[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[Senate]
[Pages 9479-9552]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      SUPPLEMENTAL APPROPRIATIONS

  Mr. BYRD. Madam President, I ask unanimous consent to have printed in 
the Record an explanatory statement approved by the Committee on 
Appropriations accompanying three amendments to the House amendments to 
the Senate amendment to H.R. 2642, concerning emergency supplemental 
appropriations for fiscal years 2008-2009, which the Committee on 
Appropriations authorized the chairman to offer on behalf of the 
committee.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Explanatory Statement Submitted by Senator Robert C. Byrd, Chairman of 
the Senate Committee on Appropriations, Regarding the 2008 Supplemental 
Appropriations Amendments to Amendments of the House of Representatives 
                  to the Senate Amendment to H.R. 2642

  Following is an explanation of the committee authorized amendments of 
the Senate to the amendments of the House to the amendment of the 
Senate to H.R. 2642, the Military Construction and Veterans Affairs and 
Related Agencies Appropriations Act, 2008, including disclosure of 
congressionally directed spending items as defined in rule XLIV of the 
Standing Rules of the Senate.
  Section 10008 of the Senate amendment specifies that this explanatory 
statement shall have the same effect with respect to the allocation of 
funds and implementation of this Supplemental Appropriations Act as if 
it were a report by the Committee on Appropriations to accompany a bill 
reported to the Senate from that Committee.

                               BACKGROUND

                          Purpose of the Bill

       The Committee recommendations address the President's 
     requests contained in the 2008 Budget Appendix, transmitted 
     on February 5, 2007 (H. Doc. 110-3), budget estimate No. 5, 
     transmitted on July 31, 2007 (H. Doc. 110-54), and budget 
     estimate No. 6, transmitted on October 23, 2007 (H. Doc. 110-
     68). The recommendations also address the following estimates 
     submitted this year: the 2009 Budget Appendix, transmitted on 
     February 4, 2008 (H. Doc. 110-84), and budget estimate No. 6, 
     transmitted on May 2, 2008 (H. Doc. 110-108).
       The Committee recommends three amendments to be offered in 
     response to the amendments of the House to the amendment of 
     the Senate to the bill H.R. 2642, making appropriations for 
     military construction, the Department of Veterans Affairs, 
     and related agencies for the fiscal year ending September 30, 
     2008, and for other purposes. H.R. 2642 is the bill chosen by 
     the House to address the President's supplemental requests 
     for 2008 and to address ``bridge'' funding for 2009 overseas 
     deployments and other contingencies, including military 
     operations in Afghanistan and Iraq.

[[Page 9480]]



                              AMENDMENT #1

                                TITLE I

    MILITARY CONSTRUCTION, INTERNATIONAL, AND OTHER SECURITY MATTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     PUBLIC LAW 480 TITLE II GRANTS

2008 appropriation to date...............................$1,210,864,000
Supplemental estimate:
  2008......................................................350,000,000
  2009......................................................395,000,000
Committee recommendation:
  2008......................................................850,000,000
  2009......................................................395,000,000

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                    OFFICE OF THE INSPECTOR GENERAL

2008 appropriation to date..................................$70,603,000
2008 supplemental estimate.............................................
Committee recommendation......................................4,000,000

       The Committee recommends $4,000,000 for the Inspector 
     General to continue reviewing the Federal Bureau of 
     Investigation's use of National Security Letters [NSL] and 
     section 215 orders for business records.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

2008 appropriation to date.................................$745,549,000
2008 supplemental estimate....................................4,093,000
Committee recommendation......................................1,648,000

       The Committee recommends $1,648,000 to provide litigation 
     support services for the Special Inspector General for Iraqi 
     reconstruction to investigate and prosecute corruption in 
     reconstruction efforts.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2008 appropriation to date...............................$1,754,822,000
2008 supplemental estimate....................................5,000,000
Committee recommendation......................................5,000,000

       The Committee recommends $5,000,000 for the U.S. Attorneys 
     for litigation expenses associated with terrorism 
     prosecutions in the United States.

                     United States Marshals Service


                         SALARIES AND EXPENSES

2008 appropriation to date.................................$864,219,000
2008 supplemental estimate...................................14,921,000
Committee recommendation.....................................18,621,000

       The Committee recommends $18,621,000 for the United States 
     Marshals Service. Of the funds provided, $7,951,000 is for 
     U.S. Marshals to provide enhanced security at high-threat 
     terrorist trials in the United States: $3,700,000 is to 
     provide increased court and witness security in Afghanistan 
     Court Security and Witness Security programs, protective 
     equipment and training for U.S. Marshals, and assist with the 
     extradition of individuals who finance terrorism through the 
     illegal sale of opium and heroin; and $6,970,000 is for Adam 
     Walsh Act enforcement.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

2008 appropriation to date...............................$6,493,489,000
Supplemental estimate:
  2008......................................................101,122,000
  2009.......................................................39,062,000
Committee recommendation:
  2008......................................................164,965,000
  2009.......................................................82,600,000

       The Committee recommends $164,965,000 for the Federal 
     Bureau of Investigation [FBI].
       Counterterrorism Operations.--The recommendation includes 
     $139,965,000 to support counterterrorism and counter-
     proliferation activities and equipment, terrorism 
     intelligence gathering efforts, and law enforcement training 
     in Iraq and Afghanistan. The recommendation also supports the 
     Render Safe Mission to prevent and dismantle Weapons of Mass 
     Destruction [WMD] on U.S. soil; for IED initiatives, 
     including bomb technician equipment and Hazardous Devices 
     School secure training; and National Security Letter audits.
       Forensics Backlog.--The recommendation includes $20,000,000 
     for FBI labs to reduce forensics backlogs caused by the 
     dramatic increase in Improvised Explosive Device [IED] 
     evidence and other forensics evidence from battlefield 
     operations in Iraq and Afghanistan.
       Fraud Investigations.--The recommendation includes 
     $5,000,000 to increase the FBI's capacity to investigate 
     contract fraud related to U.S. operations in Iraq and 
     Afghanistan.
       Fiscal Year 2009 Bridge.--The recommendation includes 
     $82,600,000 in bridge funding for the FBI to maintain the 
     operations described above for the first 6 months of fiscal 
     year 2009.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

2008 appropriation to date...............................$1,857,569,000
2008 supplemental estimate....................................8,468,000
Committee recommendation.....................................22,666,000

       The recommendation includes $22,666,000 for the Drug 
     Enforcement Administration to further its narco-terrorism 
     initiative and Operation Breakthrough, to conduct financial 
     investigations and to support intelligence activities, such 
     as signals intelligence, to assist the Government of 
     Afghanistan's counter-narcotics and narco-terrorism programs.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

2008 appropriation to date.................................$984,097,000
2008 supplemental estimate....................................4,000,000
Committee recommendation......................................4,000,000

       The Committee recommends $4,000,000 for the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives to support the 
     ATF's role in the global war on terror in Iraq and 
     Afghanistan, where ATF agents provide technical assistance to 
     the military in identifying and dismantling IEDs.

                         Federal Prison System


                         SALARIES AND EXPENSES

2008 appropriation to date...............................$5,050,440,000
2008 supplemental estimate....................................9,100,000
Committee recommendation......................................9,100,000

       The Committee recommends $9,100,000 for the Bureau of 
     Prisons to monitor communications of incarcerated terrorists, 
     collect intelligence, and disseminate relevant intelligence 
     to other law enforcement agencies.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                                Overview

       The administration's request for fiscal year 2008 emergency 
     supplemental funding for military construction associated 
     with the wars in Iraq and Afghanistan encompasses a wide 
     range of initiatives both in the Central Command [CENTCOM] 
     Area of Responsibility and within the United States. Several 
     of these requests, including additional funding for child 
     development center construction at U.S. military 
     installations and funding for the construction of Counter-
     Improvised Explosive Devices [CIED] training ranges at U.S. 
     bases, were not included in the President's October 2007 
     supplemental budget amendment, but were subsequently proposed 
     by the administration. Although not part of the official 
     budget request, and therefore not reflected as such in the 
     tables accompanying this report, the Committee finds merit in 
     many of the proposals and has recommended funding for them.
       Iraq and Afghanistan.--The administration's request for 
     military construction funding in Iraq, Afghanistan, and other 
     locations in the Central Command Area of Responsibility 
     totals $1,590,950,000, of which $976,150,000--61 percent--is 
     for construction in Iraq alone.
       Given the pressing need for infrastructure investment 
     within the United States, the Committee has closely examined 
     the entire CENTCOM construction request, with particular 
     attention to Iraq. The Committee is mindful of the ongoing 
     operational requirements and continued security concerns 
     facing U.S. military personnel in Iraq, and has recommended 
     funding for projects that reflect these priorities. With the 
     exception of funding for certain items, such as landfills and 
     incinerators, intended to expedite the closure of U.S. bases 
     in Iraq, the Committee has continued to limit military 
     construction funding to those bases in Iraq that are intended 
     to be enduring locations.
       The Committee remains strongly opposed to the permanent 
     basing of U.S. military forces in Iraq, and has again 
     included bill language prohibiting the obligation of funds 
     appropriated for military construction in Iraq until the 
     Secretary of Defense certifies to the Committee that none of 
     the funds are to be used to establish permanent military 
     bases in Iraq. The Committee is also concerned with the 
     impact that a future Status of Forces Agreement with Iraq 
     could have on the current strategic plans and associated 
     construction program to consolidate U.S. forces in Iraq into 
     eight enduring locations. In an effort to provide a blueprint 
     on which to establish a basing agreement, the Secretary of 
     Defense is directed to provide to the Committee, no later 
     than 30 days after enactment of this act, an updated Master 
     Plan for U.S. basing in Iraq, including an inventory of 
     installations that have been closed; those that are scheduled 
     to close and the timeline for their closure; and a finite

[[Page 9481]]

     list of enduring locations describing the mission, military 
     construction requirements, and projected U.S. military 
     population of these locations.
       Child Development Center Initiative.--Recognizing the 
     importance of quality child care resources for military 
     families, the Committee has been very supportive of 
     accelerating the construction of child development centers on 
     military installations. In the Fiscal Year 2008 Military 
     Construction, Veterans Affairs and Related Agencies 
     Appropriations Act, Congress added more than $100,000,000 
     over the President's budget request to fund 13 additional 
     child development centers at U.S. military bases. The 
     Committee, therefore, supports the Department's proposal to 
     use emergency supplemental funding to advance the 
     construction of 20 child development centers currently 
     programmed for construction in fiscal years 2010 and 2011. 
     The Committee further recommends that the 11 child 
     development centers included in the President's fiscal year 
     2009 budget request also be advanced into the supplemental 
     funding bill to ensure that the most urgently needed centers 
     are among the first to be funded.
       Army Barracks Improvements.--The Committee is deeply 
     concerned about the deplorable conditions that have been 
     uncovered in some permanent party Army barracks, including 
     those which house soldiers returning from the wars in Iraq 
     and Afghanistan. The Army created a Permanent Party Barracks 
     Modernization Program in 1994 to eliminate inadequate 
     barracks. However, this program is not projected to be 
     completed until 2013. Given this timeline, it is unacceptable 
     that the Army has allowed existing permanent party barracks 
     to fall into such abject disrepair. This is not the way the 
     Committee expects the Army to treat its soldiers returning 
     from combat. While many of the repairs and upgrades to 
     existing barracks can be accomplished with Sustainment, 
     Restoration, and Modernization [SRM] funds, the Committee 
     believes that additional Military Construction funds should 
     be allocated to address urgent major renovations and barracks 
     upgrades. The Committee therefore recommends an appropriation 
     of $200,000,000 for the Army to undertake major improvements 
     to existing barracks and accelerate the construction of new 
     barracks. The funding is provided subject to the development 
     of an expenditure plan to be submitted to the Committees on 
     Appropriations of both Houses of Congress.

                      Military Construction, Army

2008 appropriation to date...............................$3,927,893,000
2008 supplemental estimate................................1,440,750,000
Committee recommendation..................................1,170,200,000

       The Committee recommends $1,170,200,000 for Military 
     Construction, Army, instead of $1,440,750,000 as requested. 
     In addition to funding projects directly in support of the 
     wars in Iraq and Afghanistan, the recommendation includes 
     $137,200,000, to remain available until September 30, 2012, 
     for the construction of 15 child development centers at U.S. 
     Army installations as proposed by the administration. Funds 
     for Military Construction, Army, are provided as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Committee
          Installation                Project title       Budget request  recommendation       Requested by
----------------------------------------------------------------------------------------------------------------
Alaska: Fort Wainwright........  Child Development                                17,000  Administration
                                  Center.
California: Fort Irwin.........  Child Development                                11,800  Administration
                                  Center.
Colorado: Fort Carson..........  Soldier Family                    8,100           8,100  The President
                                  Assistance Center.
Colorado: Fort Carson..........  Child Development        ..............           8,400  Administration
                                  Center.
Georgia: Fort Gordon...........  Child Development        ..............           7,800  Administration
                                  Center.
Georgia: Fort Stewart..........  Soldier Family                    6,000           6,000  The President
                                  Assistance Center.
Hawaii: Schofield Barracks.....  Child Development        ..............          12,500  Administration
                                  Center.
Kansas: Fort Riley.............  Transitioning Warrior            50,000          50,000  The President
                                  Support Complex.
Kentucky: Fort Campbell........  Soldier Family                    7,400           7,400  The President
                                  Assistance Center.
Kentucky: Fort Campbell........  Child Development        ..............           9,900  Administration
                                  Center.
Kentucky: Fort Knox............  Child Development        ..............           7,400  Administration
                                  Center.
Louisiana: Fort Polk...........  Soldier Family                    4,900           4,900  The President
                                  Assistance Center.
New York: Fort Drum............  Warrior in Transition            38,000          38,000  The President
                                  Facilities.
North Carolina: Fort Bragg.....  Child Development        ..............           8,500  Administration
                                  Center.
Oklahoma: Fort Sill............  Child Development        ..............           9,000  Administration
                                  Center.
Texas: Fort Bliss..............  Child Development        ..............           5,700  Administration
                                  Center.
Texas: Fort Bliss..............  Child Development        ..............           5,900  Administration
                                  Center.
Texas: Fort Bliss..............  Child Development        ..............           5,700  Administration
                                  Center.
Texas: Fort Hood...............  Warrior in Transition             9,100           9,100  The President
                                  Unit Operations
                                  Facilities.
Texas: Fort Hood...............  Child Development        ..............           7,200  Administration
                                  Center.
Texas: Fort Sam Houston........  Child Development        ..............           7,000  Administration
                                  Center.
Virginia: Fort Lee.............  Child Development        ..............           7,400  Administration
                                  Center.
Afghanistan: Bagram Air Base...  New Roads, Bagram                27,000          27,000  The President
                                  Airfield.
Afghanistan: Bagram Air Base...  Ammunition Supply Point          62,000          62,000  The President
Afghanistan: Bagram Air Base...  Power Plant............          41,000          41,000  The President
Afghanistan: Bagram Air Base...  Bulk Fuel Storage &              23,000          23,000  The President
                                  Supply, Ph 3.
Afghanistan: Bagram Air Base...  Bulk Fuel Storage &              21,000          21,000  The President
                                  Supply, Ph 4.
Afghanistan: Bagram Air Base...  CIED Road--Rte Alaska..          16,500          16,500  The President
Afghanistan: Bagram Air Base...  Aircraft Maintenance              5,100           5,100  The President
                                  Hangar.
Afghanistan: Ghazni............  Rotary Wing Parking....           5,000           5,000  The President
Afghanistan: Kabul.............  Consolidated Compound..          36,000          36,000  The President
Afghanistan: Various Locations.  CIED Road--Rte                   54,000          54,000  The President
                                  Connecticut.
Iraq: Camp Adder...............  Power Plant............          39,000  ..............  The President
Iraq: Camp Adder...............  Petro Oil & Lubricant            10,000          10,000  The President
                                  Storage.
Iraq: Camp Adder...............  Waste Water Treatment &           9,800           9,800  The President
                                  Collection.
Iraq: Camp Adder...............  Multi Class Storage              17,000  ..............  The President
                                  Warehouse.
Iraq: Camp Adder...............  Entry Control Point....           4,850  ..............  The President
Iraq: Camp Adder...............  Convoy Support Center            39,000          39,000  The President
                                  Relocation, Ph 2.
Iraq: Camp Adder...............  CORP Support Center      ..............          13,200  Administration
                                  Phase 3.
Iraq: Al Asad..................  Power Plant............          40,000  ..............  The President
Iraq: Al Asad..................  Landfill Construction..           3,100           3,100  The President
Iraq: Al Asad..................  Urban Bypass Road......          43,000          43,000  The President
Iraq: Al Asad..................  Hot Cargo Ramp.........          18,500          18,500  The President
Iraq: Al Asad..................  South Airfield Apron             28,000          28,000  The President
                                  (India Ramp).
Iraq: Camp Anaconda............  Landfill Construction..           6,200           6,200  The President
Iraq: Camp Anaconda............  Power Plant............          39,000  ..............  The President
Iraq: Camp Anaconda............  Urban Bypass Road......          43,000  ..............  The President
Iraq: Camp Anaconda............  Hazardous Waste                   4,300           4,300  The President
                                  Incinerator.
Iraq: Camp Constitution........  Juvenile Theater                 11,700          11,700  The President
                                  Internment Facility.
Iraq: Camp Cropper.............  Brick Factory..........           9,500           9,500  The President
Iraq: Fallujah.................  Landfill Construction..             880             880  The President
Iraq: Fallujah.................  Incinerators...........  ..............           5,500  Administration
Iraq: Camp Marez...............  Landfill Construction..             880             880  The President
Iraq: Mosul....................  Urban Bypass Road......          43,000          43,000  The President
Iraq: Q-West...................  Power Plant............          26,000  ..............  Administration
Iraq: Q-West...................  North Entry Control              11,400          11,400  The President
                                  Point.
Iraq: Q-West...................  Perimeter Security               14,600          14,600  The President
                                  Upgrade.
Iraq: Camp Ramadi..............  Landfill Construction..             880             880  The President
Iraq: Camp Ramadi..............  Incinerator............  ..............           6,200  Administration
Iraq: Scania...................  Entry Control Point....           5,000           5,000  The President
Iraq: Scania...................  Water Storage Tanks....           9,200           9,200  The President
Iraq: Camp Speicher............  Military Control Point.           5,800           5,800  The President
Iraq: Camp Speicher............  Power Plant............          39,000  ..............  The President
Iraq: Camp Speicher............  Landfill Construction..           5,900           5,900  The President
Iraq: Camp Speicher............  Waste Water Treatment &           9,800  ..............  The President
                                  Collection.
Iraq: Camp Speicher............  Rotary Wing Parking              49,000  ..............  The President
                                  Apron.
Iraq: Camp Speicher............  Aviation Navigation              13,400          13,400  The President
                                  Facilities.
Iraq: Camp Taqqadum............  Landfill Construction..             880             880  The President
Iraq: Tikrit...................  Urban Bypass Road......          43,000  ..............  The President
Iraq: Camp Victory.............  Landfill Construction..           6,200           6,200  The President
Iraq: Camp Victory.............  Entry Control Point....           5,000  ..............  The President

[[Page 9482]]

 
Iraq: Camp Victory.............  Level 3 Hospital.......          13,400          13,400  The President
Iraq: Camp Victory.............  Waste Water Treatment &           9,800           9,800  The President
                                  Collection.
Iraq: Camp Victory.............  Water Supply, Treatment          13,000          13,000  The President
                                  & Storage, Ph 3.
Iraq: Camp Victory.............  Water Treatment &                18,000          18,000  The President
                                  Storage, Ph 2.
Iraq: Camp Warrior.............  Landfill Construction..             880             880  The President
Iraq: Various Locations........  Facilities Replacement,          36,000  ..............  The President
                                  Phase I.
Iraq: Various Locations........  Facilities Replacement,          36,000  ..............  The President
                                  Phase II.
Iraq: Various Locations........  Overhead Cover.........          30,000          30,000  The President
Iraq: Various Locations........  Overhead Cover, Ph 4...         105,000         105,000  The President
Kuwait: Camp Arifjan...........  Communications Center..          30,000          30,000  The President
Worldwide: Various Locations...  Planning & Design......          78,800          78,800  The President
                                                         --------------------------------
      TOTAL....................  .......................       1,440,750       1,170,200  ......................
----------------------------------------------------------------------------------------------------------------

       Various Locations, Iraq.--The Army requested a total of 
     $183,000,000 for construction of five powerplants in Iraq 
     which the congressional defense authorizing committees 
     declined to authorize in Public Law 110-181, the National 
     Defense Authorization Act for Fiscal Year 2008. The Committee 
     endorses the position of the authorizers, that the 
     construction of powerplants at these locations is premature 
     and of primarily long-term benefit, and does not recommend 
     funding for them. The Committee also recommends no funding 
     for several additional Army requests for Iraq, including a 
     warehouse and helicopter parking apron at Camp Speicher, 
     totaling $66,000,000, and $72,000,000 for several projects, 
     including a gym, dining hall, base exchange, and housing 
     units, intended to upgrade Camp Delta in southeastern Iraq to 
     an enduring Contingency Operating Base [COB]. The Committee 
     questions the justification for increasing the number of 
     enduring U.S. military bases in Iraq from eight to nine at a 
     time when the goal of U.S. military and administration 
     officials is to reduce the level of U.S. troops in Iraq as 
     security conditions permit. The Committee also notes that the 
     original description of the request, included in the February 
     4, 2007, budget submission, was for Facilities Replacements 
     at various existing COBs, and it was not until May 5, 2008, 
     that the Central Command provided Congress with the revised 
     justification data for projects requested to establish a new 
     COB. Based on the process, assumptions, and justification 
     data on which these requests are based, the Committee 
     believes they are premature and do not meet the standard of 
     urgent requirements.

              Military Construction, Navy and Marine Corps

2008 appropriation to date...............................$2,187,837,000
2008 supplemental estimate..................................237,505,000
Committee recommendation....................................300,084,000

       The Committee recommends $300,084,000 for Military 
     Construction, Navy and Marine Corps, instead of $237,505,000 
     as requested. The recommendation includes $29,299,000, to 
     remain available until September 30, 2012, for the 
     construction of two child development centers at U.S. Navy 
     and Marine Corps installations, as proposed by the 
     administration. Funds for Military Construction, Navy and 
     Marine Corps, are provided as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Committee
          Installation                Project title       Budget request  recommendation       Requested by
----------------------------------------------------------------------------------------------------------------
California: China Lake.........  JIEDDO Battle Courses..  ..............           7,210  Administration
California: Camp Pendleton.....  Armory--5th Marine               10,890          10,890  The President
                                  Regiment.
California: Camp Pendleton.....  Bachelor Quarters &              34,970          34,970  The President
                                  Armory.
California: Camp Pendleton.....  Bachelor Quarters &              24,390          24,390  The President
                                  Dining Facility.
California: Camp Pendleton.....  Company Headquarters--            8,240           8,240  The President
                                  Military Police.
California: Camp Pendleton.....  Explosive Ordinance              13,090          13,090  The President
                                  Detachment--Ops.
California: Camp Pendleton.....  Intelligence                      1,114           1,114  The President
                                  Surveillance
                                  Reconnaissance.
California: Camp Pendleton.....  Armory--Regimental &              5,160           5,160  The President
                                  Battalion HQ.
California: Camp Pendleton.....  Armory--Intelligence              4,180           4,180  The President
                                  Battalion.
California: Camp Pendleton.....  JIEDDO Battle Courses..  ..............           9,270  Administration
California: Point Mugu.........  JIEDDO Battle Courses..  ..............           7,250  Administration
California: San Diego..........  Child Development        ..............          12,299  Administration
                                  Center.
California: Twentynine Palms...  Regimental Headquarters           4,440           4,440  The President
                                  Addition.
California: Twentynine Palms...  JIEDDO Battle Courses..  ..............          11,250  Administration
Florida: Eglin AFB.............  JIEDDO Battle Course     ..............             780  Administration
                                  Additions.
Mississippi: Gulfport..........  JIEDDO Battle Courses..  ..............           6,570  Administration
North Carolina: Camp LeJeune...  Maintenance/Operations           43,340          43,340  The President
                                  Complex 2.
North Carolina: Camp LeJeune...  JIEDDO Battle Courses..  ..............          11,980  Administration
North Carolina: Camp LeJeune...  Child Development        ..............          16,000  Administration
                                  Center.
Virginia: Yorktown.............  JIEDDO Battle Courses..  ..............           8,070  Administration
Djibouti: Camp Lemonier........  Network Infrastructure            6,270           6,270  The President
                                  Expansion.
Djibouti: Camp Lemonier........  Dining Facility........          20,780  ..............  The President
Djibouti: Camp Lemonier........  Headquarters Facility..          29,710  ..............  The President
Djibouti: Camp Lemonier........  Water Production.......          19,140          19,140  The President
Djibouti: Camp Lemonier........  Full Length Taxiway....  ..............          15,490  Administration
Djibouti: Camp Lemonier........  Fuel Farm..............  ..............           4,000  Administration
Djibouti: Camp Lemonier........  Western Taxiway........  ..............           2,900  Administration
Worldwide: Various Locations...  Planning & Design......          11,791          11,791  The President
                                                         --------------------------------
      TOTAL....................  .......................         237,505         300,084
----------------------------------------------------------------------------------------------------------------

       Camp Lemonier, Djibouti.--In accordance with the action of 
     the congressional defense authorizing committees, and in 
     keeping with concerns the Committee has expressed in the past 
     regarding uncertainty over the future role of Camp Lemonier 
     in the Africa Command [AFRICOM], the Committee does not 
     recommend funding two projects at Camp Lemonier requested by 
     the Navy, including a permanent construction dining facility 
     and headquarters building, totaling $50,549,000. However, the 
     Committee recognizes that basic utility and operational 
     ground infrastructure is required to execute the current 
     expeditionary mission at Camp Lemonier, and therefore 
     recommends funding three projects that were authorized but 
     not funded in the regular fiscal year 2008 military 
     construction appropriations act. These projects include two 
     taxiways and a fuel farm totaling $22,290,000.

