomats and security experts to 
discuss a variety of security issues related to Afghanistan and 
Pakistan. As I reported to President Obama in early May on behalf of 
the CPC, this six-part forum has produced a number of recommendations 
for essential elements that should be a part of our strategy going 
forward, including: (1) building the countries' infrastructure, 
industry, markets and workforce; (2) involving local leaders at all 
levels of decision-making; (3) supporting the countries' most effective 
indigenous reconstruction, stabilization and conflict resolution 
strategies; (4) educating girls and integrating women into political 
and economic leadership; and (5) ensuring oversight so that foreign 
resources support the goals mentioned above.
  This Supplemental represents our first opportunity to correct the 
failed approaches of the past, but unfortunately we have not done so. 
Going forward, I hope that we can work closely with the President to 
ensure a policy more aligned with the 80-20 model often quoted by 
General David Petraeus, which would invest 80 percent of resources into 
political capacity and institutions with only 20 percent for military.
  In this regard, I, along with other members of the Progressive 
Caucus, have presented our findings and specific recommendations to our 
colleagues in Congress, with the intention of informing and improving 
U.S. policy in Afghanistan and Pakistan. Again, while I am not 
supporting this current Supplemental, I was pleased to hear in our 
meeting with the President, that his FY2010 budget request will move in 
this direction.
  Ms. MOORE of Wisconsin. Mr. Speaker, I share the concerns raised by 
many about whether this bill reflects the ``perfect'' strategy for 
Afghanistan and Iraq.
  The stakes are high in Afghanistan and the challenges are complex. As 
then-Senator Barrack Obama noted in July 2007, ``the Afghan-Pakistan 
border region is where the 9/11 attack was plotted. It is where most 
attacks in Europe since 9/11 originated. It is where Osama bin Laden 
lives and his top confederates still enjoy safe haven, planning new 
attacks. And it is where we must urgently shift our focus . . . using 
the totality of America's strength, not merely our military, incredible 
as it is.''
  For the first time since I have been here in Washington, discussion 
about a supplemental has focused on where most of our efforts since 9/
11 should be: Afghanistan.
  I am encouraged that we finally have a President who is committed to 
a redeployment of our troops from Iraq so that we can focus on where 
the threats from Al-Qaeda originated on September 11 and which 
unfortunately we have seen the threat to our country, to Afghanistan, 
and to Pakistan grow in the past few years. The Supplemental is 
consistent with the President's plan to begin winding down the number 
of combat troops in Iraq over the next several months.
  While I wish we did not need to have military forces in Afghanistan, 
the deteriorating security situation will necessitate more U.S. 
troops--at least for a time--to help ``disrupt, dismantle, and 
destroy'' safe havens for Al-Qaeda. Creating a situation in Afghanistan 
that prevents the return of the Taliban and al Qaeda is clearly a 
priority for our national security.
  It's a decision I take with a heavy heart and after much 
deliberation. I err on the side of peace. I never look forward to 
sending more of our brave young soldiers to the battlefield or for war. 
Yet, it is unfortunately clear to me that military forces must continue 
to be a part of our effort in Afghanistan to help protect innocent 
Afghan civilians.
  This increase in forces must be accompanied by clear guidelines to 
minimize civilian casualties that have only inflamed public opinion in 
Afghanistan against the U.S. and its coalition partners.
  We cannot win any war where we lose the support of the local 
populace.
  The use of airstrikes that may have killed some terrorist leaders but 
also killed or injured more innocent civilians--such as the attack from 
earlier this week--and fanned anti-American sentiment must be 
reexamined at the highest levels of our defense establishment.
  But if we have learned anything from the situation in Iraq, it is 
that military force alone is not sufficient in and by itself to achieve 
our nation's foreign policy objectives in combating terrorism. I remain 
concerned that a strategy that relies on our military alone--who have 
served and continue to serve with valor, honor, and dedication and done 
all that their country has asked of them--to address the vast range of 
challenges facing the Afghanistan government and people is not a viable 
way forward in Afghanistan.
  Yet, without security, the Taliban will continue to disrupt and 
destroy U.S. and international efforts to boost health care, 
governance, and economic growth in the country, as

[[Page H5626]]

evidenced by the continuing attacks against innocent girls who have now 
been empowered to go to school and get an education.
  I am also concerned about the growing influence of the Taliban on 
Afghanistan's government and what that would mean for the respect for 
human rights, including the rights of women and the future of women and 
girls if we allow Afghanistan to become a failed state.
  Development in Afghanistan cannot occur if we do not protect and 
empower the 50 percent of the population that are women. However, the 
prospects for women and girls in Afghanistan under the Taliban or a 
government heavily influenced by the Taliban are chilling.
  We saw this growing influence I believe with the March 2009 approval 
by Afghan's parliament of a law that would, according to news reports, 
legalize marital rape, strip mothers of custodial rights in the event 
of a divorce, and prohibit a woman from leaving her home unless her 
husband gives his approval.
  This law violates the basic human rights of women under several 
international treaties and convention and appears to contravene 
Afghanistan's own constitution.
  This law has been rightly condemned by President Obama and others 
around the world and I urge President Karzai to officially reject it as 
well.
  Its passage is a troubling omen of what the future holds for many of 
the committed women and girls who have courageously stepped out of the 
shadows since the fall of Taliban rule in Afghanistan in 2001.
  I have advocated for a comprehensive strategy in Afghanistan and a 
comprehensive strategy will include the appropriate and judicious use 
of our military forces--otherwise it would not be comprehensive. It is 
clear that the Afghan security forces are overwhelmed and under-
resourced to combat Al-Qaeda. In Afghanistan--a country that has both a 
larger population and a larger geography than Iraq--current U.S. forces 
are one-fifth the size of the forces in Iraq.
  We must support efforts by the Afghanistan government to improve 
security for the millions of innocent Afghans whose future is 
threatened by the Taliban and Al-Qaeda.
  An important piece of a comprehensive strategy is an exit plan. That 
is an unfortunate gap in the bill before us, but nothing prevents the 
House or Congress from addressing that issue in the days or weeks 
ahead.
  I am an original cosponsor of legislation by Congressman James 
McGovern that asks the Secretary of Defense to provide Congress with a 
plan for an exit strategy for U.S. military operations in Afghanistan 
by the end of the year. I look forward to helping move it through the 
House as soon as possible.
  Additionally, the increase in fighting forces in Afghanistan 
undertaken by this Administration must be matched by concomitant 
increases in diplomatic, development, and other nonmilitary aid.
  The FY 2009 supplemental remains the most immediate avenue available 
at this point to secure the $7 billion in foreign aid requested by the 
President to support his boost for such efforts in Afghanistan, 
Pakistan, and elsewhere. In fact, this bill would add $3 billion to the 
President's request.
  The $5.1 billion in the bill for Afghanistan is a significant step in 
the right direction. The $3.6 billion for training Afghan security 
forces and police; $980 million for economic development and expanding 
the rule of law and combating corruption; and $536 million for 
increased U.S. civilian and diplomatic staff are key parts of the 
Administration's new strategy for the region and will hopefully pave 
the way for the Afghan government to take the lead in securing its 
territory and meeting the needs of its people. On that point, today, 17 
members of the Wisconsin National Guard--most of them based in 
Milwaukee--will return home after 10 months in Afghanistan training and 
advising the Afghan National Police.
  I don't need to mention the critical need for the Pakistan assistance 
as troubling media reports surface by the hour that graphically 
illustrate the challenge facing that country and its government in its 
battle against Al-Qaeda and insurgent groups. The House bill would 
provide over $2 billion for Pakistan, almost $600 million more than 
requested by the President to boost State Department and civilian 
staffing, to strengthen governance and economic development efforts.
  While I wish the mix between military aid and development and other 
aid in the bill were different, I also realize that this bill is taking 
an important step to better balance that mix while acknowledging a 
difficult reality for there are hundreds of thousands of troops still 
in war zones and at the same time, there is a lack of staffing at USAID 
and State that will need to be addressed to properly support a more 
forceful role for those agencies going forward.
  The bill also addresses a number of other priorities including 
compensating all members of our military who were subject to the DoD's 
stop loss policy after September 11, boosting funding for MRAP's to 
protect our troops from IED's, and providing over $1 billion for 
medical care to servicemembers and their family members, including 
research and treatment of PTSD and TBI.
  The supplemental would also provide millions in funding for new 
wounded warrior facilities to help soldiers wounded in combat to 
recover and to support their families through that process. It would 
speed up the construction of new military hospitals in Bethesda and at 
Fort Belvoir and provide over $1 billion for family support programs 
including improving access for families to child psychologists, child 
care, child development centers, financial counseling and other 
support.
  Important funding is also included to facilitate the Middle East 
Peace process including economic aid and security assistance for 
Israel, Egypt, West Bank and Gaza, Jordan, and Lebanon.
  The bill also makes investments in efforts to combat pandemic flu, to 
aid developing countries negatively affected by the global financial 
crisis, and to extend the compassion and aid of the American people 
though the provision of food aid, refugee assistance, and support of 
peacekeeping operations.
  While I am disappointed by the fact that there are no deadlines or 
timelines in the bill before the end of Fiscal Year 2009 which is 
covered by the funding in this bill, Congress will certainly have the 
opportunity to examine whether or not these new policies are working 
and how to make effective changes both for the sake of our national 
security and for the people of Afghanistan and Pakistan.
  This bill is not ``perfect'' and can be improved. I hope it will get 
better and stronger when it goes to conference including the addition 
of more funding for the State Department to conduct diplomacy, build 
schools, hospitals and roads, and promote economic growth. Any efforts 
to reduce funding for these goals and funding for some of the important 
programs I have outlined below the levels in this bill will be of 
concern to me.
  Mr. CONYERS. Mr. Speaker, one of the great strengths of our nation is 
our collective ability to learn from our mistakes--to reject 
conventional thought and embrace innovation. During his short time in 
office, the President has been the physical embodiment of this 
strength. He has challenged the status quo where he has found it and 
laid bare the contradictions inherent in policies and modes of thought 
that have outlived their usefulness. From reforming our domestic auto 
industry, to turning away from outdated forms of energy production, to 
finally recognizing that a person's health and a person's ability to 
work are, in fact, intimately related, the President is leading our 
nation toward progress.
  It is unfortunate then, that the President has not challenged our 
most pervasive and dangerous national hubris: the foolhardy belief that 
we can erect the foundations of civil society through the judicious use 
of our many high tech instruments of violence. That belief, promoted by 
the previous administration in the wake of the terrorist attacks of 
September 11, assumes that the United States possesses the capacity and 
also has a duty to determine the fate of nations in the greater Middle 
East.
  I oppose this supplemental war funding bill because I believe that we 
are not bound by such a duty. In fact, I believe the policies of empire 
are counterproductive in our struggle against the forces of radical 
religious extremism. For example, U.S. strikes from unmanned Predator 
Drones and other aircraft produced 64 percent of all civilian deaths 
caused by the U.S., NATO, and Afghan forces in 2008. Just this week, 
U.S. air strikes took another 100 lives, according to Afghan officials 
on the ground. If it is our goal to strengthen the average Afghani or 
Pakistani citizen and to weaken the radicals that threaten stability in 
the region, bombing villages is clearly counterproductive. For every 
family broken apart by an incident of ``collateral damage,'' seeds of 
hate and enmity are sown against our nation.
  I must also oppose this resolution because of the decision to strip 
$80 million in funding for the closure of the detention center located 
at Guantanamo Bay during deliberations in the Appropriations Committee. 
Here as well, I implore my colleagues to consider the message we send 
to the world about our commitment to the rule of law. Closing this 
sordid chapter in our national history is a tremendously important part 
of our campaign to win the hearts and minds of the people of 
Afghanistan and Pakistan.
  There are those who will say that the Taliban and the tribal warlords 
of the Pashtun will not yield to reason or diplomacy. This may be true. 
However, this vote is a referendum on our means, not on our goals in 
the region or our commitment to defeating those who would wish us harm. 
The President has assembled the best minds that our nation has to 
offer. He has all of the myriad tools of statecraft at his disposal. 
With these factors in mind, I refuse to believe that constraining these 
tribal warlords and extremists, whose influence is limited to a 
mountainous and economically derelict region halfway around the world, 
requires the mightiest nation in the world to indefinitely