                    Military Construction, Air Force

2008 appropriation to date...............................$1,149,277,000
2008 supplemental estimate..................................305,000,000
Committee recommendation....................................361,900,000

       The Committee recommends $361,900,000 for Military 
     Construction, Air Force, instead of $305,000,000 as 
     requested. The recommendation includes $37,600,000, to remain 
     available until September 30, 2012, for the construction of 
     three child development centers at U.S. Air Force 
     installations, as proposed by the administration. Funds for 
     Military Construction, Air Force, are provided as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Committee
          Installation                Project title       Budget request  recommendation       Requested by
----------------------------------------------------------------------------------------------------------------
California: Beale AFB..........  Child Development        ..............          17,600  Administration
                                  Center.

[[Page 9483]]

 
Florida: Eglin AFB.............  Child Development        ..............          11,000  Administration
                                  Center.
New Jersey: McGuire AFB........  JIEDDO Training          ..............           6,200  Administration
                                  Facility.
New Mexico: Cannon AFB.........  Child Development        ..............           8,000  Administration
                                  Center.
Afghanistan: Bagram Air Base...  Strategic Ramp.........          43,000          43,000  The President
Afghanistan: Bagram Air Base...  Parallel Taxiway, Phase          21,400          21,400  The President
                                  II.
Afghanistan: Bagram Air Base...  East Side Helo Ramp....          44,400          44,400  The President
Afghanistan: Kandahar..........  ISR Ramp...............          26,300          26,300  The President
Iraq: Balad Air Base...........  Helicopter Maintenance           34,600          34,600  The President
                                  Facilities.
Iraq: Balad Air Base...........  Foxtrot Taxiway........          12,700          12,700  The President
Iraq: Balad Air Base...........  Fighter Ramp...........          11,000          11,000  The President
Kyrgyzstan: Manas Air Base.....  Strategic Ramp.........          30,300          30,300  The President
Oman: Masirah Air Base.........  Expeditionary Beddown             6,300  ..............  The President
                                  Site.
Qatar: Al Udeid................  Facilities Replacement.          40,000  ..............  The President
Qatar: Al Udeid................  Close Air Support        ..............          60,400  Administration
                                  Parking Apron.
Worldwide: Various Locations...  Planning & Design......          35,000          35,000  The President
                                                         --------------------------------
      TOTAL....................  .......................         305,000         361,900  ......................
----------------------------------------------------------------------------------------------------------------

       Masirah Air Base, Oman, and Al Udeid, Qatar.--The Committee 
     does not recommend funding for two projects requested by the 
     Air Force, including $6,300,000 for an expeditionary beddown 
     site at Masirah Air Base and $40,000,000 for facilities 
     replacement at Al Udeid. These were among the projects that 
     the congressional defense authorizing committees did not 
     authorize in the 2008 National Defense Authorization Act.

                  Military Construction, Defense-Wide

2008 appropriation to date...............................$1,599,404,000
2008 supplemental estimate...................................27,600,000
Committee recommendation.....................................27,600,000

       The Committee recommends $27,600,000 for Military 
     Construction, Defense-Wide, as requested. The funds are 
     provided as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Committee
          Installation                Project title       Budget request  recommendation       Requested by
----------------------------------------------------------------------------------------------------------------
Qatar: Al Udeid................  Special Operations                6,600           6,600  The President
                                  Forces Logistics
                                  Storage Warehouse.
Texas: Fort Sam Houston........  TRICARE Management               21,000          21,000  The President
                                  Activity, Burn Rehab
                                  Unit.
                                                         --------------------------------
      TOTAL....................  .......................          27,600          27,600  ......................
----------------------------------------------------------------------------------------------------------------

           Family Housing Construction, Navy and Marine Corps

2008 appropriation to date.................................$293,129,000
2008 supplemental estimate...................................11,766,000
Committee recommendation.....................................11,766,000

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

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Committee
          Installation                Project title       Budget request  recommendation       Requested by
----------------------------------------------------------------------------------------------------------------
California: Camp Pendleton.....  Family Housing                   10,692          10,692  The President
                                  Improvements.
California: Twentynine Palms...  Family Housing                    1,074           1,074  The President
                                  Improvements.
                                                         --------------------------------
      TOTAL....................  .......................          11,766          11,766  ......................
----------------------------------------------------------------------------------------------------------------

            Department of Defense Base Closure Account 2005

2008 appropriation to date...............................$7,235,591,000
2008 supplemental estimate..................................415,910,000
Committee recommendation..................................1,202,886,000

       The Committee recommends $1,202,886,000 for the Department 
     of Defense Base Closure Account 2005, instead of $415,910,000 
     as requested. The funds include $415,910,000 to expedite 
     construction of the Walter Reed National Military Medical 
     Center at Bethesda Naval Hospital, Maryland. The Committee 
     recommends an additional $786,976,000 for the Base Closure 
     Account 2005. This amount, along with the $7,235,591,000 
     appropriated in Public Law 110-161, fully funds the 
     construction requirements included in the administration's 
     base closure request for fiscal year 2008.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       General Operating Expenses

2008 appropriation to date...............................$1,605,000,000
2008 supplemental estimate.............................................
Committee recommendation....................................100,000,000

       The Committee recommendation includes $100,000,000 for the 
     Education Service at the Veterans Benefits Administration for 
     new administrative costs associated with the Post-9/11 
     Veterans' Educational Assistance Act of 2008.

                     Information Technology Systems

2008 appropriation to date...............................$1,966,465,000
2008 supplemental estimate.............................................
Committee recommendation.....................................20,000,000

       The Committee recommendation includes $20,000,000 for 
     modernization and enhancements of information technology 
     systems related to the administration of the Post-9/11 
     Veterans' Educational Assistance Act of 2008.


                      CONSTRUCTION, MAJOR PROJECTS

2008 appropriation to date...............................$1,069,100,000
2008 supplemental estimate.............................................
Committee recommendation....................................437,100,000

       The Committee recommendation includes $437,100,000 for 
     Construction, Major Projects, for the Department of Veterans 
     Affairs [VA].
       Polytrauma Center Initiative.--The nature of combat in Iraq 
     and Afghanistan has resulted in new patterns of polytraumatic 
     injuries and disabilities requiring specialized intensive 
     rehabilitation and high coordination of care. The VA health 
     care system, through its polytrauma network, continues to 
     provide significant expertise in the treatment and 
     rehabilitation of both active duty and separated Operation 
     Enduring Freedom and Operation Iraqi Freedom veterans 
     suffering from polytraumatic injuries. Operating under a 
     national memorandum of agreement with the Department of 
     Defense [DOD], VA polytrauma rehabilitation centers have 
     provided treatment and rehabilitation care to severely 
     injured combat personnel requiring polytrauma inpatient 
     rehabilitation.
       The Department of Veterans Affairs currently operates four 
     Level 1 polytrauma rehabilitation centers within existing VA 
     hospital facilities. In fiscal year 2007, Congress provided 
     emergency funding for the VA to establish a fifth Level 1 
     polytrauma rehabilitation center. The care that the VA is 
     providing military personnel wounded in combat is 
     exceptional. However, space in the existing facilities is 
     generally inadequate, with cramped quarters and treatment 
     facilities scattered throughout hospital campuses. These 
     inefficiencies are particularly difficult for patients with 
     mobility issues, compromised immune systems, and those 
     suffering from psychological wounds. In an effort to 
     accelerate the VA's planned expansion and consolidation of 
     polytrauma rehabilitation centers on existing hospital 
     campuses as outlined in the department's February 2008 Five 
     Year Capital Plan, the Committee recommends providing 
     $437,100,000 to fully fund the design and construction of 
     these crucial projects.

[[Page 9484]]



                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1301. Provides an additional appropriation to Military 
     Construction, Army, for the acceleration and completion of 
     child development center construction.
       Sec. 1302. Provides an additional appropriation to Military 
     Construction, Navy and Marine Corps, for the acceleration and 
     completion of child development center construction.
       Sec. 1303. Provides an additional appropriation to Military 
     Construction, Air Force, for the acceleration and completion 
     of child development center construction.
       Sec. 1304. Provides an additional appropriation to Military 
     Construction, Army, for the acceleration of barracks 
     improvements at Department of the Army installations.
       Sec. 1305. Prohibits the Secretary of Veterans Affairs from 
     collecting certain debts owed to the United States by members 
     of the Armed Forces and veterans who die as a result of an 
     injury incurred or aggravated on active duty in a combat 
     zone.

                               CHAPTER 4

     Subchapter A--Supplemental Appropriations for Fiscal Year 2008

                              Introduction

       The budget request totals $6,547,408,000 in emergency 
     supplemental funds for fiscal year 2008, and the State, 
     Foreign Operations Appropriations Act, 2008 (Public Law 110-
     161) provided $1,473,800,000 for immediate requirements. The 
     Committee recommendation for Department of State and Foreign 
     Operations totals $5,254,608,000, which is $181,000,000 above 
     the pending budget request.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

2008 appropriation to date...............................$5,322,719,000
2008 supplemental estimate................................1,708,008,000
Committee recommendation..................................1,413,700,000

       The budget request included $2,283,008,000 for Diplomatic 
     and Consular Programs, of which $575,000,000 was appropriated 
     in the State, Foreign Operations Appropriations Act, 2008 
     (Public Law 110-161) for operations and security at the 
     United States Embassy in Iraq.
       The Committee recommends an additional $1,413,700,000 for 
     Diplomatic and Consular Programs, which is $294,308,000 below 
     the pending request. Within the amount provided, $212,400,000 
     is for worldwide security protection. Funds for diplomatic 
     and consular programs are to be allocated as follows:

                                        DIPLOMATIC AND CONSULAR PROGRAMS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   Pending         Committee       Change from
                          Activitiy                                request       recommendation      request
----------------------------------------------------------------------------------------------------------------
Iraq Diplomatic Operations...................................        1,545,608        1,095,000         -450,608
Afghanistan--Operations and Worldwide Security Protection....          162,400          195,200          +32,800
Pakistan--Operations.........................................  ...............            7,500           +7,500
Tibet........................................................  ...............            5,000           +5,000
Western Hemisphere Travel Initiative.........................  ...............            1,000           +1,000
Worldwide Security Protection................................  ...............           50,000          +50,000
Civilian Workforce Initiative................................  ...............           60,000          +60,000
Public Diplomacy.............................................  ...............            5,000           +5,000
                                                              --------------------------------------------------
      Total, Diplomatic and Consular Programs................        1,708,008        1,413,700         -294,308
----------------------------------------------------------------------------------------------------------------

       Afghanistan.--The Committee recommends $195,200,000, which 
     is $32,800,000 above the request, for necessary expenses for 
     diplomatic and security operations in Afghanistan. Of this 
     amount, $162,400,000 is for enhanced security operations, 
     including additional high threat protection teams, increased 
     overhead cover and physical security measures, replacement of 
     armored vehicles, and local guard service. In addition, 
     $14,000,000 is for the establishment of a Department of 
     State-managed air transport capability in Afghanistan for 
     Department of State and United States Agency for 
     International Development [USAID] personnel, primarily for 
     medical evacuation and other security-related operations. 
     Finally, $18,800,000 is for support of operations and 
     personnel for Provincial Reconstruction Teams [PRTs] in 
     Afghanistan.
       Iraq.--The Committee recommends $1,095,000,000 for the 
     diplomatic and security operations of the United States 
     Embassy in Iraq, which is $450,608,000 below the pending 
     request. The cost of operations of the United States Embassy 
     in Iraq totals $2,086,000,000 for fiscal year 2008 including 
     $1,095,000,000 provided in this act, $575,000,000 provided as 
     bridge funding in Public Law 110-161 and $416,000,000 in 
     funds carried over from prior year appropriations. Of this 
     amount, nearly $900,000,000 is for supporting security 
     requirements for diplomatic and development personnel in 
     Iraq.
       The Committee provides funding for Embassy operations, 
     security, logistics support, information technology and 
     operations of PRTs. Congress has provided an additional 
     $196,543,000 since fiscal year 2006 for additional facilities 
     requirements identified by the Department of State, as 
     follows: extend the perimeter wall; construct a dining 
     facility; construct additional housing; construct a tactical 
     operations center for Diplomatic Security; construct a static 
     guard camp; and construct overhead cover. The actual cost of 
     building the New Embassy Compound [NEC] has reached a total 
     of $788,543,000 to date.
       The number of permanent and temporary personnel assigned to 
     Iraq, with the exception of USAID, should be decreased to 
     accommodate all personnel within the NEC and any improvements 
     which can be made with previously appropriated funds. USAID 
     will play a critical role in assisting the Government of Iraq 
     in effectively allocating its budgetary resources.
       The additional $43,804,000 requested for follow-on projects 
     for the NEC in Baghdad is not included. At least $77,027,000 
     in prior year funding programmed for follow-on projects is 
     available for obligation and these funds should be used to 
     provide secure housing for a smaller number of personnel.
       None of the funds provided under this heading in this act 
     shall be made available for follow-on projects, other than 
     the proposed funding for overhead cover. The Department 
     should include a detailed plan for the use of funds for 
     follow-on projects as part of the spending plan required by 
     this act.
       Due to an extended accreditation and verification process 
     and the addition of follow-on projects, occupancy of the NEC 
     offices and housing has been delayed. This rigorous process 
     to address and validate whether the NEC was constructed to 
     code and contract specifications was supported. Now that the 
     process is complete, occupancy of the offices and housing 
     should proceed without delay in order to provide the maximum 
     protection to United States personnel.
       The benefits of co-location of the Departments of State and 
     Defense in the NEC is recognized. However, the proposed New 
     Office Building and the Interim Office Building 
     reconfigurations are projected to delay occupancy of NEC 
     offices by up to 1 year. Given the difficult security 
     environment in Baghdad, this lengthy delay is not acceptable. 
     The Departments of State and Defense are expected to consult 
     with the Committees on Appropriations on options for moving 
     forward with limited co-location plans in the most 
     accelerated, secure, and cost effective manner. Any future 
     construction in Iraq shall be subject to the Capital Security 
     Cost Sharing Program, in the same manner as all other embassy 
     construction projects worldwide.
       There is a concern that private security contractors have 
     been utilized without the necessary authority, oversight, or 
     accountability. The Department of State is directed to 
     provide a report to the Committees on Appropriations not 
     later than 45 days after enactment of this act on the 
     implementation status of each of the recommendations of the 
     October 2007 report of the Secretary of State's Panel on 
     Personal Protective Services. The Department of State is 
     encouraged to aggressively review security procedures and 
     seek the necessary authority to ensure that increased 
     security is achieved with effective oversight and 
     accountability.
       Pakistan.--The Committee recommends $7,500,000 for 
     operations, security, and personnel engaged in diplomatic and 
     economic development activities in the Federally Administered 
     Tribal Areas along the Pakistan and Afghanistan border.
       Sudan.--The Committee provides resources to support the 
     diplomatic mission in Sudan including the United States 
     Special Envoy for Sudan.
       Tibet.--The Committee recommends up to $5,000,000 for the 
     establishment of a U.S. Consulate in Lhasa, Tibet, and 
     directs that the Department of State shall not consent to the 
     opening of a consular post in the United States by the 
     People's Republic of China until such time as such United 
     States Consulate is established.
       The Committee directs that not later than 90 days after 
     enactment of this act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing efforts 
     taken by the Department of State to establish a U.S. 
     Consulate in Lhasa, Tibet and a description of actions by the 
     Government of the Peoples Republic of China to undermine 
     support for Tibet in the United States, including in the 
     media, academia, and political arenas.

[[Page 9485]]

       Local Guard Forces--Worldwide Security Protection.--The 
     Committee recommends $50,000,000 above the request for 
     worldwide security protection. The amount provided is 
     available to restore 100 positions in the global diplomatic 
     security guard force that were redirected to Iraq to address 
     urgent security requirements for United States personnel 
     elsewhere in the world.
       Civilian Workforce Initiative.--The Committee recommends 
     $60,000,000 to increase the civilian diplomatic capacity of 
     the Department of State to meet the increasing and complex 
     demands of diplomacy in the 21st century. Within the total, 
     $30,000,000 is for the initial development and deployment of 
     a civilian capacity to respond to post-conflict stabilization 
     and reconstruction challenges and $30,000,000 is to 
     strengthen capabilities of the United States diplomatic corps 
     and promote broader engagement with the rest of the world, 
     including expanding training and enhanced interagency 
     collaboration.
       The Committee provides funds to replace Foreign Service 
     positions worldwide which were previously moved to Iraq and 
     to increase the number of positions participating in critical 
     needs foreign language training. The Department of State has 
     transferred approximately 300 Foreign Service positions from 
     embassies around the world to Iraq and to associated language 
     training, leaving key posts understaffed. These funds are to 
     be used to support United States foreign policy in priority, 
     understaffed regions, particularly South and East Asia, the 
     Western Hemisphere, and Africa.
       Funds made available for the civilian stabilization 
     initiative are for the Active and Standby Response Corps 
     portion of the initiative and to enhance operations of the 
     Office of the Coordinator for Reconstruction and 
     Stabilization. In addition to the funds provided to the 
     Department of State, $25,000,000 is appropriated in this act 
     under the heading, ``Operating Expenses of the United States 
     Agency for International Development'' to implement the USAID 
     portion of the civilian stabilization initiative. The funding 
     request for the Civilian Response Corps will be considered as 
     part of the fiscal year 2009 appropriations process and none 
     of the funds provided in this act are to be used to implement 
     the Civilian Response Corps portion of the initiative.
       Western Hemisphere Travel Initiative.--The Committee 
     recommends not less than $1,000,000 to expand public outreach 
     efforts related to implementation of the Western Hemisphere 
     Travel Initiative [WHTI]. With WHTI implementation occurring 
     as early as June 2009, there is concern with the lack of a 
     comprehensive, coordinated plan between the Department of 
     State, the Department of Homeland Security, and the United 
     States Postal Service to broadly disseminate information to 
     the traveling public concerning the final WHTI implementation 
     requirements at the Nation's land and seaports. The 
     Department of State is encouraged to provide significantly 
     increased outreach to border communities, including through 
     radio, print media, and additional passport fairs.
       Buying Power Maintenance Account.--The Committee provides 
     authority to transfer funds available in this act, and in a 
     prior act, to the Buying Power Maintenance Account in 
     accordance with section 24 of the State Department Basic 
     Authorities Act, to manage exchange rate losses in fiscal 
     year 2008.
       Public Diplomacy.--The Committee recommends $5,000,000 for 
     the Office of Public Diplomacy and Public Affairs to expand 
     new media for targeted Arabic language television programs 
     for the purpose of fostering cultural, educational, and 
     professional dialogues through indigenous Arabic language 
     satellite media.


                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

2008 appropriation to date..................................$33,733,000
2008 supplemental estimate.............................................
Committee recommendation.....................................12,500,000

       The Committee recommends an additional $12,500,000 for 
     Office of Inspector General at the Department of State, which 
     is $12,500,000 above the pending request. Of the total, 
     $5,000,000 is to enhance the Department of State Inspector 
     General's oversight of programs in Iraq and Afghanistan, 
     $2,500,000 is for operations of the Special Inspector General 
     for Iraq Reconstruction [SIGIR], and $5,000,000 is for 
     operations of the Special Inspector General for Afghanistan 
     Reconstruction [SIGAR].
       The Inspectors General of USAID, the Department of State, 
     the Department of Defense, the Government Accountability 
     Office, SIGIR, and SIGAR, to the maximum extent practicable, 
     should coordinate and de-conflict all activities related to 
     oversight of assistance provided for Iraq and for Afghanistan 
     security, stability, and reconstruction. Oversight of funding 
     provided in this act and prior acts for assistance for Iraq 
     through the foreign operations accounts shall be primarily 
     the responsibility of the SIGIR. The Department of State OIG 
     shall have responsibility for oversight of funding provided 
     for diplomatic operations and facilities. The Department of 
     State or the USAID Office of Inspector General should be 
     designated as the lead for any investigations or audits of 
     worldwide programs as they relate to the specific programs in 
     Iraq or Afghanistan.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

2008 appropriation to date.................................$501,347,000
2008 supplemental estimate.............................................
Committee recommendation.....................................10,000,000

       The Committee recommends an additional $10,000,000 for 
     Educational and Cultural Exchange Programs. These funds shall 
     be used to expand educational and cultural exchange 
     opportunities through youth programs, especially to learn 
     English, and undergraduate and graduate academic exchange 
     programs, including with community colleges, in order to 
     reach a greater number of underserved, disadvantaged young 
     people in Africa and the Western Hemisphere.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2008 appropriation to date...............................$1,425,574,000
2008 supplemental estimate..................................160,000,000
Committee recommendation.....................................76,700,000

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

                      International Organizations


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

2008 appropriation to date...............................$1,343,429,000
2008 supplemental estimate...................................53,000,000
Committee recommendation.....................................66,000,000

       The Committee recommends an additional $66,000,000 for 
     Contributions to International Organizations, of which, 
     $53,000,000 is for United States contributions to the U.N. 
     Assistance Mission in Afghanistan and the U.N. Assistance 
     Mission in Iraq, as requested. Funding is also provided to 
     meet fiscal year 2008 assessed dues to organizations whose 
     missions are critical to protecting United States national 
     security interests, including the North Atlantic Treaty 
     Organization, the International Atomic Energy Agency, and the 
     Organization for the Prohibition of Chemical Weapons.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

2008 appropriation to date...............................$1,690,517,000
2008 supplemental estimate..................................333,600,000
Committee recommendation....................................383,600,000

       The budget request included $723,600,000 for contributions 
     for International Peacekeeping Activities, of which 
     $390,000,000 of funds designated as an emergency was provided 
     in the State, Foreign Operations Appropriations Act, 2008 
     (Public Law 110-161) for the United States contribution to 
     the United Nations-African Union hybrid peacekeeping mission 
     to Darfur [UNAMID].
       The Committee recommends an additional $383,600,000 for 
     assessed costs to U.N. peacekeeping operations. Within the 
     total under this heading, not less than $333,600,000 is 
     provided for UNAMID, equal to the request. The Committee 
     recommends $50,000,000 to meet fiscal year 2008 assessed dues 
     for the international peacekeeping missions to the Democratic 
     Republic of the Congo, Cote d'Ivoire, Haiti, Lebanon, 
     Liberia, and southern Sudan.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       The Committee recommends an additional $3,000,000 for 
     International Broadcasting Operations to continue increased 
     broadcasting to Tibet.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                   INTERNATIONAL DISASTER ASSISTANCE

2008 appropriation to date.................................$429,739,000
2008 supplemental estimate.............................................
Committee recommendation....................................240,000,000

       The budget request included $80,000,000 for International 
     Disaster Assistance. The State, Foreign Operations 
     Appropriations Act, 2008 (Public Law 110-161) provided 
     $110,000,000 for emergency humanitarian requirements.
       The Committee recommends $240,000,000 for International 
     Disaster Assistance, which is $240,000,000 above the pending 
     request. These funds should be used to respond to urgent 
     humanitarian requirements worldwide, including in Burma, 
     Bangladesh, China and countries severely affected by the 
     international food crisis.
       The Committee directs USAID to urgently and substantially 
     increase food assistance for Haiti to address critical food 
     shortages and malnutrition. Preventing hunger and combating 
     poverty in Haiti should be a USAID priority.
       The Committee also includes funds under the heading 
     ``Development Assistance'' in subchapter B to help address 
     the international food crisis. Programs should address both 
     rural and urban food requirements.