[[Page H5627]]

commit our precious national resources in this particular manner.
  Obviously, Afghanistan is not Iraq. It presents unique geographic, 
economic, and cultural challenges that will be orders of magnitude more 
difficult to solve. Let us remember that we are on the verge of 
extracting our troops and treasure from the quagmire of Iraq. Over the 
last six years, the strength of the forces of arrogance has waned as a 
direct result of our national experience with the horrors, costs, and 
futility inherent in a military occupation. Yet, here we are--on the 
precipice of hastily injecting our military men and women into a far 
more difficult and unwieldy situation.
  Should we support this measure, we risk dooming our nation to a fate 
similar to Sisyphus and his boulder: to being trapped in a stalemate of 
unending frustration and misery, as our mistakes inevitably lead us to 
the same failed outcomes. Let us step back; let us remember the 
mistakes and heartbreak of our recent misadventures in the streets of 
Fallujah and Baghdad. If we honor the ties that bind us to one another, 
we cannot in good faith send our fellow citizens on this errand of 
folly. It is still not too late to turn away from this path.
  Mr. ETHERIDGE. Mr. Speaker, I rise in support of this important 
legislation, which makes emergency supplemental appropriations for 
Fiscal Year 2009. H.R. 2346 provides our troops what they need for 
their missions in Iraq and Afghanistan, provides appropriate 
Congressional oversight for our military and national security efforts, 
and ensures the continued safety and security of our citizens.
  This bill contains $96.7 billion to support our efforts to fight in 
Iraq, Afghanistan, and Pakistan and to protect against pandemic flu. As 
the representative of Fort Bragg and Pope Air Force Base, I'm pleased 
that this bill provides $3.2 billion for quality of life initiatives--
including funding for military child care centers, military hospitals 
and wounded warrior facilities. It includes an additional $500 per 
month for each soldier who has served involuntarily after their 
enlistment ended, recognizing the sacrifices that they have made in 
necessary service to our country.
  The legislation supports the President's plan to end the war in Iraq 
and bring our soldiers home, and supports his efforts to refocus our 
efforts to root out terrorism in Afghanistan and Pakistan. It also 
contains an important provision to prevent the release of prisoners 
from Guantanamo Bay, Cuba, into the United States and requires the 
President to submit a comprehensive plan regarding the proposed closing 
of the Guantanamo Bay facility to Congress before any action is taken.
  As the representative of a rural district that has seen farmers lose 
contracts and put on the brink of foreclosure, I am pleased that this 
bill contains emergency funding to address the shortfall in farm loan 
programs. North Carolina and 46 other states have loan backlogs that 
today cannot be funded, and the $71.3 million in this bill will help 
keep our farmers in business and our nation's food supply secure.
  Mr. Speaker, as we start to address the legacy of the failed policies 
of the past eight years and the deficit that we inherited, we must 
still invest in our priorities and ensure the safety and security of 
all Americans. This bill is the last time that we will address critical 
war funding needs outside of the regular budget process, and is a 
necessary step to providing a new direction for our military, our 
economy, and our nation. I will continue to work with my colleagues in 
Congress as well as the President and the Administration, to provide a 
new direction in Iraq and to meet the critical needs of the people of 
North Carolina's Second Congressional District.
  Mr. BLUMENAUER. Mr. Speaker, a little over 100 days ago, President 
Obama took the mantle of Commander in Chief and assumed responsibility 
for the tragic war in Iraq and the under-resourced conflict in 
Afghanistan. True to his promise, and my pledge to Oregonians, this 
Supplemental Appropriations bill starts the process of bringing the war 
in Iraq to a close. We are on track to end the combat mission in Iraq 
by mid-2010 and remove all U.S. military forces by the end of 2011.
  I have routinely opposed Supplemental Appropriations bills for the 
wars in the past as open-ended funding for a tragic conflict. For too 
long this type of emergency funding has been used to support misguided 
policies: avoiding responsible budgeting and thoughtful adjustments in 
the direction of our foreign and military policies. That's why I'm 
pleased that the Obama administration has also committed to 
transparency in war funding, both in this final Supplemental for Iraq 
and Afghanistan, and for including future costs in the baseline budget.
  There is much that is good and important in this bill, including 
substantial investments in humanitarian assistance overseas and in 
preparing for the next pandemic, which we fear swine flu may become in 
the future.
  Nevertheless, it was difficult to cast a vote in support of this 
Supplemental. I am troubled by some of the funding, including an 
increase in defense acquisitions and military assistance for some 
countries that haven't earned it, like Egypt. My greatest unease is 
perhaps the direction that has been taken in Afghanistan. I am not 
comfortable with the escalation there; my discomfort was heightened 
when I said goodbye on May 2 to the largest contingent of Oregon 
National Guard members sent overseas since World War II.
  I will give the new administration the benefit of the doubt because 
there is much in this bill to support and because they have inherited 
dire circumstances not of their making. But from this point forward, 
these conflicts are in the hands of the Obama administration and I will 
hold them to the same standard of accountability.
  Mr. STARK. Mr. Speaker, I oppose the supplemental appropriations bill 
for the wars in Iraq and Afghanistan.
  In Iraq, the American people were misled into a war that has cost our 
country almost $670 billion, with over 4,300 American lives lost and 
estimates showing hundreds of thousands of Iraqis killed. While 
President Obama's plan to scale down the troop levels in Iraq is a move 
in the right direction, I simply cannot justify any more spending for 
an illegitimate war.
  In Afghanistan, over 600 Americans have been killed and more than 
4,000 have been wounded. After years of mismanagement by the Bush 
Administration, we lack a clear objective and have no exit strategy.
  At a time when our country is facing serious economic peril at home, 
it is unconscionable that we would be sending almost $100 billion to 
further fund war efforts that have no clear goals and continue to 
undermine America's standing abroad.
  President Obama is moving America's foreign policy in a better 
direction, and he has shown superior judgment to President Bush on when 
we should send our troops into harm's way. However, I cannot support 
any more funding for these wars.
  Mr. LANGEVIN. Mr. Speaker, I rise today in support of H.R. 2346, the 
Supplemental Appropriations Act of 2009. The funding in this bill will 
provide our men and women in uniform the tools they need to protect our 
nation, while recognizing the sacrifices they and their families have 
made for this country.
  Unlike past war funding supplementals, this year's measure will focus 
on supporting a clear plan for ending the war in Iraq and bringing our 
men and women home safely and responsibly. This will be balanced with 
adequate resources to support a ``whole of government'' approach to 
combat Al Qaeda and the Taliban in Afghanistan and to support our 
allies in Pakistan as they fight a violent insurgency that threatens to 
envelop their country.
  This supplemental also supports Congress's critical oversight 
responsibilities by requiring the President to report on the 
performance of the governments of Afghanistan and Pakistan in five key 
areas by February of 2010. This will allow the Congress to evaluate the 
effectiveness of our new strategy in Afghanistan and ensure that we are 
providing everything troops need to get the job done.
  On the home front, the supplemental ensures that our nation is ready 
to respond to a full flu pandemic by providing funding for anti-viral 
drug and vaccine stockpiles as well as assisting state and local 
responders with the tools to fight such an outbreak.
  This bill ensures the safety of our nation by balancing our war 
efforts overseas with disaster response at home, and I urge passage of 
H.R. 2346.
  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 2346, the 
Supplemental Appropriations Act of 2009. I am supporting this 
legislation because it contains necessary funding for our troops at war 
in Iraq and Afghanistan and ensures they have the proper equipment and 
resources they need. However, I am pleased this is the last time we 
will use emergency supplementals to fund the wars in Iraq and 
Afghanistan, which grows our federal budget deficit and places the 
burden of paying for the wars on our children. From now on, we must 
keep our word and use supplemental appropriations only for true 
emergencies, like natural disasters, pandemic flu outbreaks, and 
terrorist attacks.
  In addition to providing funds for continued drawdown of troops from 
Iraq, refocusing military efforts in Afghanistan, and new strategic 
initiatives in Pakistan, this legislation contains much-needed funding 
to respond to urgent humanitarian crises involving refugees and 
internally displaced persons (IDPs). While I thank the Committee for 
including this assistance, I believe much more is necessary to respond 
to the dire situation Iraqi refugees and IDPs find themselves in since 
the beginning of the Iraq War. The United States has both a moral 
obligation to assist this displaced population--the largest since the 
Palestinian Diaspora of 1948--and also a strategic interest in 
stabilizing the region so young Iraqi men and women turn toward the 
future of their country rather than to violence and extremism because 
they have no place else to go.
  H.R. 2346 also contains relief for our troops who have been forced to 
remain on duty