[[Page 9486]]




   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

2008 appropriation to date.................................$650,656,000
2008 supplemental estimate...................................41,000,000
Committee recommendation....................................149,500,000

       The budget request included $61,800,000 for Operating 
     Expenses of the United States Agency for International 
     Development, of which $20,800,000 was provided in the State, 
     Foreign Operations Appropriations Act, 2008 (Public Law 110-
     161) for operations in Iraq.
       The Committee recommends an additional $149,500,000 for 
     Operating Expenses of the United States Agency for 
     International Development.
       Of the funds provided under this heading, the Committee 
     recommends $41,000,000 to continue support for security needs 
     in Iraq and Afghanistan, which is the same as the request. In 
     addition, $29,000,000 is included to increase support for 
     staffing, security, and operating needs in Afghanistan and 
     Sudan, and $19,500,000 in Pakistan.
       The Committee also recommends $25,000,000 to support the 
     development and deployment of a civilian capacity to respond 
     to post-conflict stabilization and reconstruction needs. 
     Funds made available for the civilian stabilization 
     initiative are for the Active and Standby Response Corps 
     portion of the initiative and none of the funds provided in 
     this act may be used to develop the Civilian Response Corps. 
     Additional funding for this initiative is provided in the 
     ``Diplomatic and Consular Programs'' account for the 
     Department of State portion of the initiative.
       In addition, the Committee recommends $35,000,000 to enable 
     USAID to hire above attrition in fiscal year 2008. The 
     administration's request for fiscal year 2009 includes 
     $92,000,000 for hiring 300 USAID foreign service officers as 
     part of a 3-year initiative. Funding provided in this act is 
     intended to support the hiring of at least 100 additional 
     Foreign Service officers in fiscal year 2008 in order to 
     begin rebuilding the capacity of the Agency to carry out its 
     mission. USAID is directed to consult with the Committees on 
     Appropriations on the use of these funds and to recruit mid-
     career personnel. As USAID seeks to strengthen its workforce, 
     USAID is encouraged to consult with the Department of Defense 
     on ways to benefit from the experience of retiring officers, 
     including establishment of a transition program.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

                    OFFICE OF THE INSPECTOR GENERAL

2008 appropriation to date..................................$37,692,000
2008 supplemental estimate.............................................
Committee recommendation......................................4,000,000

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

                  Other Bilateral Economic Assistance


                         ECONOMIC SUPPORT FUND

2008 appropriation to date...............................$2,974,959,000
2008 supplemental estimate................................2,009,000,000
Committee recommendation..................................1,962,500,000

       The budget request included $2,217,000,000 for Economic 
     Support Fund [ESF], of which $208,000,000 was provided in the 
     State, Foreign Operations Appropriations Act, 2008 (Public 
     Law 110-161) for emergency requirements in the West Bank and 
     in North Korea, as requested.
       The Committee recommends an additional $1,962,500,000 for 
     ESF, which is $46,500,000 less than the request. Of the funds 
     requested under ESF, $75,000,000 is provided under the 
     heading Democracy Fund for political development programs for 
     Iraq. Funds are to be allocated as follows:

                          ECONOMIC SUPPORT FUND
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                   Country and Region                     recommendation
------------------------------------------------------------------------
Afghanistan.............................................         899,000
Bangladesh..............................................          25,000
Central African Republic................................           2,000
Central America.........................................          40,000
Chad....................................................           4,000
Democratic Republic of the Congo........................          15,000
Iraq....................................................         398,000
Jordan..................................................         150,000
Kenya...................................................          12,000
Nepal...................................................           7,000
North Korea.............................................          53,000
Pakistan................................................          60,000
Philippines.............................................          15,000
Sri Lanka...............................................           6,000
Sudan...................................................          45,000
Thailand................................................           2,500
Uganda..................................................          22,000
Vietnam.................................................           2,000
West Bank...............................................         200,000
Zimbabwe................................................           5,000
                                                         ---------------
      Total.............................................       1,962,500
------------------------------------------------------------------------

       Iraq.--The Committee recommends $398,000,000 for Iraq, 
     which is $399,000,000 below the request. The sums provided 
     should enable the Department of State and USAID to continue 
     programs in Iraq through the end of fiscal year 2008 and into 
     the first two quarters of fiscal year 2009.
       After providing more than $45,000,000,000 to help rebuild 
     Iraq, the United States should seek to reduce bilateral 
     assistance levels, and correspondingly to reduce the number 
     of Department of State personnel involved in the 
     reconstruction effort who are located in Iraq.
       Funds provided for Iraq are to be allocated as follows:

                                                  IRAQ PROGRAMS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                Pending fiscal
                           Activity                               year 2008        Committee       Change from
                                                                   request       recommendation      request
----------------------------------------------------------------------------------------------------------------
Provincial Reconstruction Teams (PRTs).......................          165,000          138,000          -27,000
    Provincial Reconstruction Development Councils...........          100,000           85,000          -15,000
    Local Governance Program.................................           65,000           53,000          -12,000
Community Stabilization Program (CSP)........................          155,000          100,000          -55,000
Community Action Program (CAP)...............................  ...............           75,000          +75,000
Infrastructure Security Protection for Oil, Water and                   70,000  ...............          -70,000
 Electricity.................................................
Operations and Maintenance of Key USG-Funded Infrastructure..          134,000           10,000         -124,000
Iraqi-American Enterprise Fund...............................           25,000  ...............          -25,000
National Capacity Development................................          248,000           70,000         -178,000
Marla Fund...................................................  ...............            5,000           +5,000
                                                              --------------------------------------------------
      Total..................................................          797,000          398,000         -399,000
----------------------------------------------------------------------------------------------------------------

       --Community Action Program [CAP].--The Committee recommends 
         $75,000,000 for continued support for the Community 
         Action Program.
       --Community Stabilization Program [CSP].--The Committee 
         recommends $100,000,000 for the CSP, which is $55,000,000 
         below the request. Recent findings of a March 18, 0000 
         USAID Inspector General audit (E-267-08-001-P) of 
         possible fraud and misuse of some CSP funds are of 
         concern. Therefore the Committee withholds funding until 
         the Secretary of State certifies and reports that USAID 
         is implementing recommendations contained in the audit to 
         ensure proper use of funds.
       --Enterprise Fund.--The Committee recommends no funding for 
         an enterprise fund for Iraq.
       --Infrastructure Security Protection for Oil, Water, and 
         Electricity.--The Committee does not include funding for 
         these functions which should be supported by the 
         Government of Iraq.
       --Marla Ruzicka Iraqi War Victims Fund.--The Committee 
         recommends $5,000,000 for the Marla Ruzicka Iraqi War 
         Victims Fund for continued assistance for Iraqi civilians 
         who suffer losses as a result of the military operations.
       --National Capacity Development [NCD].--The Committee 
         provides $70,000,000 for NCD, which is $178,000,000 below 
         the request. The Government of Iraq should assume 
         increasing responsibility for the cost of these 
         activities.
       --Operations and Maintenance of Key United States 
         Government-funded Infrastructure.--The Committee 
         recommends $10,000,000 for Operations and Maintenance of 
         key United States Government-funded infrastructure, which 
         is $124,000,000 below the request. These functions should 
         be funded by the Government of Iraq and this act includes 
         funding to allow the United States to provide technical 
         assistance and training. In addition, the Committee 
         recommendation conditions the funds on the signing and 
         implementation of an asset transfer agreement between the 
         United States and Iraq.
       Afghanistan.--The Committee recommends an additional 
     $899,000,000 for Afghanistan, which is $65,000,000 above the 
     request.
       USAID is directed to review its reconstruction efforts in 
     Afghanistan; focus its assistance, including capacity 
     building, through local Afghan entities; give greater 
     attention to accountability and monitoring to minimize 
     corruption; and emphasize programs which directly improve the 
     economic, social, and political status of Afghan women and 
     girls. Funds provided for Afghanistan are to be allocated as 
     follows:

[[Page 9487]]



                                              AFGHANISTAN PROGRAMS
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Pending fiscal
                            Activity                                 year 2008       Committee      Change from
                                                                      request     recommendation      request
----------------------------------------------------------------------------------------------------------------
Roads...........................................................         329,000         200,000        -129,000
Power...........................................................         175,000         150,000         -25,000
Trade and Investment............................................           5,000           7,000          +2,000
Rural Development/Alternative Livelihoods.......................  ..............          65,000         +65,000
Governance and Capacity Building................................         275,000         165,000        -110,000
National Solidarity Program.....................................  ..............          85,000         +85,000
2009 Elections..................................................         100,000          70,000         -30,000
Provincial Reconstruction Teams [PRTs]/Provincial Governance....  ..............          50,000         +50,000
Health and Education............................................          50,000          95,000         +45,000
Civilian Assistance Program.....................................  ..............          10,000         +10,000
NATO/ISAF Post-Operations Humanitarian Relief Fund..............  ..............           2,000          +2,000
                                                                 -----------------------------------------------
      Total.....................................................         834,000         899,000         +65,000
----------------------------------------------------------------------------------------------------------------

       --Civilian Assistance.--The Committee recommends 
         $10,000,000 for USAID's Afghan Civilian Assistance 
         Program to continue assistance for civilians who have 
         suffered losses as a result of the military operations, 
         and $2,000,000 for the NATO/ISAF Post-Operations 
         Humanitarian Relief Fund.
       --Power.--The Committee recommends $150,000,000 for power, 
         which is $25,000,000 below the request. The request 
         includes funding for gas and diesel power projects and 
         there is a concern that diesel generators are costly to 
         maintain and will exacerbate Kabul's already heavily 
         polluted air. The completion of the north-south 
         transmission line to enable Afghanistan to purchase 
         electricity from its northern neighbors for distribution 
         to other areas of the country is supported. Funding for 
         the Northern Electrical Power System or the Shebergan 
         Gas-Fired Plant is not included. The World Bank should 
         play a larger role in financing such infrastructure 
         projects. It is noted that Afghanistan has considerable 
         potential for small hydro and solar power development to 
         service Afghanistan's many remote communities that have 
         no other access to electricity. The Committee directs 
         that not less than $15,000,000 of the funds be used for 
         renewable energy projects in rural areas.
       --Roads.--The Committee recommends $200,000,000 for roads, 
         which is $129,000,000 below the request.
       Bangladesh.--The Committee recommends $25,000,000 for 
     assistance for Bangladesh for cyclone recovery and 
     reconstruction assistance.
       Central America.--The Committee recommends $40,000,000 for 
     Central America in fiscal year 2008, in addition to funds 
     otherwise made available for assistance for countries in 
     Central America for a program to be called the ``Economic and 
     Social Development Fund for Central America'', to be 
     administered by USAID in consultation with the Department of 
     State. The purpose of the program is to promote economic and 
     social development and good governance in low-income areas, 
     including rural communities, that are vulnerable to drug 
     trafficking and related violence and organized crime. These 
     funds should support programs that emphasize community 
     initiatives and public-private partnerships. United States 
     funds should be matched with contributions from other public 
     and private sources to the maximum extent practicable. USAID 
     is directed to consult with the Committees on Appropriations 
     prior to the obligation of these funds.
       Democratic Republic of the Congo.--The Committee recommends 
     $15,000,000 for assistance for eastern Democratic Republic of 
     the Congo for urgent conflict mitigation and recovery 
     programs and for programs relating to sexual violence against 
     women and girls. Of this amount, $1,000,000 is to establish 
     and support a training center for health workers who provide 
     care and treatment for victims of sexual violence, and 
     $2,000,000 is for training military and civilian 
     investigators, prosecutors, and judges to bring the 
     perpetrators of such crimes to justice.
       Jordan.--The Committee recommends $150,000,000 for economic 
     assistance to Jordan, which is $150,000,000 above the 
     request. The Government of Jordan remains a key ally and has 
     played a leading role in supporting peace initiatives in the 
     Middle East. Programming of these funds should be done in 
     consultation with the Government of Jordan and refugee relief 
     organizations and should be used to meet the needs of Iraqi 
     refugees. The Committee directs the Secretary of State, after 
     consultation with the Government of Jordan, the United 
     Nations, and international organizations and non-governmental 
     organizations with a presence in Iraq, to submit a report to 
     the Committees on Appropriations not later than 45 days after 
     enactment detailing (1) short and medium term options the 
     United States and other countries and organizations could 
     pursue to assist Iraqis in Jordan maintain their educational 
     and vocational skills and earn income; and (2) longer-term 
     options that the United States and the Government of Jordan 
     can take to address the economic, social, and health needs of 
     refugees from Iraq, including the feasibility of extending 
     temporary residence status for Iraqis registered with the 
     United Nations High Commissioner for Refugees.
       Kenya.--The Committee recommends $12,000,000 for assistance 
     for Kenya for political, ethnic and tribal reconciliation 
     activities.
       Nepal.--The Committee recommends $7,000,000 for assistance 
     for Nepal to strengthen democracy and support the peace 
     process, including the demobilization and reintegration of 
     ex-combatants, and for economic development programs in rural 
     communities affected by conflict.
       North Korea.--The Committee recommends up to $53,000,000 
     for energy-related assistance for North Korea in support of 
     the goals of the Six-Party talks, which is the same as the 
     request. This is in addition to the $53,000,000 appropriated 
     in division J of Public Law 110-161.
       Pakistan.--The Committee recommends $60,000,000 for 
     assistance for Pakistan, which is the same as the request.
       The Philippines.--The Committee recommends $15,000,000 for 
     assistance for the Philippines for programs to further peace 
     and reconciliation in the southern Philippines, and 
     recognizes the shared interest between the United States and 
     the Philippines in ending terrorism in this region.
       Sri Lanka.--The Committee recommends $6,000,000 for 
     assistance for Sri Lanka to be provided through USAID to 
     support economic development programs in the eastern region 
     of Sri Lanka to solidify recent gains against the Liberation 
     Tigers of Tamil Eelam. These funds should be used to assist 
     Tamil and Muslim minorities in Sri Lanka.
       Sudan.--The Committee recommends $45,000,000 for assistance 
     for Sudan to support election-related activities.
       Thailand.--The Committee recommends $2,500,000 for 
     assistance for Thailand to address economic and social 
     development needs in southern Thailand. The Department of 
     State is directed to consult with the Committees on 
     Appropriations prior to the obligation of these funds.
       Uganda.--The Committee recommends $22,000,000 for 
     assistance for northern Uganda. These funds should be used to 
     support economic development, governance, assistance for war 
     victims, and reintegration of ex-combatants.
       Vietnam.--The Committee recommends $2,000,000 for 
     assistance for Vietnam to continue environmental remediation 
     and health activities at former United States military sites 
     in Vietnam that are contaminated by dangerously high levels 
     of dioxin. The Department of State is directed to consult 
     with the Committees on Appropriations on the uses of these 
     funds.
       West Bank.--The Committee recommends not more than 
     $200,000,000 for economic assistance for the West Bank, which 
     is the same as the request. The Department of State is 
     directed to provide a report to the Committees on 
     Appropriations not later than 90 days after the enactment of 
     this act on how United States economic assistance for the 
     West Bank supports the larger Palestinian Reform and 
     Development Plan as well as a description of other donor 
     support of this plan. The report should describe how 
     assistance from the United States and other donors will 
     improve conditions in the West Bank, including through job 
     creation and housing programs.
       Zimbabwe.--The Committee recommends $5,000,000 for 
     assistance for Zimbabwe to support political reconciliation 
     activities.

                          Department of State


                             DEMOCRACY FUND

2008 appropriation to date.................................$162,672,000
2008 supplemental estimate.............................................
Committee recommendation.....................................76,000,000

       The Committee recommends an additional $76,000,000 for 
     Democracy Fund programs, requested under the heading 
     ``Economic Support Fund'', to be made available as follows:
       Chad.--The Committee recommends $1,000,000 for democracy 
     activities in Chad.
       Iraq.--The Committee recommends $75,000,000 for democracy 
     activities in Iraq.

[[Page 9488]]

     These funds are intended to be made available through 
     nongovernmental organizations, including the National 
     Endowment for Democracy and the United States Institute for 
     Peace.


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

2008 appropriation to date.................................$553,926,000
2008 supplemental estimate..................................734,000,000
Committee recommendation....................................470,000,000

       The Committee recommends an additional $470,000,000 for 
     International Narcotics Control and Law Enforcement 
     activities in Afghanistan, Iraq, Mexico, Central America, 
     Haiti, the Dominican Republic, and the West Bank, which is 
     $264,000,000 below the request.
       Iraq.--The Committee recommends $85,000,000 for Iraq for 
     justice and rule of law programs, which is $74,000,000 below 
     the request. Funding for prison construction is not included.
       Central America.--The Committee recommends $50,000,000 for 
     assistance for Belize, Costa Rica, El Salvador, Guatemala, 
     Honduras, Nicaragua, and Panama, and an additional 
     $10,000,000 for Haiti and the Dominican Republic under the 
     Merida Initiative. Impunity within the military and police 
     forces of several of these countries is of concern, and their 
     justice systems are corrupt and ineffective. The Secretary of 
     State is directed to submit a report, prior to the obligation 
     of funds, on mechanisms to ensure adequate monitoring of 
     these funds.
       The Committee directs the Secretary of State to submit a 
     report not more than 90 days after enactment of this act 
     detailing efforts by the Guatemalan Government to propose and 
     promote legislation to raise the necessary revenues in 
     Guatemala to fund comprehensive judicial and law enforcement 
     reform.
       The omission of Haiti and the Dominican Republic from the 
     request for the Merida Initiative makes it more likely that 
     these vulnerable countries would become increasingly favored 
     transit routes for drug traffickers. The Committee recommends 
     $5,000,000 for Haiti and $5,000,000 for the Dominican 
     Republic to support counternarcotics, border security, anti-
     corruption and rule of law programs.
       Mexico.--The Committee recognizes there is a shared 
     responsibility between the United States and Mexico to combat 
     drug trafficking and related violence and organized crime. 
     The Committee provides $350,000,000 to support programs to 
     enable the Government of Mexico to respond to these threats 
     in accordance with the rule of law, a portion of which is 
     funded with unobligated balances from the Iraq Relief and 
     Reconstruction Fund.
       The Committee also recognizes that corruption and impunity 
     within Mexico's military and police forces are pervasive. 
     Additionally, Mexican law enforcement and intelligence 
     agencies have frequently persecuted legitimate groups for 
     engaging in peaceful dissent. Recommendations of the National 
     Human Rights Commission are often ignored and investigations 
     of violations of human rights by Mexican military and police 
     forces rarely result in convictions. The recommendation 
     requires the Secretary of State to report to the Committees 
     on Appropriations prior to the obligation of funds that 
     mechanisms are in place to ensure proper vetting of 
     recipients of United States assistance. Additionally, the 
     Committee provides that a comprehensive database for vetting 
     military and police forces shall be established by the United 
     States Embassy in Mexico City and continually updated.
       There is concern with the failure to investigate and 
     prosecute the police officers responsible for human rights 
     violations, including rape and sexual violence against women, 
     at San Salvador Atenco on May 3-4, 2006, and in Oaxaca 
     between June and December 2006. These and other such 
     violations by members of the Mexican military and police 
     forces have been documented and require thorough, credible 
     and transparent investigation and prosecution by the Mexican 
     Attorney General. The State and Federal investigations into 
     the October 27, 2007, killing in Oaxaca of American citizen 
     Bradley Will have been flawed and the Secretary of State is 
     directed, not later than 45 days after enactment of this act 
     and 120 days thereafter, to submit a report to the Committees 
     on Appropriations detailing progress in conducting a 
     thorough, credible, and transparent investigation to identify 
     the perpetrators of this crime and bring them to justice.
       One of the benefits of the Merida initiative is that the 
     wireless radio equipment and identification systems being 
     provided will enable the Government of Mexico to more closely 
     collaborate with United States agencies like the Drug 
     Enforcement Administration, Customs and Border Protection, 
     and Immigration and Customs Enforcement. To maximize the 
     potential for collaboration, the Committee recommends that 
     any equipment and technology purchases should be 
     interoperable based on open standards with the equipment and 
     technology being used by their United States Government 
     counterparts.
       West Bank.--The Committee provides $25,000,000 for ongoing 
     training of vetted units of the Palestinian National Security 
     Forces, which is the same as the request.


                    MIGRATION AND REFUGEE ASSISTANCE

2008 appropriation to date...............................$1,023,178,000
2008 supplemental estimate...................................30,000,000
Committee recommendation....................................330,500,000

       The budget request included $230,000,000 for Migration and 
     Refugee Assistance, of which $200,000,000 was provided in the 
     State, Foreign Operations Appropriations Act, 2008 (Public 
     Law 110-161) for emergency refugee requirements in Iraq and 
     the West Bank.
       The Committee recommends an additional $330,500,000 for 
     Migration and Refugee Assistance, which is $300,500,000 above 
     the pending request. Funds should be made available to meet 
     unmet global refugee needs, including to assist Iraqi 
     refugees in Jordan, Syria, Lebanon, Turkey, Egypt, and the 
     surrounding region, as well as internally displaced persons 
     in Iraq. Funds may also be used, if necessary, for the 
     admissions costs of Iraqis granted special immigrant status 
     under the Special Immigrant Visa program authorized by the 
     National Defense Authorization Act of 2008. In addition, 
     funds may be used to offset administrative costs associated 
     with the expanded requirements of the Iraqi refugee program, 
     in consultation with the Committees on Appropriations.
       The humanitarian crisis involving Iraqi refugees and 
     internally displaced persons is of concern and the Government 
     of Iraq has dedicated insufficient resources to assist this 
     most vulnerable segment of the Iraqi population. The 
     Department of State is directed to urge the Government of 
     Iraq to provide a substantial increase in funding for 
     humanitarian assistance to the Iraqi refugee population 
     residing in the region and within the country. In addition, 
     the Secretary of State should ensure that the Senior 
     Coordinator for Iraqi Refugee Issues gives particular 
     attention to the needs of vulnerable minority groups.
       The welfare and security of the 7,900 Lao Hmong in the Thai 
     military camp in Petchaboon, northern Thailand is of concern 
     and the Government of Thailand is urged to support a 
     transparent screening process to identify those who have a 
     legitimate fear of return to Laos. Any attempt to force the 
     return of Hmong refugees to Laos is strongly opposed.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

2008 appropriation to date..................................$44,635,000
2008 supplemental estimate.............................................
Committee recommendation.....................................36,608,000

       The Committee recommends an additional $36,608,000 for the 
     United States Emergency Refugee and Migration Assistance Fund 
     to prevent depletion of this emergency fund.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

2008 appropriation to date.................................$483,055,000
2008 supplemental estimate....................................5,000,000
Committee recommendation.....................................10,000,000

       The Committee recommends an additional $10,000,000 for 
     Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs, which is $5,000,000 above the request.
       Of these funds, $5,000,000 is for presidential protective 
     service support in Afghanistan, which is the same as the 
     request, and $5,000,000 is for a United States contribution 
     to the Comprehensive Test Ban Treaty International Monitoring 
     System.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                        PEACEKEEPING OPERATIONS

2008 appropriation to date.................................$261,381,000
2008 supplemental estimate.............................................
Committee recommendation.....................................10,000,000

       The Committee recommends an additional $10,000,000 for 
     Peacekeeping Operations in the Democratic Republic of the 
     Congo [DRC]. These funds are made available to support 
     infantry battalions of the DRC armed forces, to protect 
     vulnerable civilians in the eastern region of the country, 
     and should be made available in accordance with thorough 
     vetting procedures. The Department of State should ensure 
     that trained units are being provided professional 
     leadership, appropriate training in human rights, and 
     adequate pay.

     Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009

       The budget request totals $3,605,000,000 in emergency 
     supplemental funds for fiscal year 2009. The Committee 
     recommendation is $3,600,000,000 for the Department of State, 
     Foreign Operations, and related programs for fiscal year 2009 
     emergency supplemental requirements, which is $181,000,000 
     below the request.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The Committee recommends $652,400,000 for Diplomatic and 
     Consular Programs. Within this amount, $78,400,000 is 
     available for worldwide security protection and not more than 
     $500,000,000 is available as a bridge fund for Iraq 
     operations.
       To meet increased security and personnel requirements, the 
     Committee provides

[[Page 9489]]

     $87,400,000 for Afghanistan, $7,000,000 for Pakistan, 
     $3,000,000 for Somalia, and $15,000,000 for Sudan. In 
     addition, the Committee provides $40,000,000 to continue 
     support of new positions to develop language and other 
     critical skills of the diplomatic corps and for civilian 
     post-conflict stabilization initiatives.