[[Page H5628]]

through multiple tours of often intense combat missions. This bill 
contains $734 million to retroactively provide service members and 
veterans $500 for every month they served under stop-loss orders since 
2001.
  This bill has many other important provisions that I am pleased to 
support, like funding for pandemic flu response, fighting growing 
violence along the U.S.-Mexico border, and international food 
assistance during the global economic crisis. Mr. Speaker, I urge my 
colleagues to join me in voting ``yes'' for H.R. 2346.
  Ms. KILPATRICK of Michigan. Mr. Speaker, I rise in strong support for 
the work of our Chairman, John Murtha, our Ranking Minority Member, 
Bill Young, and the Democratic and Republican staff of the House 
Appropriations Committee on Defense. Unlike years past, this 
legislation demands that our President provide us with a plan as we 
move forward in Afghanistan; demands that our President provide us with 
a plan as we close down Guantanamo Bay; provides more funding for 
``stop loss'' and helps to protect our country against flu pandemics. 
This bill provides direction for the President and American citizens; 
is disciplined in its approach regarding Afghanistan, Pakistan and 
Guantanamo Bay; and is diligent in ensuring the wise use of tax 
dollars.
  First and foremost, I must thank Chairman Murtha and Ranking Minority 
Member Young, along with 118 of my colleagues, who helped to fight to 
preserve funding for the Stryker Medical Evacuation Unit. On April 1, 
2009, I sent this letter signed by my colleagues to Chairman Murtha to 
fight for funding for the Stryker MEV. Secretary of Defense Bob Gates 
recommended that this program be zero funded for the Supplemental, 
which would have had a devastating effect on the State of Michigan and 
others as well. I am a proud Progressive, and did not support the War 
in Iraq. Regardless of whether you support the war or not, we all agree 
that those servicemembers who voluntarily put themselves in harm's way 
should have the best equipment available. This Supplemental will 
provide close to $340 million for the Stryker. Without funding in the 
FY09 Supplemental, General Dynamics would be forced to cut more than 
1,000 employees in Michigan, Ohio, Alabama, Florida, and Pennsylvania. 
I am proud to have fought for the funding for this program that will 
allow the building of over 250 Strykers.

  An estimated 795 supplier companies would be impacted in 40 States. 
The direct economic impact to Michigan would be a loss of $241 million 
along with more than 19,000 jobs.
  The Stryker MEV or battlefield ambulance, which is what I, along with 
my colleagues, have been working to fund, offers our troops the best 
medical treatment. Its mobility, speed and protection levels have saved 
the lives of wounded soldiers. The Stryker MEV ambulance, which would 
be used to replace Vietnam-era M113s, offers greater interior space, 
carries more wounded soldiers, medics and medical supplies. It also 
features the latest in life support and medical monitoring systems and 
has air conditioning. Our servicemembers deserve this much for their 
battlefield ambulance.
  The Strykers have been deemed the soldier's ``first choice.'' 
Strykers are eight-wheel, armored combat vehicles that can be 
transported in a C-130 plane. There are 10 configurations of the 
Stryker including the Infantry Carrier Vehicle, ICV, and the Mobile Gun 
System, MGS.
  The contract for Strykers was awarded in 2000 to General Dynamics 
Land Systems and a former subsidiary of General Motors, GM Defense. 
They were designed in Sterling Heights, Michigan and are manufactured 
in Lima, Ohio and Anniston, Alabama, by General Dynamics Land Systems, 
with many of the key components of the Stryker designed and built by 
the United Auto Workers labor union.
  The first Stryker vehicles were deployed in 2002. Since then, more 
than 2,700 vehicles have been delivered and more than 18,000 soldiers 
have been trained. The fleet has accumulated 22 million miles.
  Key characteristics of the Stryker are survivability and mobility. 
The vehicle allows soldiers to maneuver in close quarters, offers 
protection in open areas and can quickly transport troops to key 
battlefields. The Army selected the Stryker because it provides the 
best protection, performance and value for the Army's Bridge Combat 
Teams. The Stryker, named after two individuals who earned the Medal of 
Honor, is one of the preferred vehicles of the U.S. Marine Corps. 
Perhaps Col. Robert Brown, commander of the 1st Brigade, 25th Infantry 
Division, Multinational Force--Northwest which is equipped with 
Strykers, could make the best argument for the Stryker:

       The Stryker brigade has fought from Fallujah, Baghdad, 
     Euphrates River Valley and then up in the Tigris River Valley 
     and all the way up to Mosul in northern Iraq and out to the 
     border out in Syria over the last year.
       The Stryker's fantastic. It has incredible mobility, 
     incredible speed. It has saved hundreds of my soldiers' 
     lives. I'm telling you hundreds of their lives. We've been 
     hit by 84 suicide VBIEDs, and I've had the greater majority 
     of soldiers walk away without even a scratch. It's absolutely 
     amazing. If I were in any other type vehicle, I would've had 
     huge problems.
       The other thing is it carries, you know, the infantry men 
     in the back that no other vehicle can do; nine infantry men 
     that come out of that Stryker and are incredible in urban 
     operations. You could ask any one of my soldiers, and they 
     would choose the Stryker of any vehicle they could possibly 
     ride in.

  This bill mandates that President Obama submit every 90 days a report 
to Congress that includes how the government of Iraq is assuming 
responsibility for reconciliation initiatives; how the draw down of 
military forces complies with the President's guidelines to withdraw 
all U.S. combat brigades from Iraq by August 31, 2010, and requires 
accountability from the contractors who are doing business in Iraq. The 
legislation also states that there will be no permanent bases in Iraq.
  Appreciating that the President has issued the closure of Guantanamo 
Bay's detention facilities, we ask the President to submit to Congress 
a comprehensive plan for what the Administration plans to do with 
detainees still held at Guantanamo Bay; and a detailed analysis of the 
total estimated cost of closing this detention facility and any related 
costs.
  The bill also gives the President a year to come up with a 
comprehensive, cohesive plan for Afghanistan and Pakistan. By February 
2010, the bill gives the President time to assess whether the 
Governments of Afghanistan and Pakistan are, or are not, demonstrating 
the necessary commitment, capability, conduct and unity of purpose to 
warrant the continued policy of the President. Our people deserve to 
know what our goals, objectives, and timetables are if we are going to 
commit the lives of their husbands and wives, sons and daughters, 
children and grandchildren and the scarce resources of the American 
taxpayer.
  I am proud that this bill includes an increase in the funding for the 
mental health of our servicemembers, to treat Post Traumatic Stress 
Disorder, PTSD, and Traumatic Brain Injuries, TBI. Families of our 
servicemembers who have children with disabilities will get an increase 
in the help that they receive through this legislation, as well as 
compensating our troops who have served under ``stop loss'' conditions. 
Recognizing the hardship placed on troops and their families by being 
forced to remain on active duty longer than they planned, Congress 
ordered a special $500 per month payment for any servicemember who had 
to serve under stop loss. For the U.S. Army, the average compensation 
would be $4,000; for the U.S. Navy, $7,500; for the U.S. Marine Corps, 
$4,500; and for the U.S. Air Force, $5,500.
  We owe our servicemembers a great debt. I am proud of our work on 
this bill to ensure accountability and responsibility from our 
Administration; to protect American citizens from pandemics and 
disease; to partially compensate our servicemembers and their families 
for their sacrifice; and boost the economy of the State of Michigan. I 
look forward to quick consideration in the Senate of this legislation 
and that it is signed into law soon.
  Mr. ELLISON. Mr. Speaker, let me first say at the outset that I 
support President Obama and his Administration in their overall foreign 
policy objectives and implementation. However, I cannot vote for this 
War Supplemental request because I believe that it does not represent 
the departure from the past that we all hope for and which is urgently 
needed to move our country forward in a new course.
  While I understand that there's a momentum building toward winding 
down our involvement in these conflicts and the move away from the war-
making culture, I believe that there must be a sharp departure from 
past policy in order for us to achieve that goal.
  This War Supplemental budget will significantly expand our military 
presence in Afghanistan, while at the same time it does not go far 
enough in eliminating our longstanding presence in Iraq, either.
  I am very concerned by the fact that almost 90 percent of the funds 
are going for military operations and equipment replacement. While it 
contains some beneficial items like economic development and 
agriculture programs in Afghanistan, efforts to strengthen rule of law 
in Iraq, humanitarian assistance for Gaza--which I strongly support--
wildfire suppression, and efforts to fight against the spread of a new 
flu pandemic, all these items combined amount to less than 13 percent 
of the total budget.
  I also believe that funding for the war and military occupation and 
funding for diplomatic, humanitarian and other benevolent efforts must 
be separated. It is disingenuous and deceptive to combine these two and 
force the lawmakers to make the choice they shouldn't have to make; 
that is, supporting funding for the wars in order to get humanitarian 
assistance for Gaza.

[[Page H5629]]