                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

       The Committee recommends $57,000,000 for the Office of the 
     Inspector General at the Department of State, of which, 
     $15,500,000 is to continue oversight of programs in Iraq, 
     Afghanistan, and the Middle East.
       Special Inspector General for Iraq Reconstruction 
     [SIGIR].--The Committee recommends $36,500,000 for the SIGIR 
     for continued oversight of United States reconstruction 
     programs in Iraq, as authorized by section 3001 of Public Law 
     108-106.
       Special Inspector General for Afghanistan Reconstruction 
     [SIGAR].--The Committee recommends $5,000,000 for the SIGAR, 
     for which no funds were requested, and which is authorized by 
     section 1229 of Public Law 110-181. Such funds shall be used 
     for oversight of United States reconstruction programs in 
     Afghanistan. None of the funds shall be used to duplicate 
     investigations that have been conducted or to support offices 
     or systems of inspectors general at the Department of State 
     or USAID. The SIGAR should co-locate staff and ``back 
     office'' support systems with other inspectors general to the 
     extent feasible.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

                      International Organizations


              Contributions to International Organizations

       The Committee recommends $75,000,000 for Contributions to 
     International Organizations.


        Contributions for International Peacekeeping Activities

       The Committee recommends $150,500,000 for Contributions for 
     International Peacekeeping Activities to fund the 
     administration's revised estimate of the United States-
     assessed contribution to international peacekeeping.

                            RELATED AGENCIES

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       The Committee recommends $6,000,000 for International 
     Broadcasting Operations.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development


                    GLOBAL HEALTH AND CHILD SURVIVAL

       The Committee recommends $75,000,000 for Global Health and 
     Child Survival to continue programs to combat avian 
     influenza.


                         DEVELOPMENT ASSISTANCE

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


                   INTERNATIONAL DISASTER ASSISTANCE

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


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

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


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

                      OFFICE OF INSPECTOR GENERAL

       The Committee recommends $1,000,000 for Operating Expenses 
     of the United States Agency for International Development 
     Office of Inspector General.

                  Other Bilateral Economic Assistance


                         ECONOMIC SUPPORT FUND

       The Committee recommends $1,132,300,000 for Economic 
     Support Fund. The agreement includes funding to address 
     critical health, economic, and security needs. These funds 
     are to be allocated as follows:

                          ECONOMIC SUPPORT FUND
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                   Country and Region                     recommendation
------------------------------------------------------------------------
Afghanistan.............................................         455,000
Bangladesh..............................................          50,000
Burma...................................................           5,300
Central African Republic................................           2,000
Chad....................................................           5,000
Democratic Republic of the Congo........................          10,000
Iraq....................................................         110,000
Jordan..................................................         100,000
Kenya...................................................          25,000
North Korea.............................................          15,000
Pakistan................................................         150,000
Sudan...................................................          25,000
Uganda..................................................          15,000
West Bank...............................................         150,000
Zimbabwe................................................          15,000
                                                         ---------------
      Total.............................................       1,132,300
------------------------------------------------------------------------

       The Committee intends that funds made available for Burma 
     should be used for humanitarian programs along the Thai-Burma 
     border.

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       The Committee recommends $151,000,000 for International 
     Narcotics Control and Law Enforcement activities in Iraq, 
     Afghanistan, the West Bank, and Africa.


                    MIGRATION AND REFUGEE ASSISTANCE

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


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The Committee recommends $4,500,000 for Nonproliferation, 
     Anti-Terrorism, Demining and Related Programs, for 
     humanitarian demining in Iraq.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

       The Committee recommends $145,000,000 for the Foreign 
     Military Financing Program, of which $100,000,000 is for 
     assistance for Jordan and $45,000,000 is for assistance for 
     Lebanon.


                        PEACEKEEPING OPERATIONS

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

             Subchapter C--General Provisions--This Chapter

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


                        EXTENSION OF AUTHORITIES

       Sec. 1401. Extends certain authorities necessary to expend 
     Department of State and foreign assistance funds.


                                  IRAQ

       Sec. 1402. Imposes certain conditions and limitations on 
     assistance for Iraq and requires reports.


                              AFGHANISTAN

       Sec. 1403. Imposes certain conditions and limitations on 
     assistance for Afghanistan and requires a report.


            WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA

       Sec. 1404. Grants limited waiver authority to the President 
     with respect to certain assistance to North Korea and the 
     ``Glenn Amendment,'' which established automatic sanctions in 
     the Arms Export Control Act on non-nuclear weapon states that 
     detonate a nuclear device. The waiver authority would allow 
     the following activities that materially and directly assist 
     in the implementation of the Joint Statement of September 19, 
     2005:
       --Financial assistance to the extent that such assistance 
         materially assists disablement and disarmament 
         (restrictions on credit and credit guarantees would 
         remain in place);
       --Sales of non-lethal articles on the United States 
         Munitions List that may be necessary for disablement/
         dismantlement; and
       --Controlled, dual-use equipment or goods that may be 
         necessary to assist in disablement/disarmament 
         activities.
       In addition, dismantlement and disablement activities shall 
     include removal of nuclear materials from the Korean 
     peninsula and activities to verify that North Korea is 
     fulfilling its denuclearization commitments.


                                 MEXICO

       Sec. 1405. Sets a ceiling on funding for Mexico at 
     $350,000,000 and prohibits the use of funding for budget 
     support or cash payments. The provision restricts obligation 
     of 25 percent of the funding for the military and police 
     forces until the Secretary of State determines and reports 
     certain requirements have been met.


                            CENTRAL AMERICA

       Sec. 1406. Sets a ceiling of $100,000,000 on funding for 
     the countries of Central America, Haiti and the Dominican 
     Republic and prohibits the use of funding for budget support

[[Page 9490]]

     or cash payments. The provision restricts obligation of 25 
     percent of the funding for the military and police forces 
     until certain requirements have been met.


                          TECHNICAL PROVISIONS

       Sec. 1407. Extends certain authorities in existing law. 
     Paragraph (a) provides authority for previously appropriated 
     funds to be used for administrative expenses in the Andean 
     region of South America. Paragraph (b) provides authority for 
     previously appropriated funds for the Department of Energy's 
     National Nuclear Security Administration to support 
     initiatives relating to the Six-Party Talks. Paragraph (c) 
     clarifies authority for transferred funds previously 
     appropriated. Paragraph (d) ensures USAID is fully reimbursed 
     for the costs of administering and managing programs for 
     other agencies and administration initiatives, such as the 
     Millennium Challenge Corporation and the President's 
     Emergency Plan for AIDS Relief. Paragraph (e) provides an 
     exception for this section from the emergency designation of 
     this act.


                    BUYING POWER MAINTENANCE ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 1408. Provides $26,000,000 from Diplomatic and 
     Consular Programs and authority to transfer up to an 
     additional $74,000,000 of the funds made available by this 
     act to the Buying Power Maintenance Account to manage 
     exchange rate losses in fiscal year 2008. The Department of 
     State shall consult on any proposed transfers resulting from 
     this authority. The Department of State estimates the impact 
     of currency fluctuations to be at least $260,000,000 on 
     United States diplomatic operations worldwide.
       In addition, the provision recommends authority to transfer 
     unobligated and expired balances after fiscal year 2008 into 
     the Buying Power Maintenance Account to address future 
     exchange rate losses. The Secretary of State shall submit a 
     report to the Committees on Appropriations not later than 
     October 15, 2008 on the amount transferred pursuant to this 
     authority in this or any fiscal year, the total amount of 
     exchange rate losses in fiscal year 2008, and the accumulated 
     impact of losses from prior years.


                                 SERBIA

       Sec. 1409. Transfers program assistance for Serbia to funds 
     under the heading ``Embassy Security, Construction, and 
     Maintenance'' to cover the costs of damage to the United 
     States Embassy in Belgrade resulting from the February 21, 
     2008 attack.


                              RESCISSIONS

                        (INCLUDING RESCISSIONS)

       Sec. 1410. Rescinds prior year funds and makes them 
     available for a contribution to the World Food Program and 
     for programs in the INCLE account.


                          DARFUR PEACEKEEPING

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


                food security and cyclone nargis relief

                        (including rescissions)

       Sec. 1412. Provides an additional $225,000,000 for 
     International Disaster Assistance to address the 
     international food crisis globally and for assistance for 
     Burma to address the effects of Cyclone Nargis, and offset by 
     a $225,000,000 rescission from the Millennium Challenge 
     Corporation.


                              south africa

       Sec. 1413. Provides the Secretary of State authority 
     regarding visa issuance relating to activities undertaken in 
     opposition to apartheid rule.


                                 jordan

                        (including rescissions)

       Sec. 1414. Provides an additional $300,000,000 for 
     assistance for Jordan for border security, refugee, and 
     reform programs.


                              ALLOCATIONS

       Sec. 1415. Requires that funds in the specified accounts 
     shall be allocated as indicated in the respective tables in 
     this explanatory statement. Any change to these allocations 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.


                        REPROGRAMMING AUTHORITY

       Sec. 1416. Allows for reprogramming of funds made available 
     in prior years to address critical food shortages, subject to 
     prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations.


               SPENDING PLANS AND NOTIFICATION PROCEDURES

       Sec. 1417. Requires the Secretary of State to provide 
     detailed spending plans to the Committees on Appropriations 
     on the uses of funds appropriated in subchapters A and B. 
     These funds are also subject to the regular notification 
     procedures of the Committees on Appropriations.


                          TERMS AND CONDITIONS

       Sec. 1418. Establishes that unless explicitly designated in 
     this chapter, the terms and conditions contained within the 
     State, Foreign Operations and Related Programs Appropriations 
     Act, 2008 (Public Law 110-161) shall apply to funds 
     appropriated by this chapter.

                                TITLE II

                            DOMESTIC MATTERS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The Committee recommends $265,000,000 for Food and Drug 
     Administration, Salaries and Expenses to remain available 
     until September 30, 2009. The Committee directs FDA to 
     provide quarterly reports through December 31, 2009, on the 
     status of the funding, including, but not limited to, 
     expenditures and hiring by program, and significant 
     accomplishments, including operations in foreign countries, 
     enhanced inspection activities, scientific advances, and 
     information technology improvements.
       Of the amount recommended, $125,000,000 shall be used for 
     activities related to food protection. The funding shall be 
     used to open additional FDA offices overseas and improve 
     FDA's capacity to identify risk factors and more rapidly 
     mitigate any food safety problems. This includes more rapid 
     detection of contamination and more rapid trace back 
     abilities to determine the source of any outbreak of food 
     borne illness. Further, this funding will be used to hire 
     additional foreign and domestic inspectors to increase the 
     number of import food exams, the number of foreign food 
     facility inspections and the number of domestic food safety 
     inspections; and to create a new communication system to more 
     rapidly inform the public of any outbreak of food borne 
     illness.
       Of the amount recommended, $100,000,000 shall be used for 
     activities related to drug, device, and biologics safety. The 
     funding shall be used to increase foreign and domestic 
     facility inspections, improve laboratory infrastructure and 
     rapid analysis tools, implement the safety requirements 
     outlined in the Food and Drug Administration Amendments Act, 
     and upgrade the agency's information technology to enable 
     data sharing and enhanced analysis of adverse events.
       Of the amount recommended, $40,000,000 will be used to 
     enhance science programs across the agency, with specific 
     focus on areas of emerging science where the FDA currently 
     lacks the expertise necessary to regulate complex products 
     under development. This will include funding for research, 
     science training and professional development for current FDA 
     staff, and efforts to recruit additional scientific staff to 
     the agency.


                        Buildings and Facilities

       The Committee recommends $10,000,000 for FDA to bring 
     agency laboratories outside of the Washington region in line 
     with public health safety standards.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     PERIODIC CENSUSES AND PROGRAMS

2008 appropriation to date...............................$1,027,406,000
2008 supplemental estimate.............................................
Committee recommendation....................................210,000,000

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

[[Page 9491]]



                         DEPARTMENT OF JUSTICE

                     United States Marshals Service


                         SALARIES AND EXPENSES

2008 appropriation to date.................................$866,523,000
2008 supplemental estimate.............................................
Committee recommendation.....................................50,000,000

       In order to implement and enforce the Adam Walsh Child 
     Protection and Safety Act (Public Law 109-248), the United 
     States Marshals Service requires funding to hire and equip at 
     least 200 Deputy Marshals and at least 25 associated 
     administrative personnel each year for the next 5 years. This 
     funding is critical and necessary to establish the National 
     Sex Offender Targeting Center, improve the information 
     technology backbone, and reinforce the agency's 
     infrastructure so that Deputy Marshals have timely, accurate 
     investigative information to track down and arrest those who 
     prey on our Nation's children. The Committee is deeply 
     concerned that no additional resources have been requested or 
     provided by the Department of Justice to undertake this 
     mission as required under the Adam Walsh Child Protection and 
     Safety Act.

                         Federal Prison System


                         SALARIES AND EXPENSES

2008 appropriation to date...............................$5,050,440,000
2008 supplemental estimate.............................................
Committee recommendation....................................178,000,000

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

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2008 appropriation to date.................................$170,433,000
2008 supplemental estimate.............................................
Committee recommendation....................................590,000,000

       The Committee recommends $490,000,000 for Edward Byrne 
     Memorial Justice Assistance Grants. Byrne grant funding is 
     the single most important Federal resource for cops-on-the-
     beat in our States and local communities. This funding goes 
     by formula to State and local police forces to help them 
     prevent, fight, and prosecute crime.
       The Committee notes that the President's annual budget 
     requests have repeatedly proposed to cut drastically and 
     eliminate Byrne grant funding. Each time, the Committee has 
     rejected the President's proposals. In fiscal year 2008, the 
     Senate-passed Commerce, Justice, Science [CJS] bill provided 
     $660,000,000 for Byrne grants. But because of the President's 
     veto threats, Byrne funding was reduced to just $170,000,000 
     in the final 2008 omnibus bill, $350,000,000 below the 2007 
     level, and $490,000,000 below the level included in the 
     Senate-passed CJS bill for 2008. The Committee has heard from 
     State and local police around the country that the 
     consequences of these funding cuts will be fewer cops on our 
     streets fighting gangs, drugs, and child predators and fewer 
     prosecutions of criminals. This is unacceptable given that 
     communities around the country--from suburbs and small towns 
     to large cities--have faced rising crime rates. The Committee 
     therefore recommends $490,000,000 in Byrne grant funding, and 
     directs the Department of Justice to obligate these funds by 
     formula no later than 30 days after enactment of this act.
       In addition, the Committee recommends $100,000,000 for 
     competitive grants for programs that provide assistance and 
     equipment to local law enforcement along the Southern border 
     or in High-Intensity Drug Trafficking Areas to combat 
     criminal narcotic activity stemming from the Southern border, 
     of which $10,000,000 shall be for the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives Project Gunrunner.

                                SCIENCE

             National Aeronautics and Space Administration


                            Return to Flight

2008 appropriation to date.............................................
2008 supplemental estimate.............................................
Committee recommendation...................................$200,000,000

       The Committee recommends $200,000,000 to address costs 
     associated with the return to flight of the space shuttle. As 
     a result of the loss of the space shuttle Columbia, NASA has 
     experienced significant costs associated with the repair of 
     the remaining shuttle fleet. This has caused serious budget 
     and programmatic disruption to NASA's core programs. The 
     Committee has provided transfer authority to the 
     Administrator to fund programs that were cut as a result of 
     shifting budget priorities related to the return to flight. 
     The Administrator shall submit a spending plan to the 
     Committee for this funding within 30 days of enactment of 
     this act.

                      National Science Foundation


                    Research and Related Activities

2008 appropriation to date...............................$4,821,474,000
2008 supplemental estimate.............................................
Committee recommendation....................................150,000,000

       The Committee recommends $150,000,000 for research and 
     related activities at the National Science Foundation [NSF]. 
     The Committee strongly supports the need to increase funding 
     for all research disciplines at NSF and believes that it will 
     maintain the flow of new ideas that fuel the economy, provide 
     security, and enhance the quality of life. Within the 
     recommendation the Committee provides $10,000,000 for the 
     National Academic Research Fleet which is experiencing 
     reduced research capacity due to rising fuel costs.


                     Education and Human Resources

2008 appropriation to date.................................$725,600,000
2008 supplemental estimate.............................................
Committee recommendation.....................................50,000,000

       The Committee recommends $50,000,000 for science, 
     technology, engineering, and mathematics [STEM] scholarship 
     programs at the National Science Foundation [NSF]. STEM 
     education is critical to our future economic prosperity. The 
     National Academy of Sciences' report ``Rising Above the 
     Gathering Storm'' recommended increasing the number of 
     students earning degrees in the physical sciences in order to 
     energize America for a brighter economic future. The 
     recommendation includes an additional: $20,000,000 for the 
     Robert Noyce Scholarship program to expand the program as 
     authorized by the America COMPETES Act (Public Law 110-69); 
     and $24,000,000 for Graduate Research Fellowships; $5,000,000 
     for Graduate Teaching Fellowships; and $1,000,000 for Federal 
     Scholarship for Service.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2201. The Committee includes bill language providing 
     the National Telecommunications and Information 
     Administration with added flexibility to conduct consumer 
     education programs related to the digital television 
     transition.

                               CHAPTER 3

                          DEPARTMENT OF ENERGY

                   Non-Defense Environmental Cleanup

2008 appropriations to date................................$182,263,000
2008 supplemental estimate.............................................
Committee recommendation......................................5,000,000

       The Committee recommends $5,000,000 for Non-Defense 
     Environmental Cleanup. The Committee has been informed that 
     legal obligations contained in compliance agreements and 
     consent orders will not be met simply because of a lack of 
     funding in fiscal year 2008. Additionally, the Committee has 
     learned that the cleanup workforce will be reduced due to 
     funding shortfalls. This increase provides a stimulus to 
     support the workforce around the complex as well as meets 
     milestones in existing compliance agreements.

      Uranium Enrichment Decontamination and Decommissioning Fund

2008 appropriations to date................................$622,162,000
2008 supplemental estimate.............................................
Committee recommendation.....................................52,000,000

       The Committee recommends an additional $52,000,000 for 
     Uranium Enrichment Decontamination and Decommissioning Fund. 
     The committee has been informed that legal obligations 
     contained in compliance agreements and consent orders will 
     not be met simply because of a lack of funding in fiscal year 
     2008. Additionally, the Committee has learned that the 
     cleanup workforce will be reduced due to funding shortfalls. 
     This increase provides a stimulus to support the workforce 
     around the complex as well as meets milestones in existing 
     compliance agreements.

                                Science

2008 appropriations to date..............................$4,017,711,000
2008 supplemental estimate.............................................
Committee recommendation....................................100,000,000

       The Committee recommends an additional $100,000,000 for 
     Science. The Committee is aware that the final fiscal year 
     2008 appropriation was essentially flat with fiscal year 2007 
     in many areas of the Science budget. The result of flat 
     funding shows up in reduced hours of operation of equipment 
     and facilities, reduced service to users, staff layoffs, 
     reductions to education and training programs, and other 
     negative impacts. This increase to fiscal year 2008 funding 
     will restore the jobs of 10 to 30 people who were terminated 
     and prevent the reduction of 200 additional employees.
       Specifically, $55,000,000 is for Fusion Energy Sciences and 
     $45,000,000 is for High Energy Physics.

[[Page 9492]]



               Environmental and Other Defense Activities


                     DEFENSE ENVIRONMENTAL CLEANUP

2008 appropriations to date..............................$5,349,378,000
2008 supplemental estimate.............................................
Committee recommendation....................................243,000,000

       The Committee recommends an additional $243,000,000 for 
     Defense Environmental Cleanup. The Committee has been 
     informed that legal obligations contained in compliance 
     agreements and consent orders will not be met simply because 
     of a lack of funding in fiscal year 2008. Additionally, the 
     Committee has learned that the cleanup workforce will be 
     reduced due to funding shortfalls. This increase provides a 
     stimulus to support the workforce around the complex as well 
     as meets milestones in existing compliance agreements.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2301. Language is included that extends the Department 
     of Energy's cooperative agreement with the FutureGen Alliance 
     to March 30, 2009.
       Sec. 2302. Language is included to require continued down-
     blending Russian highly enriched uranium stockpiles.

                               CHAPTER 4

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2401. The Committee recommends $600,000 for the Small 
     Business Administration to fund grants to veterans business 
     resource centers.
       Sec. 2402. The Committee recommends a provision to permit 
     payment of premium rate increases in the costs of Federal 
     Employees' Group Life Insurance for eligible bankruptcy 
     judges and territorial district court judges.
       Sec. 2403. The Committee recommends a provision to permit 
     the U.S. Tax Court to pay premium rate increases in the costs 
     of Federal Employees' Group Life Insurance for eligible 
     judges.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2501. The Committee recommends an amendment to the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (Public Law 106-393) that will provide an additional 
     $400,000,000 for payments to States under the act.

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

2008 appropriation to date...............................$3,265,883,000
2008 supplemental estimate.............................................
Committee recommendation....................................110,000,000

       The Committee recommendation includes $110,000,000 for 
     State unemployment insurance and employment service 
     operations. These funds reimburse States for the costs of 
     administering the unemployment insurance program. These funds 
     are available for obligation through December 31, 2008.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

2008 appropriation to date...............................$6,049,973,000
2008 supplemental estimate.............................................
Committee recommendation.....................................26,000,000

       The Committee recommendation includes $26,000,000 for the 
     prevention of and response to medical errors. Funds should be 
     used for research, education and outreach activities. Of the 
     funds provided, no less than $5,000,000 is designated for 
     responding to outbreaks of communicable diseases related to 
     the re-use of syringes in outpatient clinics, which may be 
     used to reimburse local testing facilities and local health 
     departments who are responsible for disease investigation and 
     response. The Committee is particularly supportive of the 
     Centers for Disease Control and Prevention's unique ability 
     to provide genetic sequencing of such an outbreak, allowing 
     for better epidemiologic investigations into the sources of 
     exposure.

                     National Institutes of Health


                         OFFICE OF THE DIRECTOR

2008 appropriation to date...............................$1,109,099,000
2008 supplemental estimate.............................................
Committee recommendation....................................400,000,000

       The Committee recommends $400,000,000 for the National 
     Institutes of Health. This appropriation is directed to the 
     Office of the Director and will be transferred to the NIH 
     Institutes and Centers on a pro-rata basis.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. The recommendation provides an additional 
     $1,000,000,000 for the Low-Income Home Energy Assistance 
     Program, split evenly between formula grants and contingency 
     funds.
       Sec. 2602. The Committee recommendation includes a 
     provision requiring the Government Accountability Office to 
     conduct studies of past and future minimum wage increases in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands.

                               CHAPTER 7

                             RELATED AGENCY

                  American Battle Monuments Commission


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2008 appropriation to date..................................$11,000,000
2008 supplemental estimate.............................................
Committee recommendation.....................................10,000,000

       The Committee recommendation includes $10,000,000 for the 
     American Battle Monuments Commission [ABMC] Foreign Currency 
     Fluctuations Account. The Commission operates and maintains 
     24 permanent American burial grounds on foreign soil, where 
     131,000 U.S. war dead are interred. Since the summer of 2006, 
     the U.S. dollar has fallen steadily against the European 
     euro, causing a shortfall within the Commission's Foreign 
     Currency Fluctuations Account, which affects the funding of 
     salaries and expenses. The Committee recommends replenishing 
     this account to ensure that the Commission can meet payroll 
     obligations and fund cemetery maintenance.

                               CHAPTER 8

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2801. Allows aircraft operating turnaround service in 
     Hawaii under an existing statutory exemption to continue to 
     operate the same service under the exemption after being 
     purchased or leased by another air carrier after April 1, 
     2008. The section also extends an existing statutory 
     exemption to allow such purchased or leased aircraft to be 
     transported between Hawaii and the 48 contiguous States.
       Sec. 2802. Extends for 1 year the current terms and 
     conditions of the aviation insurance program, commonly known 
     as "war risk insurance," and the limitation on air carrier 
     liability for third party claims arising out of acts of 
     terrorism.

                               TITLE III

        HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                     EMERGENCY CONSERVATION PROGRAM

2008 appropriation to date.............................................
2008 supplemental estimate.............................................
Committee recommendation....................................$49,413,000

       The Committee recommends $49,413,000 for the Emergency 
     Conservation Program for recovery from floods, storms, and 
     other natural disasters.