  President Obama has made strong, inspirational statements that signal 
positive change of policy toward the Muslim world, but this budget will 
send a contradicting message to those statements. Approving this budget 
will send the message to the Muslim world and the international 
community at large that we are not serious in getting to the root-cause 
of the problem, which is our extensive engagement in war-making. At the 
end of the day, the best way to achieve our objectives is to send 
consistent messages that demonstrate our unwavering determination to 
scale down our military footprints.
  Supporting this bill will surely perpetuate military operations that 
are likely to fail or become a pyrrhic victory.
  President Obama will give a major speech in Egypt on how he would 
reduce those military footprints and increase civilian-led involvement. 
But the figures in this War Supplemental budget, over $75 billion for 
military operations versus merely $7 billion for state and foreign 
operations, will perpetuate the picture of how much we still prioritize 
war-making over diplomacy and development.
  With these reasons, and despite my continued support for the 
President and the Administration, I cannot support this War 
Supplemental budget request.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise today in support of this 
bill, but not without reservations and some concern.
  I fully support the funding that is in the bill for the military--the 
bill addresses their immediate needs by providing protective equipment 
in supplies, and supports the sacrifices they and their families are 
making by retroactively providing servicemembers and veterans $500 for 
every month they served under stop-loss orders since 2001. It also 
plans for the end of combat operations in Iraq and refocuses our 
efforts in Afghanistan.
  Following a news report by KHOU in Houston on Monday about troops in 
Iraq not having sufficient supplies, specifically individuals were 
having to ration water, find their own, or drink bulk water not 
intended to be potable, we need to ensure DoD has funding to supply our 
troops, and this bill provides for that.
  My main concern however is that this supplemental did not include 
funding, or any assistance for areas affected by Hurricane Ike. We 
still have great unmet needs, and while there is funding to address 
other natural disasters such as wildfires, the Gulf Coast is still 
struggling to recover.
  Ike was one of the most devastating hurricanes since Katrina, yet the 
small amount of funding that has been appropriated for the disaster has 
not been passed through by the Federal agencies to meet local needs. Of 
the nearly $6 billion in CDBG funding that was included in the combined 
Defense, Homeland Security, and VA Appropriations bill, nearly two 
thirds of that is still being held by HUD.
  What has been delivered was divided among all areas hit by a natural 
disaster last year, meaning the Gulf Coast has received a tiny fraction 
of what is needed and what has been delivered to previous areas 
devastated by category 3 and category 4 hurricanes.
  The 2009 hurricane season is nearly upon us, and we have yet to 
address the needs of what is left from the 2008 season. Additional 
funding would be ideal, but at a minimum, local areas like Galveston 
City and County need the local-match for disaster recovery assistance 
waived, and I intend to continue working with the Appropriations 
Committee and House Leadership to provide that assistance at a minimum.
  Mr. Speaker, I fully support what is in this bill for our troops and 
urge my colleagues to join me in supporting it. However, I hope to work 
with you moving forward to provide assistance to an area still 
devastated and recovering from Hurricane Ike.
  Mr. LEVIN. Mr. Speaker, I support the supplemental funding bill that 
is before the House today, and urge my colleagues to join me in voting 
for it.
  A lot has changed since the last time Congress debated funding for 
the ongoing military operations in Iraq and Afghanistan eleven months 
ago. Earlier this year, President Obama stated that we will begin to 
draw down our forces in Iraq and complete the removal of combat troops 
by August 2010. Further, the President has also announced a new 
strategy for Afghanistan and Pakistan. The plan acknowledges our 
national interest in combating terrorism and the Taliban in Pakistan 
and Afghanistan and the need for stability in the region, especially 
with regard to safeguarding Pakistan's nuclear arsenal. At the same 
time, the President's plan correctly recognizes that we need a 
comprehensive strategy that does not rely on U.S. military force alone.
  The President's plan therefore calls for increased resources to build 
schools, roads and hospitals, and strengthen democratic institutions 
and the rule of law in both Pakistan and Afghanistan. The strategy also 
calls for greater dialogue, intelligence sharing, and border 
cooperation between the U.S., Afghanistan and Pakistan. The challenges 
before us are formidable, but I think we need to give President Obama's 
strategy a chance to work. This bill begins the effort by providing 
funding for the training of Afghan and Pakistani security forces as 
well as funds for economic development, strengthening governance, 
expanding the rule of law, and boosting our diplomatic efforts in the 
region.
  One thing that hasn't changed is the imperative to provide our troops 
in the field with the equipment and support they need to protect 
themselves and accomplish their mission.
  I urge my colleagues to join me in support of this important bill.
  Mr. DICKS. Mr. Speaker, I rise in support of H.R. 2346 the 
Supplemental Appropriations Bill for fiscal year 2009, which addresses 
the President's request for additional funding for the wars in Iraq and 
Afghanistan, overseas diplomatic efforts and wildland fire suppression 
and emergency rehabilitation of burned areas. I also want to express my 
support for funds that were approved in this bill to respond to the 
recent swine flu outbreak, which still presents a very real threat of a 
worldwide pandemic.
  We are all encouraged by the robust actions of our various public 
health agencies in the United States, including the Centers for Disease 
Control, in response to this threat. It is clear that the health and 
security of the American public remain a top priority, and we support 
the substantial and serious efforts that are being made to protect our 
population against the H1N1 swine flu virus and to prepare for the 
possible consequences. Because we do not know at this point the path 
that this particular strain will take within our population and around 
the world, it is entirely prudent to implement widespread precautionary 
steps in case the outbreak is more virulent than it now appears, or in 
case it re-appears in the fall. Knowing that the 1918 Spanish Influenza 
outbreak killed an estimated 100 million people around the world, and 
that modern transportation has greatly increased the speed at which 
such a pandemic could be spread, we have a serious obligation to 
prepare for any potential outcome.
  At the same time, I believe that Congress, in its oversight role, 
must assure that the nation is adequately prepared to detect--with some 
advance capability--this and other types of pandemic disease threats to 
our population. The earlier we can determine the content and the 
severity of a biological threat, for example, the more lives can 
potentially be saved. In this case we have some concern about the 
nation's ability to analyze and interpret warning signals that suggest 
the emergence of a biological threat.
  What we know is this: By April 22, the Centers for Disease Control, 
CDC, had identified two cases of a previously unknown strain of Swine 
flu present in Texas, and that the virus was identical to two 
previously analyzed cases that occurred earlier in the month in San 
Diego. By that evening, CDC was able to complete the analysis of 
samples of the virus that had been raging through parts of Mexico, 
finally allowing it to ``connect the dots'' and begin the notification 
of all 50 State public health laboratories.