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

2008 appropriation to date..................................$29,790,000
2008 supplemental estimate.............................................
Committee recommendation....................................130,464,000

       The Committee recommends $130,464,000 for the Emergency 
     Watershed Protection Program for recovery from floods, 
     storms, and other natural disasters.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3101. This section makes $1,000,000 of funds 
     previously provided to the Rural Electrification and 
     Telecommunications Program Account to address hurricane 
     damage available for electric loan modifications needed 
     subsequent to any weather related damage occurring after 
     Hurricane Katrina. A corresponding $1,000,000 of available 
     funds are rescinded.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

2008 appropriation to date.................................$249,100,000
2008 supplemental estimate.............................................
Committee recommendation.....................................75,000,000

       The Committee recommends $75,000,000 for Economic 
     Development Assistance Programs [EDAP] to assist in the 
     relocation of public facilities of the Port of New Orleans as 
     a result of the closure of the deep draft channel of the 
     Mississippi River Gulf Outlet [MRGO]. This funding is 
     provided in accordance with section 3082(a) of the Water 
     Resource Development Act of 2007 (Public Law 110-114). No 
     funds are provided to relocate private facilities.

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

2007 appropriation to date...............................$2,859,277,000
2007 supplemental estimate.............................................
Committee recommendation.....................................75,000,000

       The Committee recommends $75,000,000 to help alleviate the 
     economic impacts associated with commercial fishery failures, 
     fishery resource disasters, and State and Federal 
     regulations. The Committee is aware of multiple requests for 
     fishery assistance. Specifically, the Committee is aware of 
     costs associated with reductions in fishing capacity in the 
     Northeast, costs associated with gear modifications to 
     protect endangered species, as well as declared and pending 
     disasters for west coast salmon, Chesapeake Bay blue crab, 
     and gulf coast oysters. The Committee directs the Secretary 
     of Commerce to provide the Committee with a spend plan for 
     the

[[Page 9493]]

     allocation of these funds no later than 45 days after 
     enactment.

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2008 appropriation to date.................................$187,513,000
2008 supplemental estimate.............................................
Committee recommendation.....................................75,000,000

       The Committee recommends $75,000,000 for Edward Byrne 
     Discretionary Grants to assist State and local law 
     enforcement in Louisiana, Mississippi, and Alabama to 
     continue to rebuild capacity and fight rising crime in the 
     aftermath of Hurricane Katrina. Increased crime in the gulf 
     region threatens the region's long-term recovery and 
     immediate assistance is crucial. Funding is provided to 
     combat juvenile crime and delinquency, assist in basic 
     operational costs, and restore criminal and civil justice 
     recordkeeping systems. Of the funds provided, $50,000,000 is 
     for Louisiana, $12,500,000 is for Alabama, and $12,500,000 is 
     for Mississippi.

                    GENERAL PROVISION--THIS CHAPTER

         Sec. 3201. The Committee includes bill language requiring 
     certain designations in the Gulf of Mexico to comply with the 
     National Marine Sanctuaries Act.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

2008 appropriations to date.............................$2,294,029,000 
2008 supplemental estimate (2009 budget request)........(4,362,000,000)
Committee recommendation.................................5,033,345,000 

       The Committee has not recommended the Lake Pontchartrain 
     and Vicinity, West Bank and Vicinity and Southeast Louisiana 
     projects be combined into a single project to be cost shared 
     65 percent Federal and 35 percent non-Federal as proposed by 
     the administration with a resulting Federal cost of 
     $2,835,000,000 and a non-Federal cost of $1,527,000,000. The 
     Committee believes that the three authorized projects can be 
     constructed as a coherent hurricane protection system without 
     modifying the individual project authorizations or cost 
     shares resulting in a Federal share of $3,047,000,000 and a 
     non-Federal share of $1,315,000,000 that will be initially 
     federally funded. This $4,362,000,000 shall not be available 
     until October 1, 2008. The Committee has recommended 
     $1,657,000,000 for the Lake Ponchartrain and Vicinity 
     project; $1,415,000,000 for the West Bank and Vicinity 
     Project; and $1,290,000,000 for the Southeast Louisiana 
     projects. These three projects are to be initially federally 
     funded with non-Federal shares estimated to be $497,000,000; 
     $495,000,000; and $323,000,000 respectively. The non-Federal 
     shares are to be repaid in accordance with section 103(k) of 
     the Water Resources Development Act of 1986 (Public Law 99-
     662) over a period of 30 years. While the Committee has 
     recommended specific statutory dollar amounts for the three 
     projects, statutory language has been included that would 
     allow the administration to request a reprogramming of funds, 
     if required. However, the Committee believes that the Corps 
     should use this reprogramming ability sparingly.
       The Committee has recommended $604,745,000 hurricane and 
     storm damage reduction, flood damage reduction and ecosystem 
     restoration along the gulf coast of Mississippi. This 
     $604,745,000 shall not be available until October 1, 2008. 
     The Committee recommendation includes $173,615,000 for the 
     Turkey Creek, Bayou Cumbest, Dantzler, Admiral Island, 
     Franklin Creek, and Deer Island Environmental Restoration 
     projects; $4,550,000 for the Moss Point Municipal Relocation 
     project; $5,000,000 for the Waveland Floodproofing project; 
     $150,000 for the Mississippi Sound Sub Aquatic Vegetation 
     Project; $15,430,000 for the Coast-Wide Dune Restoration 
     Project; $397,000,000 for the Homeowners Assistance and 
     Relocation Project; and $9,000,000 for the Forrest Heights 
     Hurricane and Storm Damage Reduction project. These projects 
     are generally described in the Mobile District Engineer's 
     Mississippi Coastal Improvements Program Comprehensive Plan 
     Report. The non-Federal share of $211,661,000 is to be repaid 
     in accordance with section 103(k) of the Water Resources 
     Development Act of 1986 (Public Law 99-662) over a period of 
     30 years. While the Committee has recommended specific 
     statutory dollar amounts for the listed projects, statutory 
     language has been included that would allow the 
     administration to request a reprogramming of funds, if 
     required. However, the Committee believes that the Corps 
     should use this reprogramming ability sparingly.
       Due to recent natural disasters, the Corps of Engineers has 
     identified a number of projects that are currently under 
     construction that have been damaged by storm and flood 
     events. The Committee has recommended $66,600,000 for the 
     Corps to repair and rehabilitate these construction projects 
     that were affected by natural disasters.


                   MISSISSIPPI RIVER AND TRIBUTARIES

2008 appropriations to date................................$387,402,000
2008 supplemental estimate.............................................
Committee recommendation.....................................17,700,000

       Due to recent natural disasters, the Corps of Engineers has 
     identified a number of Federally maintained construction and 
     maintenance projects that have been damaged or otherwise 
     impacted by storm and flood events. The Committee has 
     recommended $17,700,000 for the Corps to repair and 
     rehabilitate these projects that were affected by natural 
     disasters.


                       OPERATION AND MAINTENANCE

2008 appropriations to date..............................$2,243,637,000
2008 supplemental estimate.............................................
Committee recommendation....................................338,800,000

       Due to recent natural disasters, the Corps of Engineers has 
     identified a number of navigation and flood damage reduction 
     projects that have been impacted by storm and flood events. 
     The Committee has recommended $338,800,000 for the Corps to 
     restore navigation channels and harbors to pre-storm 
     conditions; to repair eligible flood damage reduction and 
     other projects in States affected by natural disasters; and 
     to continue to inventory and assess levees and floodwalls 
     nationwide.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

2008 appropriations to date............................................
2008 supplemental estimate (2009 budget request).......($2,926,000,000)
Committee recommendation.................................3,368,400,000 

       The Committee has recommended the full administration 
     request of $2,926,000,000 for the work related to Hurricanes 
     Katrina and Rita. However, for consistency, the funding has 
     been recommended in the same elements as requested by the 
     administration and appropriated in Public Law 109-234 rather 
     than as a lump sum as proposed by the administration for this 
     request. This $2,926,000,000 shall not be available until 
     October 1, 2008. The Committee has recommended $704,000,000 
     to modify the 17th Street, Orleans Avenue, and London Avenue 
     drainage canals and install pumps and closure structures at 
     or near the lakefront; $90,000,000 for storm-proofing 
     interior pump stations to ensure the operability of the 
     stations during hurricanes, storms, and high water events; 
     $459,000,000 for armoring critical elements of the New 
     Orleans hurricane and storm damage reduction system; 
     $53,000,000 to improve protection at the Inner Harbor 
     Navigation Canal; $456,000,000 to replace or modify certain 
     non-Federal levees in Plaquemines Parish to incorporate the 
     levees into the existing New Orleans to Venice hurricane 
     protection project; $412,000,000 for reinforcing or replacing 
     flood walls, as necessary, in the existing Lake Pontchartrain 
     and Vicinity project and the existing West Bank and Vicinity 
     project to improve the performance of the systems; 
     $393,000,000 for repair and restoration of authorized 
     protections and floodwalls; and $359,000,000 to complete the 
     authorized protection for the Lake Pontchartrain and Vicinity 
     Project and for the West Bank and Vicinity Project. While the 
     Committee has recommended specific statutory dollar amounts 
     for the three projects, statutory language has been included 
     that would allow the administration to request a 
     reprogramming of funds, if required. However, the Committee 
     believes that the Corps should use this reprogramming ability 
     sparingly.
       The Committee remains concerned that plans under 
     development for permanent pumping of storm water in the New 
     Orleans metropolitan area do not fully account for the 
     operational challenges that arise during major storm events 
     and are not, therefore, fully protective of public safety.
       After reviewing the report furnished in response to section 
     4303 of Public Law 110-28, the Committee has concluded that 
     Option 1, as presented therein, presents unacceptable risks 
     given that it relies on old equipment and technology that is 
     less reliable, it requires synchronized operation of multiple 
     pump stations by both local and Federal agencies during high 
     flood flow or storm events creating operational complexity 
     and requires operation and maintenance of more systems that 
     would be true in Option 2.
       In the report the Corps states that ``Option 2 is generally 
     more technically advantageous and may be more effective 
     operationally over Option 1 because it would have greater 
     reliability and further reduces the risk of flooding.'' The 
     Corps further states that ``Discharge of storm water directly 
     to the Mississippi River (Option 2a) would reduce the size of 
     the new pump station required at the lake and would reduce 
     the magnitude of the canal modifications required to 
     accommodate gravity flow in the 17th Street system.''
       Given these conclusions and the severe consequences of a 
     failure relating to loss of life and property, the Corps is 
     directed to continue the NEPA alternative evaluation of all 
     options with particular attention to Options 1 and 2 and 2a 
     and within 90 days of enactment of this act provide the House 
     and Senate Appropriation Committees cost estimates to 
     implement Options 1, 2 and 2a of the above cited report.
       The Committee recommendation includes $348,000,000 for 
     barrier island restoration and

[[Page 9494]]

     ecosystem restoration along the Mississippi gulf coast. This 
     $348,000,000 shall not be available until October 1, 2008. 
     This restoration will help to restore the historic levels of 
     storm damage reduction to the Mississippi gulf coast that 
     these islands once provided. These funds are provided at full 
     Federal expense as these islands are a part of the Gulf 
     Islands National Seashore and are publicly owned and managed 
     by the Department of the Interior.
       Due to recent natural disasters, the Corps of Engineers has 
     identified a number of projects that have been damaged by 
     storm and flood events. The Committee has recommended 
     $94,400,000 for the Corps to prepare for flood, hurricane and 
     other natural disasters and support emergency operations, 
     repairs, and other activities in response to flood and 
     hurricane emergencies, as authorized by law; to repair and 
     rehabilitate eligible projects that were affected by natural 
     disasters; and to fund claims processing and discovery costs 
     associated with Hurricane Katrina lawsuits.


                            GENERAL EXPENSES

2008 appropriations to date................................$175,046,000
2008 supplemental estimate.............................................
Committee recommendation......................................1,500,000

       Funds totaling $1,500,000 are recommended for additional 
     oversight and management costs associated with Hurricanes 
     Katrina and Rita.

                               CHAPTER 4

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3401. The Committee includes a provision to extend 
     eligibility under the Small Business Administration's 8(a) 
     program for 2 additional years beyond the current 
     participation limit of 9 years for small businesses located 
     in Katrina-impacted areas in Alabama, Mississippi, and 
     Louisiana. The Committee is concerned that access to Federal 
     recovery contracts for small businesses in the gulf region is 
     inadequate. The Committee also urges SBA District Offices and 
     regional SBA Procurement Center Representatives to heighten 
     their focus on improving small business utilization efforts 
     in the gulf region, including attention to small businesses 
     associated with the Michoud Assembly Facility in New Orleans, 
     Louisiana.

                               CHAPTER 5

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3501. A provision is included regarding Federal 
     Emergency Management Agency assistance to police stations, 
     fire stations, and criminal justice facilities damaged by 
     Hurricanes Katrina and Rita of 2005.
       Sec. 3502. A provision is included regarding flood 
     insurance in the St. Louis District of the Mississippi Valley 
     Division of the Corps of Engineers.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        Wildland Fire Management

2008 appropriation to date...............................$1,057,072,000
2008 supplemental estimate.............................................
Committee recommendation....................................125,000,000

       The Committee recommends $125,000,000 for wildland fire 
     management activities. Of this amount, $100,000,000 is for 
     urgent wildland fire suppression, and $25,000,000 is for 
     burned area rehabilitation.

                         National Park Service


                       Historic Preservation Fund

2008 appropriation to date..................................$70,385,000
2008 supplemental estimate.............................................
Committee recommendation.....................................15,000,000

       The Committee recommends $15,000,000 for the Historic 
     Preservation Fund for expenses related to Hurricane Katrina. 
     These funds will be directed by the National Park Service to 
     the Louisiana State Historic Preservation Officer for grants 
     for the restoration and rehabilitation at Jackson Barracks.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

2008 appropriation to date...............................$2,921,051,000
2008 supplemental estimate.............................................
Committee recommendation......................................5,000,000

       The Committee recommends an additional $5,000,000 for the 
     State and tribal assistance grant account for expenses 
     related to Hurricanes Katrina and Rita. These funds will be 
     used by Cameron Parish, Louisiana for sewer system 
     improvements for the community of Holly Beach.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        Wildland Fire Management

2008 appropriation to date...............................$2,494,477,000
2008 supplemental estimate.............................................
Committee recommendation....................................325,000,000

       The Committee recommends an additional $325,000,000 for the 
     wildland fire management account to fund wildland fire 
     suppression and rehabilitation and restoration of burned-over 
     forest lands. Of the funds provided, $250,000,000 shall be 
     for emergency fire suppression activities and for repayment 
     of other program funds borrowed to fund suppression 
     activities. The Committee has also provided $75,000,000 for 
     urgently needed fire rehabilitation and restoration projects 
     on national forest lands and directs the Forest Service to 
     allocate these funds to areas that face the greatest 
     stabilization and watershed protection needs based on values 
     at risk. The Committee notes that it has provided language to 
     transfer these funds into other agency accounts as necessary.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3601. This section clarifies that the use of funds 
     previously provided in Public Law 110-161 for the purpose of 
     acquiring lands shall not be subject to certain internal 
     policies of the Department of the Interior.

                               CHAPTER 7

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Medicare and Medicaid Services

2008 appropriation to date.............................................
2008 supplemental estimate.............................................
Committee recommendation...................................$350,000,000

       The Committee recommendation includes $350,000,000 for 
     grants to hospitals in the gulf coast region affected by 
     Hurricane Katrina to stabilize the workforce for patient 
     care. Funds shall remain available until September 30, 2010.

                               CHAPTER 8

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard


                    (Including Rescission of Funds)

2008 appropriation to date.................................$536,656,000
2008 supplemental estimate.............................................
Committee recommendation.....................................11,503,000

       The Committee recommends $11,503,000 for Military 
     Construction, Army National Guard. The funds are provided to 
     reconstruct a Battalion Supply building and billeting areas 
     at Camp Shelby, Mississippi, that were destroyed as a result 
     of tornado damage on March 4, 2008.
       The Committee also recommends rescinding $7,000,000 in 
     funds previously appropriated to this account due to savings. 
     The rescissions are as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Committee
          Public Law                        Location                      Project title           recommendation
----------------------------------------------------------------------------------------------------------------
Public Law 109-234 (fiscal      Louisiana: Hammond.............  Army Aviation Support Facility.          -2,600
 year 2006)...................
                                Louisiana: Jackson Barracks....  Readiness Center...............          -1,750
                                Louisiana Various Locations....  Projects provided in Public Law          -2,650
                                                                  109-148.
                                                                                                 ---------------
      TOTAL...................  ...............................  ...............................          -7,000
----------------------------------------------------------------------------------------------------------------

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3801. Allows certain funds available in the Department 
     of Defense Family Housing Improvement Fund to be used for a 
     family housing privatization project.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

2008 appropriation to date.................................$100,000,000
2008 supplemental estimate.............................................
Committee recommendation....................................451,126,383

       The Committee recommends an additional $451,126,383 to 
     carry out emergency relief [ER] projects for which a formal 
     request has been submitted to the Federal Highway 
     Administration [FHWA] for disasters occuring in fiscal year 
     2005 to the present. The amount provided will be sufficient 
     to cover an estimated backlog of 41 separate applications 
     from 21 States for roads and bridges that were damaged or 
     destroyed in declared disaster areas.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

2008 appropriation to date.............................................
2008 supplemental estimate.............................................
Committee recommendation....................................$73,000,000

       The Committee recommends $76,000,000 to fund permanent 
     supportive housing in Louisiana. The State of Louisiana 
     developed

[[Page 9495]]

     plans to create 3,000 units of permanent supportive housing 
     for elderly, disabled and other homeless individuals most at 
     risk. The recommended funding will provide the necessary rent 
     subsidies to make these units affordable and get tenants into 
     safe and stable housing. Of the funding recommended, at least 
     $20,000,000 will support project-based vouchers, and at least 
     $50,000,000 will support units under the Shelter Plus Care 
     program. The Committee has also included not more than 
     $3,000,000 to cover reasonable administrative expenses of the 
     State of Louisiana related to administering this funding.

                    Project-Based Rental Assistance

2008 appropriation.......................................$6,381,810,000
2008 supplemental estimate.............................................
House allowance........................................................
Committee recommendation.....................................20,000,000

       The Committee recommends $20,000,000 to fund vouchers for 
     project-based rental assistance in the State of Mississippi 
     to assist low-income individuals and families that were 
     impacted by Hurricane Katrina. The recommended funding will 
     provide necessary housing support for citizens in economic 
     distress including homeless individuals in the impacted 
     region.

                     Housing Transition Assistance

2008 appropriation to date.............................................
2008 supplemental estimate.............................................
Committee recommendation.....................................$3,000,000

       The Committee has provided $3,000,000 to the State of 
     Louisiana for case management and housing transition services 
     for families in areas impacted by Hurricanes Katrina and Rita 
     of 2005.

                       Community Development Fund

2008 appropriation to date...............................$6,865,800,000
2008 supplemental estimate.............................................
Committee recommendation.....................................50,000,000

       The Committee recommends an additional $50,000,000 in 
     Community Development Block Grant [CDBG] funds for the State 
     of Alabama for disaster relief efforts to cover uncompensated 
     housing damage that has resulted from Hurricane Katrina. 
     Consistent with the requirements of prior CDBG appropriations 
     to the hurricane-impacted region, the Committee requires the 
     State to submit a plan to the Secretary of Housing and Urban 
     Development outlining the proposed use of such funds. The 
     Committee provides that the State may use up to 5 percent of 
     the total funds made available under this section for 
     administrative costs. Consistent with previous appropriations 
     to the gulf States for hurricane recovery activities, the 
     Secretary may waive or require additional requirements to 
     facilitate the use of such funds.


                              (Rescission)

       The Committee recommends a rescission of $200,000,000 from 
     unobligated supplemental funds previously made available in 
     Public Law 110-116 through the CDBG program for the ``Road 
     Home'' recovery program in Louisiana. These funds were made 
     available solely to cover uncompensated but eligible claims 
     under that program. Updated data indicate that $200,000,000 
     will be available for rescission once all eligible claims are 
     paid.

                                TITLE IV

                    VETERANS EDUCATIONAL ASSISTANCE

       The Committee recommendation includes provisions 
     establishing a new program of educational assistance for 
     servicemembers who have served on active duty since September 
     11, 2001.

                                TITLE V

                  EMERGENCY UNEMPLOYMENT COMPENSATION

       The Committee recommendation includes provisions related to 
     a program of emergency unemployment compensation.

                                TITLE VI

                          OTHER HEALTH MATTERS

       The Committee recommendation includes a number of 
     provisions that extend or impose a moratorium on a number of 
     Medicaid regulations. Those provisions relate to payments to 
     public providers, payments for graduate medical education, 
     payments for targeted case management activities, payments 
     for school-based and rehabilitation services, payments for 
     outpatient services, and provider taxes.
       The Committee recommendation also includes a provision 
     making a technical correction to a DRA provision related to 
     Medicaid drug pricing.
       The Committee recommendation includes a provision expanding 
     the existing web-based asset verification demonstration 
     program in the Supplemental Security Income program to the 
     Medicaid program.
       The Committee recommendation includes a provision 
     preventing new physician-owned hospitals from joining the 
     Medicare program.
       The Committee recommendation includes a provision to 
     deposit excess savings from the two offsets in an account 
     available for future improvements to the Medicare program.
       The Committee recommendation also includes a prohibition 
     against the Secretary of Health and Human Services taking any 
     action related to an August 17, 2007 CMS directive under the 
     State Children's Health Insurance Program. The recommendation 
     also includes an adjustment to the physician assistance and 
     quality initiative fund.

                               TITLE VII

        ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

                               CHAPTER 1

                  CLOSE THE CONTRACTOR FRAUD LOOPHOLE

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

                               CHAPTER 2

                    GOVERNMENT FUNDING TRANSPARENCY

       Chapter 2 of title VII is identical to the language of H.R. 
     3928, ``Government Funding Transparency Act of 2007,'' passed 
     by the House on April 23, 2008. It requires any company or 
     organization receiving at least $25,000,000 and 80 percent or 
     more of their revenue from Federal payments to disclose the 
     salaries of their most highly compensated officers.

                               TITLE VIII

                      EMERGENCY AGRICULTURE RELIEF

       The Committee recommends a provision regarding farm workers 
     and modifying the H-2A visa program.

                                TITLE IX

                    TELEWORK ENHANCEMENT ACT OF 2008

       The Committee includes provisions to define ``telework'' 
     and to require executive agencies to establish telework 
     policies.

                                TITLE X

                      GENERAL PROVISIONS--THIS ACT


                         AVAILABILITY OF FUNDS

       Sec. 10001. The Committee recommends a provision that 
     limits the availability of the funds provided in this title 
     to the current fiscal year unless expressly provided 
     otherwise.


                         emergency designation

       Sec. 10002. The Committee recommends a provision 
     designating the funds in this Act as emergency requirements.


              avoidance of u.s. payroll tax contributions

       Sec. 10003. The Committee recommends a provision to 
     prohibit the use of funds to contract with U.S. corporations 
     which hire U.S. employees through foreign offshore 
     subsidiaries to avoid U.S. payroll tax contributions.


            extension of eb-5 regional center pilot program

       Sec. 10004. The recommendation includes a provision 
     extending the EB-5 Regional Centers pilot program for 5 
     years.


              interim relief for skilled immigrant workers

       Sec. 10005. The recommendation includes a provision 
     recapturing unused employment based visas.


                        nursing shortage relief

       Sec. 10006. The recommendation includes a provision 
     regarding nursing shortage relief.


           nurse training and retention demonstration grants

       Sec. 10007. The recommendation includes a provision 
     regarding nurse training and retention demonstration grants.


                         EXPLANATORY STATEMENT

       Sec. 10008. The Committee recommends language that would 
     have the effect of treating this explanatory statement when 
     printed in the Congressional Record as if it were a report to 
     the Senate.


                              short title

       Sec. 10009. The Committee recommends a short title for this 
     act.


                 NOTIFICATION OF EMERGENCY LEGISLATION

       The congressional budget resolution (S. Con. Res. 21) 
     agreed to by Congress for fiscal year 2007 includes 
     provisions relating to the notification of emergency 
     spending. These provisions require a statement of how the 
     emergency provisions contained in the bill meet the criteria 
     for emergency spending as identified in the budget 
     resolution.
       The Committee recommends emergency funding for fiscal year 
     2008 for overseas deployments and other activities, for 
     hurricane recovery in the gulf coast region, and other 
     natural disasters, and for other needs. The funding is 
     related to unanticipated needs and is for situations that are 
     sudden, urgent, and unforeseen, specifically the global war 
     on terror and the hurricanes of 2005 and other natural 
     disasters. The recommendation also funds the costs of ongoing 
     military deployments and other requirements through the 
     beginning months of the next fiscal year. These needs meet 
     the criteria for emergencies.

                              AMENDMENT #2

                                TITLE XI

                            DEFENSE MATTERS

                               CHAPTER 1

            SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                                Overview


                             Recommendation

       In title XI, chapter 1, total new appropriations of 
     $99,505,877,000 are recommended. A

[[Page 9496]]

     detailed review of the recommendations for programs funded in 
     this chapter is provided in the following pages.
       The recommended supplemental appropriations for the 
     Department of Defense are intended for ongoing military and 
     intelligence operations in support of Operation Iraqi Freedom 
     [OIF], Operation Enduring Freedom [OEF], and the larger 
     global war on terror [GWOT]. The recommendations in this 
     chapter are based on the initial budget request, an update to 
     that request, formal hearings, and numerous briefings and are 
     intended to address emergency, high-priority needs of the 
     United States military and intelligence community. In some 
     cases, funding has been reduced or eliminated for certain 
     activities that are either not emergency in nature; that 
     cannot be obligated and/or executed in a timely fashion; or 
     which involve new policy and program decisions that should be 
     addressed in the regular authorization and appropriations 
     bills for fiscal year 2009.
       The following table summarizes by appropriation account or 
     general provision, the recommendation:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
                      CHAPTER 1
 
           DEPARTMENT OF DEFENSE--MILITARY
 
                  Military Personnel
 
Military Personnel, Army (emergency).................        12,216,715
Military Personnel, Navy (emergency).................           894,185
Military Personnel, Marine Corps (emergency).........         1,826,688
Military Personnel, Air Force (emergency)............         1,355,544
Reserve Personnel, Army (emergency)..................           304,200
Reserve Personnel, Navy (emergency)..................            72,800
Reserve Personnel, Marine Corps (emergency)..........            16,720
Reserve Personnel, Air Force (emergency).............             5,000
National Guard Personnel, Army (emergency)...........         1,369,747
National Guard Personnel, Air Force (emergency)......             4,000
                                                      ------------------
      Total, Military Personnel......................        18,065,599
 
              Operation and Maintenance
 
Operation & Maintenance, Army (emergency)............        17,223,512
Operation & Maintenance, Navy (emergency)............         2,977,864
    (Transfer out) (emergency).......................         (-112,607)
Operation & Maintenance, Marine Corps (emergency)....           159,900
Operation & Maintenance, Air Force (emergency).......         5,972,520
Operation & Maintenance, Defense-Wide (emergency)....         3,657,562
Operation & Maintenance, Army Reserve (emergency)....           164,839
Operation & Maintenance, Navy Reserve (emergency)....           109,876
Operation & Maintenance, Marine Corps Reserve                    70,256
 (emergency).........................................
Operation & Maintenance, Air Force Reserve                      165,994
 (emergency).........................................
Operation & Maintenance, Army National Guard                    685,644
 (emergency).........................................
Operation & Maintenance, Air National Guard                     287,369
 (emergency).........................................
                                                      ------------------
      Subtotal, Operation and Maintenance............        31,475,336
 
Iraq Freedom Fund (emergency)........................            50,000
Afghanistan Security Forces Fund (emergency).........         1,400,000
Iraq Security Forces Fund (emergency)................         1,500,000
                                                      ------------------
      Subtotal, Other................................         2,950,000
                                                      ------------------
      Total, Operation and Maintenance...............        34,425,336
 
                     Procurement
 
Aircraft Procurement, Army (emergency)...............           954,111
Missile Procurement, Army (emergency)................           561,656
Procurement of Weapons and Tracked Combat Vehicles,           5,463,471
 Army (emergency)....................................
Procurement of Ammunition, Army (emergency)..........           344,900
Other Procurement, Army (emergency)..................        16,337,340
Aircraft Procurement, Navy (emergency)...............         3,563,254
Weapons Procurement, Navy (emergency)................           317,456
Procurement of Ammunition, Navy and Marine Corps                304,945
 (emergency).........................................
Other Procurement, Navy (emergency)..................         1,399,135
Procurement, Marine Corps (emergency)................         2,197,390
Aircraft Procurement, Air Force (emergency)..........         7,103,923
Missile Procurement, Air Force (emergency)...........            66,943
Procurement of Ammunition, Air Force (emergency).....           205,455
Other Procurement, Air Force (emergency).............         1,953,167
Procurement, Defense-Wide (emergency)................           408,209
National Guard and Reserve Equipment (emergency).....           825,000
Rapid Acquisition Fund...............................
                                                      ------------------
      Total, Procurement.............................        42,006,355
 
      Research, Development, Test and Evaluation
 
Research, Development, Test & Evaluation, Army                  162,958
 (emergency).........................................
Research, Development, Test & Evaluation, Navy                  366,110
 (emergency).........................................
Research, Development, Test & Evaluation, Air Force             399,817
 (emergency).........................................
Research, Development, Test and Evaluation, Defense-            816,598
 Wide (emergency)....................................
                                                      ------------------
      Total, Research, Development, Test and                  1,745,483
       Evaluation....................................
 
            Revolving and Management Funds
 
Defense Working Capital Funds (emergency)............         1,837,450
National Defense Sealift Fund (emergency)............             5,110
                                                      ------------------
      Total, Revolving and Management Funds..........         1,842,560
 
         Other Department of Defense Programs
 
Defense Health Program (emergency)...................         1,413,864
    Operation and maintenance (emergency)............          (957,064)
    Procurement (emergency)..........................           (91,900)
    Research Development and Testing (emergency).....          (364,900)
Psychological health and traumatic brain injury                  75,000
 (emergency).........................................
Drug Interdiction and Counter-Drug Activities,                   65,317
 Defense (emergency).................................
Office of the Inspector General (emergency)..........             6,394
                                                      ------------------
      Total, Other Department of Defense Programs....         1,560,575
 
                  General Provisions
 
Sec. xxxx Additional transfer authority (emergency)..        (2,500,000)
Defense Cooperation Account: Sec. xxxx (transfer                  6,500
 authority) (emergency)..............................
Rescission (emergency)...............................          -146,531
                                                      ------------------
      Total, General Provisions......................          -140,031
                                                      ------------------
      Total, Chapter 1...............................        99,505,877
------------------------------------------------------------------------

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                        Fiscal Year 2008
                                                          Yellow Ribbon
------------------------------------------------------------------------
Military Personnel:
     Reserve Personnel, Army..........................             5,000
    Reserve Personnel, Navy...........................             2,800
    Reserve Personnel, Marine Corps...................             1,300
    Reserve Personnel, Air Force......................             2,000
    National Guard Personnel, Army....................            15,000
    National Guard Personnel, Air Force...............             4,000
                                                       -----------------
      Total, Military Personnel.......................            30,100
                                                       =================
Operation and Maintenance:
    Operation and Maintenance, Army Reserve...........             8,300
    Operation and Maintenance, Navy Reserve...........             2,200
    Operation and Maintenance, Marine Corps Reserve...             1,300
    Operation and Maintenance, Air Force Reserve......             3,500
    Operation and Maintenance, Army National Guard....            18,000
    Operation and Maintenance, Air National Guard.....             2,000
                                                       -----------------
      Total, Operation and Maintenance................            35,300
------------------------------------------------------------------------

       --Contract Management.--The recommendation includes 
         $52,000,000 for the Defense Contract Management Agency to 
         hire more than 200 additional contract managers to 
         prevent waste, fraud and abuse in Department of Defense 
         contracting in Iraq and Afghanistan;
       --Land Warrior.--The recommendation includes $102,000,000 
         to outfit one ``next to deploy'' brigade combat team with 
         Land Warrior equipment sets;
       --C-17 Procurement.--The recommendation includes 
         $3,604,500,000 to procure 15 C-17 aircraft;
       --C-130 Procurement.--The recommendation includes 
         $2,469,700,000 for the procurement of 34 C-130 aircraft 
         including Air Force, Marine Corps and Special Operations 
         variants; and
       --Department of Defense Identified Acquisition 
         Shortfalls.--The recommendation includes over 
         $1,200,000,000 for a variety of military service Joint 
         Urgent Operational Needs identified by the Department of 
         Defense.
       Overall, the recommendations total $99,505,877,000 and are 
     structured to maximize support to our men and women in 
     uniform. They meet important force protection, equipment and 
     personnel needs, while fully funding the operational 
     requirements to conduct the global war on terror.


                            CLASSIFIED ANNEX

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


                         REPORTING REQUIREMENTS

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


                 CIVIL SUPPORT RESPONSIBILITIES REPORT

       The Secretary of Defense, in consultation with the 
     Secretary of Homeland Security, shall provide a report on the 
     progress of the Department of Defense efforts to plan for and 
     provide support to civil authorities during incidents of 
     national significance as required by sections 1814 and 1815 
     of Public Law 110-181. The report shall be provided to the 
     Committees on Appropriations and other congressional defense 
     committees no later than 60 days after enactment of this act.

[[Page 9497]]

     Specifically the report shall provide a projected timeframe 
     for completing the determination of requirements requested in 
     sections 1814 and 1815, milestones for implementation of 
     planning and readiness improvements, and any available 
     information on the Department of Defense's current state of 
     readiness and gaps in readiness for each of the National 
     Planning Scenarios. In addition, the Secretary of Defense 
     shall include in the report an explanation on how the 
     Department's civil support and homeland defense 
     responsibilities are incorporated into the validation and 
     prioritization of the services' equipment requirements.


                              CONTRACTING

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


                       OPERATION ENDURING FREEDOM

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


     CASE MANAGEMENT AND DISABILITY EVALUATION FOR WOUNDED WARRIORS

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


                    DEFENSE HEALTH PROGRAM OVERVIEW

       The recommendation includes a total appropriation of 
     $1,488,864,000 for the Defense Health Program. This funding 
     will provide medical and dental services to active forces and 
     mobilized Reserve Components, as they support Operation Iraqi 
     Freedom and Operation Enduring Freedom, and their family 
     members. The funding also provides for costs associated with 
     the treatment of combat-related injuries.
       The recommendation also provides $293,023,000 for 
     facilities sustainment, restoration and maintenance; 
     $1,000,000 for the Center of Excellence for Eye Injuries; 
     $70,000,000 for the Center for Neuroscience and Regenerative 
     Medicine and $47,100,000 in various budget activities for 
     disability evaluation system and case management.


         FUNDING FOR RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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

                           MILITARY PERSONNEL

       An appropriation of $18,065,599,000 is recommended for 
     Military Personnel.
       The recommendations for each military personnel account are 
     shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
 
               MILITARY PERSONNEL, ARMY
 
ACTIVITY 1: PAY AND ALLOWANCES OF OFFICERS:
    BASIC PAY.........................................         1,142,768
    RETIRED PAY ACCRUAL...............................           230,280
    BASIC ALLOWANCE FOR HOUSING.......................           286,673
    BASIC ALLOWANCE FOR SUBSISTENCE...................            38,324
    SPECIAL PAYS......................................           535,246
    SOCIAL SECURITY TAX...............................            87,416
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................         2,320,707
                                                       =================
ACTIVITY 2: PAY AND ALLOWANCES OF ENLISTED PERSONNEL:
    BASIC PAY.........................................         2,747,209
    RETIRED PAY ACCRUAL...............................           598,216
    BASIC ALLOWANCE FOR HOUSING.......................           902,271
    SPECIAL PAYS......................................         2,578,946
    SOCIAL SECURITY TAX...............................           210,161
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 2........................         7,036,803
                                                       =================
ACTIVITY 4: SUBSISTENCE OF ENLISTED PERSONNEL:
    BASIC ALLOWANCE FOR SUBSISTENCE...................           300,904
    SUBSISTENCE-IN-KIND...............................         1,365,832
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 4........................         1,666,736
                                                       =================
ACTIVITY 5: PERMANENT CHANGE OF STATION TRAVEL:
    ACCESSION TRAVEL..................................            11,472
    TRAINING TRAVEL...................................             9,537
    OPERATIONAL TRAVEL................................           101,482
    ROTATIONAL TRAVEL.................................           126,759
    SEPARATION TRAVEL.................................            14,826
    TRAVEL OF ORGANIZED UNITS.........................             1,344
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 5........................           265,420
                                                       =================
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    INTEREST ON SOLDIERS DEPOSITS.....................            21,780
    RESERVE INCOME REPLACEMENT PROGRAM................             8,200
    UNEMPLOYMENT COMPENSATION.........................           142,364
    DEATH GRATUITIES..................................            72,900
    SGLI EXTRA HAZARD PAYMENTS........................           116,805
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................           362,049
                                                       =================
UNDISTRIBUTED ADJUSTMENTS:
    ACCELERATION OF GROW THE FORCE....................           420,000
    CHANGE IN RESERVE AND GUARD MOBILIZATION LEVELS...          -101,000
    YEAR OF EXECUTION/RATE CHANGES....................           246,000
                                                       -----------------

[[Page 9498]]

 
      TOTAL, UNDISTRIBUTED ADJUSTMENTS................           565,000
                                                       =================
      TOTAL, MILITARY PERSONNEL, ARMY.................        12,216,715
                                                       =================
               MILITARY PERSONNEL, NAVY
 
ACTIVITY 1: PAY AND ALLOWANCES OF OFFICERS:
    BASIC PAY.........................................           119,911
    RETIRED PAY ACCRUAL...............................            22,902
    BASIC ALLOWANCE FOR HOUSING.......................            32,930
    BASIC ALLOWANCE FOR SUBSISTENCE...................             3,663
    SPECIAL PAYS......................................            35,433
    SOCIAL SECURITY TAX...............................             9,173
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................           224,012
                                                       =================
ACTIVITY 2: PAY AND ALLOWANCES OF ENLISTED PERSONNEL:
    BASIC PAY.........................................           139,495
    RETIRED PAY ACCRUAL...............................            26,643
    BASIC ALLOWANCE FOR HOUSING.......................            60,550
    SPECIAL PAYS......................................           156,124
    SOCIAL SECURITY TAX...............................            10,671
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 2........................           393,483
                                                       =================
ACTIVITY 4: SUBSISTENCE OF ENLISTED PERSONNEL:
    BASIC ALLOWANCE FOR SUBSISTENCE...................            14,855
    SUBSISTENCE-IN-KIND...............................            14,727
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 4........................            29,582
                                                       =================
ACTIVITY 5: PERMANENT CHANGE OF STATION TRAVEL:
    ACCESSION TRAVEL..................................             7,291
    OPERATIONAL TRAVEL................................            12,660
    ROTATIONAL TRAVEL.................................            14,073
    SEPARATION TRAVEL.................................             5,724
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 5........................            39,748
                                                       =================
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    RESERVE INCOME REPLACEMENT PROGRAM................             3,000
    UNEMPLOYMENT COMPENSATION.........................            28,200
    DEATH GRATUITIES..................................             1,500
    SGLI EXTRA HAZARD PAYMENTS........................            10,060
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            42,760
                                                       =================
UNDISTRIBUTED ADJUSTMENTS:
    CHANGE IN RESERVE MOBILIZATION LEVELS.............            21,600
    YEAR OF EXECUTION/RATE CHANGES....................           143,000
                                                       -----------------
      TOTAL, UNDISTRIBUTED ADJUSTMENTS................           164,600
                                                       =================
      TOTAL, MILITARY PERSONNEL, NAVY.................           894,185
                                                       =================
           MILITARY PERSONNEL, MARINE CORPS
 
ACTIVITY 1: PAY AND ALLOWANCES OF OFFICERS:
    BASIC PAY.........................................           197,261
    RETIRED PAY ACCRUAL...............................            45,947
    BASIC ALLOWANCE FOR HOUSING.......................            64,464
    BASIC ALLOWANCE FOR SUBSISTENCE...................             7,260
    SPECIAL PAYS......................................            36,371
    SOCIAL SECURITY TAX...............................            15,089
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................           366,392
                                                       =================
ACTIVITY 2: PAY AND ALLOWANCES OF ENLISTED PERSONNEL:
    BASIC PAY.........................................           487,327
    RETIRED PAY ACCRUAL...............................           116,280
    BASIC ALLOWANCE FOR HOUSING.......................           121,093
    SPECIAL PAYS......................................           555,673
    SOCIAL SECURITY TAX...............................            37,281
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 2........................         1,317,654
                                                       =================
ACTIVITY 4: SUBSISTENCE OF ENLISTED PERSONNEL: BASIC              53,848
 ALLOWANCE FOR SUBSISTENCE............................
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 4........................            53,848
                                                       =================
ACTIVITY 5: PERMANENT CHANGE OF STATION TRAVEL:
    ACCESSION TRAVEL..................................             3,583
    OPERATIONAL TRAVEL................................            50,195
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 5........................            53,778
                                                       =================
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    UNEMPLOYMENT COMPENSATION.........................               500
    DEATH GRATUITIES..................................            23,700
    SGLI EXTRA HAZARD PAYMENTS........................            20,616
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            44,816
                                                       =================
UNDISTRIBUTED ADJUSTMENTS:
    ACCELERATION OF GROW THE FORCE....................            93,600
    CHANGE IN RESERVE MOBILIZATION LEVELS.............          -103,400
                                                       -----------------
      TOTAL, UNDISTRIBUTED ADJUSTMENTS................            -9,800
                                                       =================
      TOTAL, MILITARY PERSONNEL, MARINE CORPS.........         1,826,688
                                                       =================
             MILITARY PERSONNEL, AIR FORCE
 
ACTIVITY 1: PAY AND ALLOWANCES OF OFFICERS:
    BASIC PAY.........................................           187,704

[[Page 9499]]

 
    RETIRED PAY ACCRUAL...............................            35,851
    BASIC ALLOWANCE FOR HOUSING.......................            56,600
    BASIC ALLOWANCE FOR SUBSISTENCE...................             6,416
    SPECIAL PAYS......................................            39,793
    SOCIAL SECURITY TAX...............................            14,359
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................           340,723
                                                       =================
ACTIVITY 2: PAY AND ALLOWANCES OF ENLISTED PERSONNEL:
    BASIC PAY.........................................           468,692
    RETIRED PAY ACCRUAL...............................            89,520
    BASIC ALLOWANCE FOR HOUSING.......................           127,850
    SPECIAL PAYS......................................           143,149
    SOCIAL SECURITY TAX...............................            35,855
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 2........................           865,066
                                                       =================
ACTIVITY 4: SUBSISTENCE OF ENLISTED PERSONNEL:
    BASIC ALLOWANCE FOR SUBSISTENCE...................            35,749
    SUBSISTENCE-IN-KIND...............................            68,793
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 4........................           104,542
                                                       =================
ACTIVITY 5: PERMANENT CHANGE OF STATION TRAVEL:
    OPERATIONAL TRAVEL................................             5,621
      TOTAL, BUDGET ACTIVITY 5........................             5,621
                                                       =================
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    UNEMPLOYMENT COMPENSATION.........................            16,200
    DEATH GRATUITIES..................................             2,200
    SGLI EXTRA HAZARD PAYMENTS........................            21,192
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            39,592
                                                       =================
      TOTAL, MILITARY PERSONNEL, AIR FORCE............         1,355,544
                                                       =================
                RESERVE PERSONNEL, ARMY
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:
    SCHOOL TRAINING...................................            56,100
    SPECIAL TRAINING..................................            56,400
    RECRUITING AND RETENTION..........................           186,700
    YELLOW RIBBON REINTEGRATION PROGRAM...............             5,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................           304,200
                                                       =================
      TOTAL, RESERVE PERSONNEL, ARMY..................           304,200
                                                       =================
                RESERVE PERSONNEL, NAVY
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:
    PAY GROUP A TRAINING (15 DAYS & DRILLS 24/28).....            35,000
    SPECIAL TRAINING..................................            22,000
    SCHOOL TRAINING...................................            13,000
    YELLOW RIBBON REINTEGRATION PROGRAM...............             2,800
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................            72,800
                                                       =================
      TOTAL, RESERVE PERSONNEL, NAVY..................            72,800
                                                       =================
            RESERVE PERSONNEL, MARINE CORPS
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:
    SCHOOL TRAINING...................................            15,420
    YELLOW RIBBON REINTEGRATION PROGRAM...............             1,300
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................            16,720
                                                       =================
      TOTAL, RESERVE PERSONNEL, MARINE CORPS..........            16,720
                                                       =================
             RESERVE PERSONNEL, AIR FORCE
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:
    SPECIAL TRAINING..................................             3,000
    YELLOW RIBBON REINTEGRATION PROGRAM...............             2,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................             5,000
                                                       =================
      TOTAL, RESERVE PERSONNEL, AIR FORCE.............             5,000
                                                       =================
            NATIONAL GUARD PERSONNEL, ARMY
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:
    PAY GROUP A TRAINING (15 DAYS & DRILLS 24/28).....           124,400
    SPECIAL TRAINING..................................           190,298
    SCHOOL TRAINING...................................           441,663
    ADMINISTRATION AND SUPPORT........................           380,386
    RECRUITING EFFORTS................................            75,000
    RETENTION EFFORTS.................................           143,000
    YELLOW RIBBON REINTEGRATION PROGRAM...............            15,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................         1,369,747
                                                       =================
      TOTAL, NATIONAL GUARD PERSONNEL, ARMY...........         1,369,747
                                                       =================
          NATIONAL GUARD PERSONNEL, AIR FORCE
 
ACTIVITY 1: RESERVE COMPONENT TRAINING AND SUPPORT:                4,000
 YELLOW RIBBON REINTEGRATION PROGRAM..................
                                                       =================
      TOTAL, BUDGET ACTIVITY 1........................             4,000
                                                       =================
      TOTAL, NATIONAL GUARD PERSONNEL, AIR FORCE......             4,000
------------------------------------------------------------------------


[[Page 9500]]