  But it is now also known that CDC received other information earlier 
that at least suggested the possibility of pandemic threat. CDC 
received information from a Washington State firm that tracks global 
disease outbreaks as early as April 6th that suggested the possibility 
of a pandemic. The company, Veratect, has developed a software platform 
called Foreshadow that conducts 24-hour, 7-days-a-week tracking and 
actionable alert generation to detect emerging threats worldwide. 
Through its analyses, Veratect reported on April 6th that health 
officials in Veracruz, Mexico, had declared a health alert due to a 
``strange'' outbreak of respiratory disease outbreak, possibly caused 
by contamination from pig-breeding farms located in the area. Ten days 
later, the company reported that the Oaxaca Health Department had 
detected an unusual number of atypical pneumonia cases. On April 20, a 
Veratect official contacted a CDC physician at the agency's emergency 
operations center to apprise him of the situation in Mexico and to urge 
CDC to take a look at the growing problem there.
  Obviously hindsight is 20/20. As with any intelligence product, it is 
always difficult to know at the time what is merely ``noise'' and what 
is truly significant information that requires action. But because of 
my personal knowledge of the circumstances related to these early 
warning signals that were sent to CDC and other governmental bodies, I 
think it is prudent for Congress at this point to assure that we have 
the appropriate mechanisms in place to guarantee that bona fide 
information relating to these types of very real threats to public 
health and safety can be received and interpreted in a timely manner, 
and that it triggers the necessary and appropriate preventative 
actions.
  In this regard, I am encouraged that the bill includes report 
language that will require CDC to review its disease detection policies 
and the

[[Page H5630]]

speed with which case samples are analyzed to determine if improvements 
should or can be made. Part of this review should include a survey of 
the early detection capability that exists, and whether CDC and other 
agencies of the federal government have sufficient resources to 
properly analyze this type of advance warning information.
  I thank Chairman Obey, in particular, for his interest in the issue, 
and for including this important language in the Committee's report.
  Mr. REYES. Mr. Speaker, I wanted to clarify some comments in the 
Joint Explanatory Statement for the FY09 Consolidated Appropriations 
Act. That statement said, ``Further, that the Intelligence Community 
has studied other pay-for-performance efforts, both within the 
Community and the rest of government is encouraging. The executive 
branch started implementing this effort of September 14, 2008, and 
therefore the Intelligence Community is directed to ensure that full 
implementation of the system follows the principles of merit, 
transparency and fairness in a manner which is deliberate and 
methodical.''
  I want to clarify that this statement was not intended as an 
endorsement of the current pay for performance system in the 
Intelligence Community, known as the Defense Civilian Intelligence 
Personnel System (DCIPS), but as a statement of principles of what such 
a system should be.
  We all believe that the civil service personnel system should be 
based on merit principles and be transparent, and fair. It is our 
commitment to these principles that have led some of us to ask that 
these systems be reviewed. We have been concerned that the 
implementation of DCIPS lacks transparency, may adversely affect 
minorities, and may undermine collaboration. In particular, Chairman 
Skelton and I requested that the Administration pause implementation of 
DCIPS. In response, the Intelligence Community announced to the field 
that they would be pausing implementation of DCIPS. I welcome this 
action so the Administration can take the time to review both the 
substance and implementation plan for DCIPS. I note that the 
Administration has frozen the implementation of the National Security 
Personnel System (NSPS), and is reviewing that system as well, and I 
would welcome similar action in the Intelligence Community.
  Mr. OBEY. With that, Mr. Speaker, I yield back the balance of my time 
and ask for an ``aye'' vote.
  The SPEAKER pro tempore. Pursuant to House Resolution 434, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. ROGERS of Kentucky. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. ROGERS of Kentucky. Presently, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Rogers of Kentucky moves to recommit the bill H.R. 2346 
     to the Committee on Appropriations with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Page 10, beginning on line 20, strike the last two provisos 
     of the paragraph.
       Page 23, beginning on line 3, strike section 10012 
     (relating to rescissions of Department of Defense funds).
       Page 33, after line 5, insert the following:

                         General Administration


                           Detention Trustee

       For an additional amount for ``Detention Trustee'', 
     $50,000,000.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

       For an additional amount for ``Interagency Crime and Drug 
     Enforcement'', $150,000,000.
       Page 49, line 19, after the dollar amount, insert 
     ``(reduced by $200,000,000)''.
       Page 50, line 25, after the dollar amount, insert 
     ``(reduced by $200,000,000)''.
       Page 56, strike line land all that follows through page 57, 
     line 25.

  Mr. ROGERS of Kentucky (during the reading). Mr. Speaker, I ask 
unanimous consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky is recognized for 5 minutes in support of his motion.
  Mr. ROGERS of Kentucky. Mr. Speaker, I am submitting this motion to 
correct what I believe are three gross errors in the bill.
  Whether it's funds to support the needs of our troops, proper support 
for Pakistan engaged in a vital counterinsurgency effort, or funds to 
fight the treacherous drug war raging along our border with Mexico, 
this bill falls short.
  How in all good conscience can we increase foreign aid by nearly $3 
billion and yet shave support for our troops overseas and our law 
enforcement agencies here at home? How can we take away support for 
Pakistan's counterinsurgency efforts and give the money to the State 
Department?
  Mr. Speaker, emergency supplemental bills are about fine-tuning our 
priorities. This motion gives the Members of this body the opportunity 
to do just that.
  On supporting the needs of our troops, the current bill cuts the 2009 
regular defense budget. It unnecessarily cuts defense and prohibits DOD 
from using those resources on critical requirements that are sadly 
unfunded. So this motion would simply restore the $3 billion of 2009 
moneys, current year, that are cut in this bill.
  On the Pakistan Counterinsurgency Capability Funding program, or 
PCCF, counterinsurgency, this bill puts it in the Defense Department, 
but the first day of the new fiscal year, it would then be moved to the 
State Department for fiscal 2010. Well, State does great diplomatic 
work, but counterinsurgency is not the State Department's forte, and 
that's what we're facing. Let's be clear. PCCF is not a diplomatic 
tool; it's a military tool designed for aiding what is arguably one of 
the most important military counterinsurgency efforts in history. I 
need not emphasize to the Members of this body the profound importance 
of keeping Pakistan's nuclear weapons out of the hands of the Taliban 
and al Qaeda. The Secretary of Defense has been clear that he does not 
feel the State Department currently has the capacity or ability to 
administer this counterinsurgency program. Our troops need the 
flexibility and agility that this fund provides, especially in dealing 
with the nontraditional Pakistani military forces in remote sections of 
that country.
  Finally, on the Mexican drug war, this bill fails to include one red 
cent for the vital work of our law enforcement agencies fighting the 
cartels along our border with Mexico and their tentacles reaching into 
every city in America. A press release I have in my hand that just came 
out says that the largest seizure of methamphetamines in the eastern 
United States has just taken place in Atlanta, Georgia. And we could 
name Birmingham or Chicago or New York or any other city in America 
where the drug cartels in Mexico, who control 90 percent of the cocaine 
entering this country, are waging their battles.