                             GROW THE FORCE

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


                        WOUNDED WARRIOR PROGRAMS

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


                        COST AND RATE INCREASES

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

                       OPERATION AND MAINTENANCE

       An appropriation of $34,425,336,000 is recommended for 
     Operation and Maintenance.
       The recommendations for each operation and maintenance 
     account are shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY:
    MANEUVER UNITS....................................            28,089
    MODULAR SUPPORT BRIGADES..........................             1,315
    ECHELONS ABOVE BRIGADE............................            29,670
    THEATER LEVEL ASSETS..............................            24,466
    LAND FORCES OPERATIONS SUPPORT....................               916
    AVIATION ASSETS...................................            59,466
    FORCE READINESS OPERATIONS SUPPORT................            16,257
    FACILITIES SUSTAINMENT, RESTORATION &                        408,000
     MODERNIZATION....................................
    BASE OPERATIONS SUPPORT...........................            41,282
    ADDITIONAL ACTIVITIES.............................        14,551,866
    COMMANDER'S EMERGENCY RESPONSE PROGRAM............         1,226,841
    FLIGHT TRAINING...................................            33,214
                                                       -----------------
      SUBTOTAL BA-1...................................        16,421,382
                                                       =================
    SECURITY PROGRAMS.................................           102,130
    SERVICEWIDE TRANSPORTATION........................           700,000
                                                       -----------------
      SUBTOTAL BA-4...................................           802,130
                                                       =================
      TOTAL, OPERATION AND MAINTENANCE, ARMY..........        17,223,512
                                                       =================
OPERATION & MAINTENANCE, NAVY:
    MISSION AND OTHER FLIGHT OPERATIONS...............           753,193
    FLEET AIR TRAINING................................            81,238
    AVIATION TECHNICAL DATA & ENGINEERING SERVICES....             1,221
    AIR OPERATIONS AND SAFETY SUPPORT.................            26,586
    AIR SYSTEMS SUPPORT...............................            11,279
    AIRCRAFT DEPOT MAINTENANCE........................           118,287
    MISSION AND OTHER SHIP OPERATIONS.................           568,841
    SHIP OPERATIONS SUPPORT & TRAINING................             4,134
    SHIP DEPOT MAINTENANCE............................           219,268
    SHIP DEPOT OPERATIONS SUPPORT.....................            11,618
    COMBAT COMMUNICATIONS.............................             4,839
    ELECTRONIC WARFARE................................             4,262
    SPACE SYSTEMS AND SURVEILLANCE....................                12
    WARFARE TACTICS...................................             5,657
    OPERATIONAL METEOROLOGY AND OCEANOGRAPHY..........               774
    COMBAT SUPPORT FORCES.............................           573,811
    EQUIPMENT MAINTENANCE.............................            23,470
    IN-SERVICE WEAPONS SYSTEMS SUPPORT................            13,500
    WEAPONS MAINTENANCE...............................            28,162
    OTHER WEAPON SYSTEMS SUPPORT......................             1,058
    SUSTAINMENT, RESTORATION AND MODERNIZATION........             2,912
    BASE OPERATING SUPPORT............................           193,072
                                                       -----------------
      SUBTOTAL BA-1...................................         2,647,194
                                                       =================
    SHIP PREPOSITIONING AND SURGE.....................            94,140
    FLEET HOSPITAL PROGRAM............................                 7
                                                       -----------------
      SUBTOTAL BA-2...................................            94,147
                                                       =================
    OFFICER ACQUISITION...............................               136
    SPECIALIZED SKILL TRAINING........................            35,340
    FLIGHT TRAINING...................................            24,003
    RECRUITING AND ADVERTISING........................             3,887
                                                       -----------------
      SUBTOTAL BA-3...................................            63,366
                                                       =================
    ADMINISTRATION....................................             1,422
    EXTERNAL RELATIONS................................               139
    MILITARY MANPOWER AND PERSONNEL MANAGEMENT........               523
    OTHER PERSONNEL SUPPORT...........................             2,544
    SERVICEWIDE COMMUNICATIONS........................            11,566
    SERVICEWIDE TRANSPORTATION........................             6,985
    ACQUISITION AND PROGRAM MANAGEMENT................               540
    COMBAT/WEAPONS SYSTEMS............................               155
    NAVAL INVESTIGATIVE SERVICE.......................             4,081
                                                       -----------------
      SUBTOTAL BA-4...................................            27,955
                                                       =================
    OTHER PROGRAMS....................................            32,595
    COAST GUARD SUPPORT...............................           112,607
                                                       =================
      TOTAL, OPERATIONS & MAINTENANCE, NAVY...........         2,977,864
                                                       =================
OPERATION & MAINTENANCE, MARINE CORPS:
    OPERATIONAL FORCES................................           104,772
    MARITIME PREPOSITIONING...........................                 2
    SUSTAINMENT, RESTORATION, & MODERNIZATION.........            46,040
    BASE OPERATING SUPPORT............................             6,787
                                                       -----------------
      SUBTOTAL BA-1...................................           157,601
                                                       =================
    RECRUIT TRAINING..................................               333
    OFFICER ACQUISITION...............................                 7
    SPECIALIZED SKILL TRAINING........................                88
    TRAINING SUPPORT..................................             1,293
    RECRUITING AND ADVERTISING........................
    BASE OPERATING SUPPORT............................               578
                                                       -----------------

[[Page 9501]]

 
      SUBTOTAL BA-3...................................             2,299
                                                       =================
      TOTAL, OPERATION & MAINTENANCE, MARINE CORPS....           159,900
                                                       =================
OPERATION & MAINTENANCE, AIR FORCE:
    PRIMARY COMBAT FORCES.............................         1,620,673
    PRIMARY COMBAT WEAPONS............................             9,309
    COMBAT ENHANCEMENT FORCES.........................            72,599
    AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....            10,992
    COMBAT COMMUNICATIONS.............................           576,665
    DEPOT MAINTENANCE.................................           190,117
    FACILITIES SUSTAINMENT, RESTORATION &                         72,424
     MODERNIZATION....................................
    BASE SUPPORT......................................           860,101
    NAVIGATION/WEATHER SUPPORT........................             2,160
    OTHER COMBAT OPS SPT PROGRAMS.....................            64,297
    MANAGEMENT/OPERATIONAL HQ.........................            66,518
    TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......               666
    LAUNCH VEHICLES...................................                 4
    BASE SUPPORT......................................             2,583
                                                       -----------------
      SUBTOTAL BA-1...................................         3,549,108
                                                       =================
    AIRLIFT OPERATIONS................................         1,843,258
    DEPOT MAINTENANCE.................................            63,772
    BASE SUPPORT......................................            67,530
                                                       -----------------
      SUBTOTAL BA-2...................................         1,974,560
                                                       =================
    BASE SUPPORT......................................             1,229
    SPECIALIZED SKILL TRAINING........................            98,851
    FLIGHT TRAINING...................................            60,135
    PROFESSIONAL DEVELOPMENT EDUCATION................               174
    TRAINING SUPPORT..................................               966
    FACILITIES SUSTAINMENT, RESTORATION &                          2,414
     MODERNIZATION....................................
    BASE SUPPORT......................................             6,767
    RECRUITING AND ADVERTISING........................                50
                                                       -----------------
      SUBTOTAL BA-3...................................           170,586
                                                       =================
    LOGISTICS OPERATIONS..............................            72,179
    BASE SUPPORT......................................             5,027
    OTHER SERVICEWIDE ACTIVITIES......................             8,129
    OTHER PERSONNEL SUPPORT...........................             1,455
    SECURITY PROGRAMS.................................           170,431
    INTERNATIONAL SUPPORT.............................            21,045
                                                       -----------------
      SUBTOTAL BA-4...................................           278,266
                                                       =================
      TOTAL, OPERATION & MAINTENANCE, AIR FORCE.......         5,972,520
                                                       =================
OPERATION & MAINTENANCE, DEFENSE-WIDE:
    JOINT CHIEFS OF STAFF.............................            26,216
    SPECIAL OPERATIONS COMMAND........................           760,811
                                                       -----------------
      SUBTOTAL BA-1...................................           787,027
                                                       =================
    AMERICAN FORCES INFORMATION SERVICE...............             7,109
    DEFENSE CONTRACT AUDIT AGENCY.....................             8,245
    DEFENSE INFORMATION SYSTEMS AGENCY................           106,078
    DEFENSE LOGISTICS AGENCY..........................           105,815
    DEFENSE THREAT REDUCTION AGENCY...................             2,636
    DEPARTMENT OF DEFENSE EDUCATION AGENCY............           196,927
    DOD HUMAN RESOURCES ACTIVITY......................            36,670
    DEFENSE CONTRACT MANAGEMENT AGENCY................            52,000
    DEFENSE LEGAL SERVICES AGENCY (DLSA)..............            12,962
    DEFENSE SECURITY COOPERATION AGENCY (DSCA)........         1,150,000
    OFFICE OF THE SECRETARY OF DEFENSE................            27,322
    WASHINGTON HEADQUARTERS SERVICES (WHS)............             7,210
    OTHER PROGRAMS....................................         1,157,561
                                                       -----------------
      SUBTOTAL BA-4...................................         2,870,535
                                                       =================
      TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE....         3,657,562
                                                       =================
OPERATION & MAINTENANCE, ARMY RESERVE:
    AVIATION ASSETS...................................            37,581
    ADDITIONAL ACTIVITIES.............................           127,258
                                                       -----------------
      TOTAL, OPERATION & MAINTENANCE, ARMY RESERVE....           164,839
                                                       =================
OPERATION & MAINTENANCE, NAVY RESERVE:
    MISSION AND OTHER FLIGHT OPERATIONS...............            91,495
    INTERMEDIATE MAINTENANCE..........................                48
    MISSION AND OTHER SHIP OPERATIONS.................             6,388
    COMBAT COMMUNICATIONS.............................             3,354
    COMBAT SUPPORT FORCES.............................             8,372
    BASE OPERATING SUPPORT (BOS)......................               219
                                                       -----------------
      TOTAL, OPERATION & MAINTENANCE, NAVY RESERVE....           109,876
                                                       =================
OPERATION & MAINTENANCE, MARINE CORPS RESERVE:
    OPERATING FORCES..................................            23,149
    TRAINING SUPPORT..................................               950
    BASE OPERATING SUPPORT............................               157
    FACILITIES, SUSTAINMENT, RESTORATION &                        46,000
     MODERNIZATION....................................
                                                       -----------------
      TOTAL, OPERATION & MAINTENANCE, MARINE CORPS                70,256
       RESERVE........................................
                                                       =================
OPERATION & MAINTENANCE, AIR FORCE RESERVE: PRIMARY              165,994
 COMBAT FORCES........................................
                                                       -----------------
      TOTAL, OPERATION & MAINTENANCE, AIR FORCE                  165,994
       RESERVE........................................
                                                       =================
OPERATION & MAINTENANCE, ARMY NATIONAL GUARD:
    AVIATION ASSETS...................................           102,394
    ADDITIONAL ACTIVITIES.............................           583,250
                                                       -----------------

[[Page 9502]]

 
      TOTAL, OPERATION & MAINTENANCE, ARMY NATIONAL              685,644
       GUARD..........................................
                                                       =================
OPERATION & MAINTENANCE, AIR NATIONAL GUARD:
    AIRCRAFT OPERATIONS...............................
    MISSION SUPPORT OPERATIONS........................           287,369
                                                       -----------------
      TOTAL, OPERATION & MAINTENANCE, AIR NATIONAL               287,369
       GUARD..........................................
                                                       =================
IRAQ FREEDOM FUND.....................................            50,000
                                                       =================
AFGHANISTAN SECURITY FORCES FUND:
    MINISTRY OF DEFENSE (MOD) EQUIPMENT AND                       54,326
     TRANSPORTATION...................................
    MOD TRAINING......................................            71,182
    MOD SUSTAINMENT...................................           513,515
    MINISTRY OF INTERIOR (MOI) EQUIPMENT AND                      67,328
     TRANSPORTATION...................................
    MOI TRAINING......................................           422,509
    MOI SUSTAINMENT...................................           271,140
                                                       -----------------
      TOTAL, AFGHANISTAN SECURITY FORCES FUND.........         1,400,000
                                                       =================
IRAQ SECURITY FORCES FUND:
    MINISTRY OF DEFENSE (MOD) EQUIPMENT AND                      522,500
     TRANSPORTATION...................................
    MOD TRAINING......................................            66,400
    MOD SUSTAINMENT...................................           154,700
    MINISTRY OF INTERIOR (MOI) EQUIPMENT AND                     332,000
     TRANSPORTATION...................................
    MOI TRAINING......................................           185,000
    MOI SUSTAINMENT...................................            86,000
    RELATED ACTIVITIES................................           153,400
                                                       -----------------
      TOTAL, IRAQ SECURITY FORCES FUND................         1,500,000
------------------------------------------------------------------------

                 COMMANDER'S EMERGENCY RESPONSE PROGRAM

       The recommendation includes $1,226,841,000 for the 
     Commander's Emergency Response Program [CERP]. Included in 
     this amount is $479,900,000 for CERP in Afghanistan and 
     $2,000,000 to support our ongoing efforts in the global war 
     on terror in the Philippines. Small scale, humanitarian 
     projects led by the Joint Interagency Task Force--Philippines 
     should have a tremendous impact on combating the spread of 
     terrorist cells in the Philippines. However, the provision of 
     these funds does not represent an invitation to expand CERP 
     beyond its current mission and application.
       CERP projects are also currently benefiting the 2.7 million 
     internally displaced Iraqis. The Iraqi Government should 
     devote more of its own resources to returning them to their 
     homes, or resettling them permanently in functioning 
     communities. However, recognizing that CERP is an effective 
     tool for meeting urgent humanitarian needs, the Secretary of 
     Defense is urged to encourage commanders to give priority to 
     humanitarian and reconstruction projects that respond to the 
     needs of internally displaced Iraqis who have settled in 
     their area of responsibility.
       CERP has proven beneficial to both U.S. commanders and the 
     Iraqi people, but there is concern over the Department's 
     growing requests for these funds. Since its inception in 
     2004, this program has grown exponentially, from $180,000,000 
     in fiscal year 2004 to $956,400,000 in fiscal year 2007. The 
     total fiscal year 2008 level of $1,726,841,000 as 
     recommended, represents an 80 percent increase for the 
     program. Congress provided $500,000,000 in the fiscal year 
     2008 supplemental bridge appropriation but the Department is 
     obligating funds for this program at a rate that would exceed 
     the authorized level of $977,441,000 before the end of the 
     fiscal year.
       While there is a need to maintain commanders' flexibility 
     and control in administering CERP funds, there is concern 
     that, in the absence of any minimum standards for project 
     monitoring or specific performance indicators, commanders 
     exercise varying levels of oversight and typically compile 
     only anecdotal evidence on the impact of projects. 
     Furthermore, CERP funds are administered at the battalion 
     level, often by troops whose Military Operational Specialty 
     has little or no connection to program or acquisition 
     management. The limited information provided to Congress 
     about CERP projects makes it difficult to conduct thorough 
     oversight over how this program is administered, what its 
     actual impact is on the Iraqi people, and how it fits into 
     our overall strategy for Iraq.
       To provide Congress sufficient visibility over the use of 
     funding provided for CERP, the Department is directed to: (1) 
     establish minimum guidelines for commanders to follow in 
     monitoring project status and performance indicators to 
     assess the impact of CERP projects, (2) provide more complete 
     information in its quarterly reports to Congress, including: 
     listings of projects by province; project status, such as 
     completed and being used, completed but not sustained, 
     destroyed, vandalized, or not found; the source of each 
     individual initiative, whether it was generated by a local 
     national or the command; the name of the authority or 
     organization who serves as the primary local partner for each 
     project; and the number of local citizens who will benefit 
     from the project, including the number who will be employed 
     in implementing it, and if it directly benefits internally 
     displaced Iraqis. In addition, the report should include 
     information on the nature of the Government of Iraq's 
     commitment to sustain projects requiring government support, 
     and on the impact of CERP projects, individually and 
     collectively, in assisting the United States to carry out its 
     strategy in Iraq.
       So Congress may better understand how troops are trained to 
     administer CERP funds, the Secretary of Defense is directed 
     to submit to the congressional defense committees, within 45 
     days of enactment of this act, a detailed report on the 
     training provided to troops authorized to manage or disperse 
     CERP funds. The report should include the duration of the 
     training, its primary objectives, and a syllabus of the 
     training course.
       For greater clarity on how commanders incorporate the use 
     of CERP funds into their operational planning, the Secretary 
     of Defense is directed to provide a report to the 
     congressional defense committees, no later than September 4, 
     2008, on operational planning for the use of CERP. The report 
     should include plans from each of the current Multinational 
     Division [MND] commands in Iraq and each of the current Task 
     Force commands in Afghanistan, to include information on the 
     criteria used for prioritizing individual CERP projects and 
     how the use of CERP funds is intended to advance the tactical 
     and strategic objectives.


                           CONTRACT SERVICES

       The continued lack of transparency and accountability with 
     regard to contracts and contractors serving in both theaters 
     of operation (Iraq and Afghanistan) is concerning. The 
     Department of Defense has indicated a need for approximately 
     $40,000,000,000 of operation and maintenance funding for 
     contracted services in this supplemental appropriation. This 
     includes $6,000,000,000 for the Army-managed Logistics Civil 
     Augmentation Program [LOGCAP], which provides for a spectrum 
     of services to include power generation, management of 
     facilities, dining operations, latrines, water systems, fire 
     protection and laundry services. Approximately $5,400,000,000 
     was expended by the Army on LOGCAP contracts in 2007.
       Within 90 days of enactment of this act, the Secretary of 
     Defense is directed to submit a comprehensive report to the 
     House and the Senate Committees on Appropriations that 
     provides the following information for each existing 
     operations and maintenance contract in excess of $1,000,000: 
     contractor name; amount; purpose; start and end date; type of 
     contract; and amount of awards per fiscal year, if 
     applicable.
       This report should also identify the Department of Defense 
     organization responsible for oversight of the contracts and 
     should reflect the type of services provided, such as vehicle 
     maintenance, food service, security, information technology 
     support, reconstruction, analysis, and other relevant 
     information.
       This report should also include a discussion of the roles 
     and responsibilities of the following organizations and how 
     they work collaboratively to ensure appropriate contract 
     oversight in theaters of operation for Iraq and Afghanistan: 
     LOGCAP; AFCAP; Defense Reconstruction Support Office; Joint 
     Contracting Command Iraq/Afghanistan; Deputy Assistant 
     Secretary--Army (Policy and Procurement)--Iraq and 
     Afghanistan; and Project and Contracting Office, Washington.

[[Page 9503]]

       Further, the report should include the number of Department 
     of Defense military and Federal civilian personnel assigned 
     to each of these offices, the number of contractors assigned 
     to each office and the roles the contractors perform.
       As part of this report, should the Department of Defense 
     determine that it has insufficient in-house capability to 
     effectively monitor these contracts, it should then develop a 
     robust staffing proposal and submit it to the House and the 
     Senate Committees on Appropriations for consideration in the 
     fiscal year 2009 Defense Appropriations Act. The report shall 
     be submitted in unclassified form, but may contain a 
     classified annex.


                         SUBSISTENCE CONTRACTS

       The Army requested $987,000,000 to fund purchases of 
     subsistence items in support of Department of Defense 
     civilian employees and contractors deployed to the Iraq and 
     Afghanistan areas of operations. This also includes 
     subsistence that is provided to these individuals within the 
     Department of Defense dining facilities.
       The Army estimates that 5,000 Department of Defense 
     civilians and 73,000 contractor personnel constitute the 
     population of ``Department of Defense authorized personnel''. 
     This is an average cost for subsistence of nearly $13,000 per 
     individual per year.
       There are significant unanswered questions regarding the 
     management of this overall process, as well as the absence of 
     appropriate internal control procedures. For example, how the 
     Department manages access to the dining facilities; the 
     number of civilian employees and contractors who dine in 
     Department of Defense dining facilities; why the cost per 
     person is so high; and the number of contractors and 
     subcontractors who provide subsistence to the Department of 
     Defense in this theater of operations.
       Based on these unresolved issues, the recommendation 
     includes a 10 percent reduction to the nearly $1,000,000,000 
     request for this program to encourage better management and 
     accountability of subsistence funds. Currently the 
     Department's Cost of War Report does not account for 
     obligation of funds for subsistence. The Secretary of Defense 
     is directed to, within 90 days of enactment of this act, 
     submit a comprehensive report to the Committees on 
     Appropriations of the House and the Senate which: (1) 
     Identifies the number of contractors dining in the Department 
     of Defense facilities in and around the Iraq and Afghanistan 
     theaters of operations and a description of the method for 
     charging the subsistence cost back to the contractor; (2) 
     Lists the total cost and the cost elements in the prior and 
     current years for subsistence for Department of Defense 
     civilians and contractors deployed to the Iraq and 
     Afghanistan areas of operations and dining in DOD facilities; 
     (3) Cites the Department's policy on the movement of freight 
     in general and subsistence items specifically in and around 
     the Iraq and Afghanistan theaters of operation; the method 
     for ensuring the best value subsistence contracts are 
     awarded; and describes the method for ensuring the most fuel 
     efficient and effective mode of transportation is used; (4) 
     Identifies the number of contractors and subcontractors 
     supplying subsistence items to contractors and civilians 
     deployed to the Iraq and Afghanistan areas of operations (by 
     location); the number and types of subsistence contracts from 
     local vendors in Iraq and Afghanistan, and the method and 
     factors used to determine local vs. non local purchase of 
     these items in and around the Iraq and Afghanistan theaters 
     of operation; and (5) Provides the Department's policy on 
     access to dining facilities in the theaters of operations and 
     associated internal control procedures.


           DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS

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


            SUPPORT TO GLOBAL REPOSITIONING OF GROUND FORCES

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


                            OPERATING TEMPO

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


                            THE JOINT STAFF

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


      SPECIAL OPERATIONS COMMAND INTELLIGENCE, SURVEILLANCE, AND 
                   RECONNAISSANCE [ISR] ACCELERATION

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


          DEFENSE LOGISTICS AGENCY: LITHIUM BATTERIES SUPPLIES

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


                    DEFENSE THREAT REDUCTION AGENCY

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


                        FAMILY ADVOCACY PROGRAM

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


                    DEFENSE HUMAN RESOURCES ACTIVITY

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


                  DEFENSE SECURITY COOPERATION AGENCY

       The recommendation includes $800,000,000 for coalition 
     support funds and $200,000,000 for lift and sustainment in 
     Iraq and Afghanistan. It also includes an additional 
     $150,000,000 for the Global Train and Equip Program. The 
     Department of State is tasked to train and equip allied 
     nations for counterterrorism operations, yet the Department 
     of Defense continues to request funds to augment these 
     efforts due to the global war on terror. Training allied 
     nations is primarily the responsibility of the Department of 
     State. As such, the administration is urged to request the 
     appropriate level of funding for the Global Train and Equip 
     Program entirely within the Department of State in the next 
     fiscal year.


                   OFFICE OF THE SECRETARY OF DEFENSE

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


                           IRAQ FREEDOM FUND

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

[[Page 9504]]




                  AFGHANISTAN AND IRAQ SECURITY FORCES

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


           PISTOLS FOR AFGHAN ARMY AND AFGHAN NATIONAL POLICE

       Poor quality pistols were provided to the Afghan National 
     Police and the Afghan National Army in 2005 and 2006. While 
     they have no record of manufacturing defects in service, the 
     5,000 pistols purchased for the Afghan National Army, and the 
     51,175 purchased for the Afghan National Police, under the 
     U.S. Foreign Military Sales program, through the U.S. Army 
     Security Assistance Command, lack important features desired 
     in a quality service pistol. A key missing feature is a 
     positive external safety mechanism, although the pistol does 
     have a trigger safety. It appears that there were two 
     prominent motivations for selection of the current 9mm 
     pistol. The first was cost, and for the Afghan National 
     police, the second key consideration was the fact that the 
     pistol already was in service with the Afghan National Army. 
     Based on concerns expressed by U.S. trainers, ongoing 
     procurements of pistols under 2007 and 2008 contracts are 
     delivering a pistol manufactured with the desired features 
     that were lacking in the pistols procured in 2005 and 2006. 
     Future purchases will be made by competitive bid and the 
     requirements will specify features consistent with the U.S. 
     M9 service pistol. The government agencies of the United 
     States and Afghanistan are commended for having made these 
     appropriate adjustments in the acquisition of pistols for the 
     Afghan National Army and Afghan National Police. They are 
     cautioned that haste and incomplete definition of 
     requirements, and inadequate testing, can lead to acquisition 
     of military equipment that once in use by the military may 
     prove to be inadequate in performance, reliability and 
     safety. Finally, the Department of Defense and the Department 
     of State are urged to work cooperatively to ensure that 
     programs for the provision of equipment to the Afghan 
     National Army and Afghan National Police employ rigorous 
     requirements definition and disciplined contracting 
     procedures, and that the Secretary of Defense initiate a 
     review of the utility of pistols provided to the Afghan 
     National Army and Afghan National Police under U.S. Foreign 
     Military Sales transactions and assist where necessary in the 
     replacement and demilitarization of inferior pistols.