                              {time}  1530

  And it's spilling over now into America. This is a war with severe 
consequences. More than 90 percent of the cocaine comes to us through 
Mexico, disbursed through a distribution network that touches virtually 
every major city in our country, not to mention methamphetamines and 
the other dangerous drugs.
  Now, the $350 million in this bill that says it's for 
counternarcotics operations along the southwest border. Smoke and 
mirrors. These funds will go to unaccompanied alien children and serve 
as a contingency fund should we need the National Guard there. Both are 
important efforts, but, sadly, nothing to support the needs of our law 
enforcement agencies engaged in this bloody war, and that's what the 
problem is now. It's an anti-organized crime cartel fight on that 
border, and you need law enforcement there. Not a penny in this bill 
for it.
  This motion that I have would shift 7 percent of the foreign aid in 
this bill and invest that in the security and rule of law here at home, 
just 7 percent of the increase in foreign aid that's in this bill. This 
motion takes $200 million out of the $3 billion plus-up in the bill for 
foreign aid and puts it to potent counterdrug programs in the 
Department of Justice, programs that can help break the back of these 
heinous cartels on our southern border and in our cities and towns.
  Mr. Speaker, I urge my colleagues to support this motion that will 
keep up our military assistance to Pakistan's counterterrorism fight, 
prevents a cut

[[Page H5631]]

on the current year's troop support, and shifts a small part of the 
bill's increase in foreign aid to keeping the Mexican drug cartels out 
of American cities.
  Mr. OBEY. Mr. Speaker, I rise to oppose the motion.
  The SPEAKER pro tempore. The gentleman from Wisconsin is recognized 
for 5 minutes.
  Mr. OBEY. Mr. Speaker, we have heard many a lecture from the other 
side of the aisle about spending levels, but this proposal would add $3 
billion to the spending levels in this bill, and it would eliminate a 
rescission that saves us money, a rescission that's been endorsed by 
Secretary Gates.
  It also takes $200 million out of the global financial crisis fund, 
which is the last thing we ought to do at a time when we have a 
worldwide financial crisis that is threatening our own economy as well 
as others around the world.
  Thirdly, it eliminates the Pakistani counterinsurgency fund for next 
year, which has already been endorsed by Secretary Gates.
  And lastly, with respect to Mexico, it purports to add $200 million 
to deal with drug problems in Mexico. The bill already contains $400 
million directly for aid to Mexico, plus another $350 million in the 
Department of Defense.
  And I would point out that in the stimulus bill, which virtually 
every Member on that side of the aisle voted against just a few short 
weeks ago, we provided an over $700 million increase to deal with our 
border problems. All in all, between the omnibus and the stimulus, we 
already raised funding for that by 10 percent.
  So I would suggest this is a financial double game and that we turn 
down the motion.
  I yield to the gentleman from Pennsylvania (Mr. Murtha).
  Mr. MURTHA. I have to say I am disappointed in the gentleman. Now, he 
has only been on the subcommittee that I chair for a very short period 
of time.
  We made a deal and the White House endorsed our deal. They didn't 
like what we did, but they endorsed our deal. They said this is their 
supplemental. We added to it, and we fought every inch of the way to 
get the money for the troops out in the field and for the families at 
home.
  And what you are doing is fighting this thing all over again, the 
same way you tried to do it in the full committee, and I don't 
appreciate that. I don't appreciate the fact we make a deal and then we 
turn around here and we try to change that deal.
  This should be defeated, and it should be defeated soundly by the 
House of Representatives and in committee.
  I know what you are trying to do. In the conference, we will try to 
work something out, but this is the bill that should go to conference.
  Mr. OBEY. I urge a ``no'' vote.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. ROGERS of Kentucky. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on 
the motion to recommit will be followed by 5-minute votes on passage of 
the bill, and the motion to suspend the rules on H.R. 347.
  The vote was taken by electronic device, and there were--yeas 191, 
nays 237, not voting 5, as follows:

                             [Roll No. 264]

                               YEAS--191

     Aderholt
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Ehlers
     Emerson
     Fallin
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--237

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Campbell
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Flake
     Foster
     Frank (MA)
     Fudge
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Payne
     Perlmutter
     Perriello
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--5

     Delahunt
     Johnson (GA)
     Sanchez, Linda T.
     Stark
     Tanner

                              {time}  1601

  Messrs. BOSWELL, TONKO, HIMES, TIERNEY, THOMPSON of Mississippi, 
SCHRADER, CLEAVER, SMITH of Washington, RUSH, and Mrs. CAPPS changed 
their vote from ``yea'' to ``nay.''

[[Page H5632]]

  Messrs. CARTER, FRANKS of Arizona, MARSHALL, CHILDERS, and McINTYRE 
changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill. 
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 368, 
nays 60, not voting 5, as follows:

                             [Roll No. 265]

                               YEAS--368

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Costa
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (TX)
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Fattah
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Hoyer
     Hunter
     Inglis
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Neugebauer
     Nunes
     Nye
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Pitts
     Platts
     Poe (TX)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sessions
     Sestak
     Shadegg
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Titus
     Tonko
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Watt
     Waxman
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--60

     Baldwin
     Campbell
     Capuano
     Clarke
     Cohen
     Conyers
     Cooper
     Costello
     Doggett
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Farr
     Filner
     Flake
     Frank (MA)
     Grayson
     Grijalva
     Gutierrez
     Honda
     Inslee
     Johnson (IL)
     Kagen
     Kaptur
     Kucinich
     Lee (CA)
     Lewis (GA)
     Lofgren, Zoe
     Markey (MA)
     Massa
     Matsui
     McDermott
     McGovern
     Michaud
     Miller, George
     Napolitano
     Neal (MA)
     Oberstar
     Paul
     Payne
     Petri
     Pingree (ME)
     Polis (CO)
     Royce
     Schakowsky
     Sensenbrenner
     Serrano
     Shea-Porter
     Speier
     Thompson (CA)
     Tierney
     Towns
     Tsongas
     Velazquez
     Waters
     Watson
     Weiner
     Welch
     Woolsey

                             NOT VOTING--5

     Delahunt
     McMorris Rodgers
     Sanchez, Linda T.
     Stark
     Tanner


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1610

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________