                              PROCUREMENT

       An appropriation of $42,006,355,000 is recommended for 
     Procurement.
       The recommendations for each procurement account are shown 
     below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY:
    UTILITY FIXED WING CARGO AIRCRAFT.................             7,500
    GUARDRAIL MODS (TIARA)............................            33,000
    ARL MODS (TIARA) (Note: Includes $3,000,000 for               28,000
     Airborne ISR Sensor Reset).......................
    AH-64 MODS........................................            70,000
    CH-47 CARGO HELICOPTER MODS.......................           311,107
    UH-60 MODS (Note: Includes $30,000,000 for A to L             44,650
     Initiative, and $14,650,000 for Aircraft Safety
     Enhancements)....................................
    KIOWA WARRIOR.....................................            38,000
    ASE INFRARED CM...................................           403,535
    COMMON GROUND EQUIPMENT...........................               356
    AIRCREW INTEGRATED SYSTEMS........................            10,200
    AIR TRAFFIC CONTROL...............................             7,763
                                                       -----------------
      TOTAL, AIRCRAFT PROCUREMENT, ARMY...............           954,111
                                                       =================
MISSILE PROCUREMENT, ARMY:
    HELLFIRE MSL (BASIC/IHW/HFII).....................           228,426
    JAVELIN...........................................           121,210
    GUIDED MLRS ROCKET (GMLRS)........................            67,200
    ARMY TACTICAL MISSILE SYSTEM (ATACMS) BLK IA                  92,000
     (Note: Funds 84 unitary missiles)................
    PATRIOT MODS......................................            25,000
    ITAS/TOW MODIFICATIONS............................            27,820
                                                       -----------------
      TOTAL, MISSILE PROCUREMENT, ARMY................           561,656
                                                       =================
PROCUREMENT OF W&TCV, ARMY:
    BRADLEY BASE SUSTAINMENT..........................           921,000
    STRYKER VEHICLE...................................         1,989,581
    FIST VEHICLE (MOD)................................            65,000
    BRADLEY FIGHTING VEHICLE SYSTEMS SERIES (MOD).....            84,900
    HOWITZER, MED SP FT 155MM M109A6 (MOD)............            41,211
    M1 ABRAMS TANK (MOD)..............................           388,585
    HOWITZER, LIGHT, TOWED, 105MM, M119...............            17,600
    IMPROVED RECOVERY VEHICLE (M88 MOD)...............            25,000
    ABRAMS UPGRADE PROGRAM (M1A2 SEP).................         1,100,000
    M240 MEDIUM MACHINE GUN (7.62mm)..................            61,541
    MACHINE GUN, CAL .50 M2 ROLL......................            27,327
    M249 SAW MACHINE GUN, 5.56MM (SAW)................             1,784
    MK-19 GRENADE MACHINE GUN (40mm)..................            30,614
    MORTAR SYSTEMS (Note: Includes $15,000,000 for                48,459
     Expanded Organic Mortar Capability)..............
    M107, CAL 50, SNIPER RIFLE........................               402
    XM320 GRENADE LAUNCHER MODULE (GLM)...............             3,500
    M4 CARBINE........................................            79,469
    SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS)..........             2,400
    COMMON REMOTELY OPERATED WEAPONS STATION (CROWS)..           210,000
    HOWITZER, LT WT 155MM.............................            52,000

[[Page 9505]]

 
    M4 CARBINE MODS...................................           125,115
    M2 50 CAL MACHINE GUN MODS........................             5,000
    M249 SAW MACHINE GUN MODS.........................             7,056
    M240 SAW MACHINE GUN MODS.........................             3,271
    PHALANX MODS......................................           150,000
    MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV).........            14,454
    SMALL ARMS EQUIPMENT (SOLDIER ENHANCEMENT PROGRAM)             8,202
                                                       -----------------
      TOTAL, PROCUREMENT OF W&TCV, ARMY...............         5,463,471
                                                       =================
PROCUREMENT OF AMMUNITION, ARMY:
    7.62MM ALL TYPES..................................            10,000
    CTG, .50 CAL, ALL TYPES...........................            13,500
    40MM ALL TYPES....................................             9,300
    MODULAR ARTILLERY CHARGE SYSTEM, ALL TYPES........             2,000
    SHOULDER FIRED ROCKETS ALL TYPES..................            20,000
    ROCKET, HYDRA 70, ALL TYPES.......................             8,000
    DEMOLITION MUNITIONS ALL TYPES....................             8,000
    GRENADES ALL TYPES................................            10,000
    SIMULATORS ALL TYPES..............................             8,000
    NON-LETHAL AMMUNITION ALL TYPES...................            54,000
    ITEMS LESS THAN $5M...............................             1,500
    PROVISION OF INDUSTRIAL FACILITIES................           200,600
                                                       -----------------
      TOTAL, PROCUREMENT OF AMMUNITION, ARMY..........           344,900
                                                       =================
OTHER PROCUREMENT, ARMY:
    TACTICAL TRAILERS/DOLLY SETS......................           232,316
    SEMITRAILERS, FLATBED.............................            37,840
    SEMITRAILERS, TANKERS.............................            67,318
    HI MOB MULTI-PURP WHEELED VEHICLE (HMMWV) (Note:           1,621,530
     Includes $23,500,000 for Roll Over Trainers for
     Home Station, Mob Station, and Theater)..........
    FAMILY OF MEDIUM TACTICAL VEH (FMTV)..............           793,600
    FIRE TRUCKS & ASSOCIATED FIREFIGHTING EQUIPMENT...            45,524
    FAMILY OF HEAVY TACTICAL VEH (FHTV) (Note:                 2,324,519
     Includes $185,000,000 for HEMTT Wrecker).........
    ARMORED SECURITY VEHICLES ( ASV)..................           309,354
    MINE PROTECTION VEHICLE FAMILY....................           179,440
    TRUCK, TRACTOR, LINE HAUL, M915/M916..............           520,302
    HEAVY EXPANDED MOBILE TACTICAL TRUCK EXTENDED                273,148
     SERVICE..........................................
    HMMWV RECAPITALIZATION PROGRAM....................           325,000
    MODIFICATION OF IN-SERVICE EQUIPMENT (Note:                  959,599
     Includes $13,000,000 for Kevlar Overhead
     Protective Gunners Kits, and $7,000,000 for Spark
     Mine Rollers)....................................
    HEAVY ARMORED SEDAN...............................             3,500
    PASSENGER CARRYING VEHICLES.......................             5,000
    NONTACTICAL VEHICLES, OTHER.......................               600
    SHF TERM..........................................            22,822
    SAT TERM, EMUT (SPACE)............................             9,800
    NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE).........            28,000
    SMART-T (SPACE)...................................             2,041
    MOD OF IN-SVC EQUIP (TAC SAT) (Note: Funds                    38,100
     additional communications links (SIPR/NIPR)).....
    ARMY GLOBAL CMD & CONTROL SYS (AGCCS).............             2,510
    ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO)........            23,540
    SINCGARS FAMILY...................................           500,347
    BRIDGE TO FUTURE NETWORKS.........................         1,748,371
    COMMS-ELEC EQUIP FIELDING.........................             4,000
    COMBAT SURVIVOR EVADER LOCATOR (CSEL) (Note:                 120,000
     Includes $35,000,000 for CSEL Radios for ARNG and
     SOF).............................................
    RADIO, IMPROVED HF (COTS) FAMILY..................           455,000
    MEDICAL COMM FOR CBT CASUALTY CARE (MC4)..........            74,655
    CI AUTOMATION ARCHITECTURE........................             7,410
    TSEC--ARMY KEY MGT SYS (AKMS).....................            75,600
    INFORMATION SYSTEM SECURITY PROGRAM-ISSP (Note:              143,891
     Includes $10,500,000 for Biometric Automated Tool
     Sets)............................................
    INFORMATION SYSTEMS...............................             9,546
    ALL SOURCE ANALYSIS SYS (ASAS) (MIP)..............           103,500
    PROPHET GROUND (MIP)..............................            23,000
    TACTICAL UNMANNED AERIAL SYS (TUAS) MIP...........           233,245
    SMALL UNMANNED AERIAL SYSTEM (SUAS)...............            24,174
    DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP)..........             3,800
    TACTICAL EXPLOITATION SYSTEM (MIP)................            19,500
    DCGS-A (MIP)......................................            62,331
    ITEMS LESS THAN $5.0M (MIP).......................            15,300
    LIGHTWEIGHT COUNTER MORTAR RADAR..................            10,470
    COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES......           149,937
    NIGHT VISION DEVICES (Note: Includes $30,000,000             435,394
     for Mini-Thermal Binoculars).....................
    NIGHT VISION, THERMAL WEAPON SIGHT................            50,000
    RADIATION MONITORING SYSTEMS......................             1,554
    COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM)........           245,000
    ARTILLERY ACCURACY EQUIP..........................             2,800
    ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SETTER.                87
    PROFILER..........................................            75,483
    MOD OF IN-SVC EQUIP (Firefinder Radars)...........            21,500
    FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2)......           425,110
    LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLDR)...            57,000
    COMPUTER BALLISTICS: LHMBC XM32...................            10,550
    MORTAR FIRE CONTROL SYSTEM........................             6,192
    COUNTERFIRE RADARS................................           174,000
    INTEGRATED MET SYS SENSORS (IMETS)--MIP...........             1,400
    TACTICAL OPERATIONS CENTERS.......................           263,709
    FIRE SUPPORT CMD & CONTROL C2 FAMILY..............            19,248
    FAAD C2...........................................            21,500
    AIR & MSL DEFENSE PLANNING & CONTROL SYS (AMD PCS)            45,200
    KNIGHT FAMILY.....................................            18,077
    AUTOMATIC IDENTIFICATION TECHNOLOGY...............            71,030
    TC AIMS II........................................            56,290
    TACTICAL INTERNET MANAGER.........................            12,400
    MANEUVER CONTROL SYSTEM (MCS).....................            57,905
    SINGLE ARMY LOGISTICS ENTERPRISE (SALE)...........            77,681
    AUTOMATED DATA PROCESSING EQUIPMENT...............             9,949
    CSS COMMUNICATIONS................................           227,879
    SEQUOYAH FOREIGN LANGUAGE TRANSLATION SYSTEM......            12,813
    RECONNAISSANCE SYSTEMS, NUCLEAR BIOLOGICAL........            72,000
    CBRN SOLDIER PROTECTION...........................            83,065
    SMOKE & OBSCURANT FAMILY: SOF.....................             1,098
    TACTICAL BRIDGING.................................            60,000
    TACTICAL BRIDGE, FLOAT-RIBBON.....................            42,500
    GRND STANDOFF MINE DETECTION SYSTEM (GSTAMIDS)                19,500
     (Note: Funds Explosive Detection Equipment--FLIR)
    EXPLOSIVE ORDNANCE DISPOSAL EQUIP.................             7,650
    HEATERS AND ENVIRONMENTAL CONTROL UNITS...........            13,512
    LAUNDRIES, SHOWERS, AND LATRINES..................             5,200
    SOLDIER ENHANCEMENT (Note: Includes $102,000,000             110,757
     for Land Warrior)................................

[[Page 9506]]

 
    FORCE PROVIDER....................................             9,000
    FIELD FEEDING EQUIPMENT...........................            12,060
    CARGO AERIAL DELIVERY PROGRAM.....................            49,150
    QUALITY SURVEILLANCE EQUIPMENT....................            65,364
    DISTRIBUTION SYSTEMS, PETROLEUM & WATER...........            64,549
    WATER PURIFICATION SYSTEMS........................             8,135
    COMBAT SUPPORT MEDICAL............................             8,078
    MOBILE MAINTENANCE................................           265,625
    GRADER, MTZD, HVY.................................               788
    SCRAPERS, EARTHMOVING.............................             1,438
    LOADERS...........................................             9,502
    HYDRAULIC EXCAVATOR...............................               400
    CRANES............................................            30,000
    HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS.......            14,609
    CONST EQUIP ESP...................................             9,500
    GENERATORS AND ASSOCIATED EQUIPMENT...............           152,258
    ROUGH TERRAIN CONTAINER HANDLER...................           109,414
    ALL TERRAIN LIFTING ARMY SYSTEM...................            33,381
    TRAINING DEVICES, NONSYSTEM.......................               342
    CALIBRATION SETS EQUIPMENT........................            57,307
    INTEGRATED FAMILY OF TEST EQUIPMENT...............           133,918
    TEST EQUIPMENT MODERNIZATION (TEMOD)..............            10,840
    RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT.........            50,592
    PHYSICAL SECURITY SYSTEMS (OPA3) (Note: Funds                  2,791
     Unattended Sensors for Situational Awareness)....
    MODIFICATION OF IN-SVC EQUIP (OPA3)...............            23,007
    BUILDING PRE-FAB RELOCATABLE......................           134,469
    CLASSIFIED PROGRAMS...............................               570
    AMC CRITICAL ITEMS................................           131,740
    WARLOCKS..........................................            34,000
    BASE EXPEDITIONARY TARGETING SURVEILLANCE SYSTEMS--          490,000
     COMBINED (BETSS-C)...............................
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, ARMY..................        16,337,340
                                                       =================
AIRCRAFT PROCUREMENT, NAVY:
    EA-18G (Note: Provides 3 aircraft)................           225,000
    F/A-18E/F (FIGHTER) HORNET (MYP) (Note: Provides             768,040
     13 aircraft).....................................
    V-22 (MEDIUM LIFT) (Note: Provides 2 aircraft)....           140,500
    MH-60S (MYP) (Note: Provides 2 aircraft)..........            68,200
    MH-60R (Note: Provides 2 aircraft)................            70,400
    KC-130J (Note: Provides 9 aircraft)...............           602,400
    EA-6 SERIES.......................................           192,500
    AV-8 SERIES (Note: Funding for Litening Pods).....             3,200
    F-18 SERIES.......................................            60,264
    H-46 SERIES.......................................            18,200
    AH-1W SERIES......................................            33,974
    H-53 SERIES (Note: No funding for AMARC or IMDS)..            63,700
    SH-60 SERIES......................................             6,696
    H-1 SERIES........................................            42,134
    P-3 SERIES........................................           313,900
    C-130 SERIES......................................            28,100
    EA-6 SERIES.......................................             1,000
    EXECUTIVE HELICOPTERS SERIES......................             3,360
    SPECIAL PROJECT AIRCRAFT..........................             5,610
    POWER PLANT CHANGES...............................             6,300
    COMMON ECM EQUIPMENT..............................           136,000
    COMMON DEFENSIVE WEAPON SYSTEM (Note: Funds Marine             3,500
     Corps Helicopter Defensive Weapons)..............
    V-22 (TILT/ROTOR ACFT) OSPREY SERIES (Note:                   45,992
     Includes funding for Defensive Weapon System)....
    SPARES AND REPAIR PARTS (Note: Includes funding              412,412
     for UH-1Y first deployment)......................
    COMMON GROUND EQUIPMENT...........................             9,800
    WAR CONSUMABLES...................................            16,072
    SPECIAL SUPPORT EQUIPMENT.........................           286,000
                                                       -----------------
      TOTAL, AIRCRAFT PROCUREMENT, NAVY...............         3,563,254
                                                       =================
WEAPONS PROCUREMENT, NAVY:
    TOMAHAWK (Note: Provides 123 missiles)............           103,460
    SLAM-ER (Note: Provides 9 missile kits)...........            13,500
    HELLFIRE (Note: Provides 525 missiles)............            44,000
    SMALL ARMS AND WEAPONS............................            22,196
    CIWS MODS.........................................            67,000
    MARINE CORPS TACTICAL UNMANNED AERIAL SYSTEM......            67,300
                                                       -----------------
      TOTAL, WEAPONS PROCUREMENT, NAVY................           317,456
                                                       =================
PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS:
    JOINT DIRECT ATTACK MUNITION (JDAM)...............             5,000
    AIR EXPENDABLE COUNTERMEASURES....................             6,625
    OTHER SHIP GUN AMMUNITION.........................                42
    SMALL ARMS AND LANDING PARTY AMMUNITION...........            32,928
    PYROTECHNIC AND DEMOLITION........................                63
    SMALL ARMS AMMUNITION.............................            27,644
    LINEAR CHARGES, ALL TYPES.........................             3,874
    40 MM, ALL TYPES..................................            23,096
    60 MM, ALL TYPES..................................            30,252
    81 MM, ALL TYPES..................................            35,002
    120 MM, ALL TYPES.................................            59,021
    CTG 25 MM, ALL TYPES..............................               671
    GRENADES, ALL TYPES...............................             9,384
    ROCKETS, ALL TYPES................................             8,273
    ARTILLERY, ALL TYPES..............................            51,033
    DEMOLITION MUNITIONS, ALL TYPES...................             3,538
    FUZE, ALL TYPES...................................               881
    NON LETHALS.......................................             5,615
    AMMO MODERNIZATION................................             2,002
    ITEMS LESS THAN $5 MILLION........................                 1
                                                       -----------------
      TOTAL, PROCUREMENT OF AMMUNITION, NAVY AND                 304,945
       MARINE CORPS...................................
                                                       =================
OTHER PROCUREMENT, NAVY:
    POLLUTION CONTROL EQUIPMENT.......................            11,000
    STANDARD BOATS....................................            19,396
    TACTICAL SUPPORT CENTER...........................             3,060
    SHIPBOARD IW EXPLOIT (Note: No funding for DDG-51             28,000
     equipment).......................................
    SUBMARINE SUPPORT EQUIPMENT PROGRAM (Note: No                 17,100
     funding for antenna upgrades)....................
    GCCS-M EQUIPMENT..................................               920
    MATCALS...........................................            26,890

[[Page 9507]]

 
    COMMON IMAGERY GROUND SURFACE SYSTEM..............            38,000
    SHIP COMMUNICATIONS AUTOMATION....................            12,021
    EXPEDITIONARY AIRFIELDS...........................            29,750
    METEOROLOGICAL EQUIPMENT (Note: No funding for                 5,300
     NITES upgrades)..................................
    EXPLOSIVE ORDNANCE DISPOSAL EQUIPMENT.............            73,400
    PASSENGER CARRYING VEHICLES.......................             4,530
    CONSTRUCTION & MAINTENANCE EQUIPMENT..............           111,100
    TACTICAL VEHICLES.................................           104,615
    AMPHIBIOUS EQUIPMENT..............................               350
    ITEMS UNDER $5 MILLION (Note: Includes $3,600,000            126,331
     for Rugged Deployable Satellite Communications)..
    MATERIALS HANDLING EQUIPMENT......................               832
    SPECIAL PURPOSE SUPPLY SYSTEMS....................           695,000
    COMMAND SUPPORT EQUIPMENT.........................            40,109
    C4ISR EQUIPMENT...................................            16,900
    PHYSICAL SECURITY EQUIPMENT.......................            34,306
    SPARES AND REPAIR PARTS...........................               225
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, NAVY..................         1,399,135
                                                       =================
PROCUREMENT, MARINE CORPS:
    AAV7A1 PRODUCT IMPROVEMENT PROGRAM (PIP)..........            26,567
    LIGHT ARMORED VEHICLE (LAV) PIP...................            43,901
    IMPROVED RECOVERY VEHICLE (IRV)...................             8,247
    M1A1 FIREPOWER ENHANCEMENTS.......................                90
    155MM LIGHTWEIGHT TOWED HOWITZER..................            62,400
    WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION......            16,695
    MODULAR WEAPON SYSTEM.............................            17,098
    MODIFICATION KITS (BA2)...........................            14,706
    WEAPONS ENHANCEMENT PROGRAM.......................            34,223
    JAVELIN...........................................            10,000
    MODIFICATION KITS (BA3)...........................               949
    UNIT OPERATIONS CENTER (Note: Includes one year               84,700
     logistics support)...............................
    REPAIR AND TEST EQUIPMENT.........................             7,638
    COMBAT SUPPORT SYSTEM.............................             8,435
    MODIFICATION KITS (BA4)...........................            15,584
    ITEMS UNDER $5M (COMM & ELEC INFRASTRUCTURE                    2,409
     SUPPORT).........................................
    AIR OPERATIONS C2 SYSTEMS.........................            78,593
    RADAR SYSTEMS.....................................            22,900
    FIRE SUPPORT SYSTEM...............................            18,075
    INTELLIGENCE SUPPORT EQUIPMENT....................            26,348
    NIGHT VISION EQUIPMENT............................           153,631
    COMMON COMPUTER RESOURCES.........................            87,410
    COMMAND POST SYSTEMS..............................            43,416
    RADIO SYSTEMS (Note: No funding for Enhanced Land            359,765
     Mobile Radios)...................................
    COMMUNICATIONS SWITCHING & CONTROL SYSTEMS........            22,913
    5/4T TRUCK HMMWV (MYP)............................           197,683
    MOTOR TRANSPORT MODIFICATIONS.....................           377,962
    MEDIUM TACTICAL VEH REPLACEMENT...................            13,676
    TRAILERS..........................................            43,000
    FAMILY OF TACTICAL TRAILERS.......................             4,402
    ITEMS LESS THAN $5 MILLION (BA5)..................             8,048
    ENVIRONMENTAL CONTROL EQUIPMENT ASSORTED..........             2,829
    BULK LIQUID EQUIPMENT.............................            13,189
    TACTICAL FUEL SYSTEMS.............................            21,702
    POWER EQUIPMENT ASSORTED..........................            76,080
    AMPHIBIOUS SUPPORT EQUIPMENT......................             6,343
    EOD SYSTEMS.......................................           124,563
    MATERIAL HANDLING EQUIPMENT.......................            17,242
    TRAINING DEVICES..................................            30,300
    CONTAINER FAMILY..................................            18,032
    FAMILY OF CONSTRUCTION EQUIPMENT..................            37,383
    FAMILY OF INTERNALLY TRANSPORTED VEHICLE (ITV)....            18,000
    BRIDGE BOATS......................................            13,195
    RAPID DEPLOYABLE KITCHEN..........................                68
    ITEMS LESS THAN $5 MILLION (BA6)..................             4,007
    SPARES AND REPAIR PARTS...........................             2,993
                                                       -----------------
      TOTAL, PROCUREMENT, MARINE CORPS................         2,197,390
                                                       =================
AIRCRAFT PROCUREMENT, AIR FORCE:
    C-17 (Note: Includes funding for 15 C-17 aircraft)         3,604,500
    C-130J (Note: Includes funding for 18 C-130J               1,802,300
     aircraft and 7 MC-130J aircraft).................
    CV-22 OSPREY (Note: deletes funding for initial              375,900
     spares)..........................................
    REAPER UAV (Note: Includes funding for 18 Reaper             340,700
     systems).........................................
    B-1 (Note: No funding included for Digital Mission            40,100
     Recorder)........................................
    B-52..............................................            10,395
    F-15 (Note: Funding not included for BLOS,                   139,158
     Tactical Targeting Network and 56 JHMCS).........
    F-16 (Note: Includes no less than $50,000,000 for             72,900
     the Air National Guard SLOS/BLOS radios and
     targeting pods upgrades).........................
    C-5 (Note: Fully funds aft crown skin project)....            27,400
    C-17..............................................            72,000
    C-32..............................................            43,000
    C-37..............................................            11,000
    C-40..............................................            39,000
    C-130 (Note: Includes radar upgrades for LC-130              152,640
     aircraft)........................................
    COMPASS CALL......................................             6,500
    DARP..............................................            40,000
    E-3...............................................            25,000
    HH-60.............................................             6,900
    INITIAL SPARES/REPAIR PARTS.......................            36,900
    AIRCRAFT REPLACEMENT SUPPORT EQUIPMENT............           100,000
    OTHER WAR CONSUMABLES.............................            68,900
    OTHER PRODUCTION CHARGES..........................            88,730
                                                       -----------------
      TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE..........         7,103,923
                                                       =================
MISSILE PROCUREMENT, AIR FORCE:
    PREDATOR HELLFIRE MISSILE.........................            65,143
    ADVANCED CRUISE MISSILE MODS......................               600
    INITIAL SPARES/REPAIR PARTS.......................             1,200
                                                       -----------------
      TOTAL, MISSILE PROCUREMENT, AIR FORCE...........            66,943
                                                       =================
PROCUREMENT OF AMMUNITION, AIR FORCE:
    SMALL ARMS........................................            25,400
    CARTRIDGES........................................            33,954
    GENERAL PURPOSE BOMBS.............................             7,887

[[Page 9508]]

 
    JOINT DIRECT ATTACK MUNITIONS.....................            13,094
    ITEMS LESS THAN $5 MILLION........................            12,100
    FLARES............................................           112,545
    FUZES.............................................               475
                                                       -----------------
      TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE.....           205,455
                                                       =================
OTHER PROCUREMENT, AIR FORCE:
    PASSENGER CARRYING VEHICLES.......................            23,396
    MEDIUM TACTICAL VEHICLE...........................            34,939
    SECURITY AND TACTICAL VEHICLES (Note: Includes                66,124
     MRAP adjustment).................................
    FIRE FIGHTING/CRASH RESCUE VEHICLES...............            15,200
    HALVORSEN LOADER..................................            19,500
    RUNWAY SNOW REMOVAL AND CLEANING EQUIPMENT........             6,987
    ITEMS LESS THAN $5 MILLION (VEHICLES).............            12,500
    NATIONAL AIRSPACE SYSTEM..........................             4,200
    GENERAL INFORMATION TECHNOLOGY (Note: No funds for             7,776
     POM-X)...........................................
    AIR FORCE PHYSICAL SECURITY SYSTEM (Note: Funding              4,500
     not included for C-RAM and CROWS)................
    GLOBAL COMBAT SUPPORT SYSTEM--AF FAMILY OF SYSTEMS             7,500
    DEFENSE MESSAGE SYSTEM............................               400
    BASE INFORMATION INFRASTRUCTURE (Note: only for               52,000
     ANG installations)...............................
    SPACELIFT RANGE SYSTEM SPACE......................            10,000
    CONTINGENCY OPERATIONS............................             9,200
    ITEMS LESS THAN $5 MILLION (BASE SUPPORT) (Note:              61,000
     Includes $12,000,000 for Intelligence
     Communications Equipment and no funding for
     Senior Leader in Transit Conference Capsules)....
    DISTRIBUTED GROUND SYSTEMS........................            56,000
    CLASSIFIED PROGRAMS...............................         1,561,945
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, AIR FORCE.............         1,953,167
                                                       =================
PROCUREMENT, DEFENSE-WIDE:
    MAJOR EQUIPMENT, DHRA.............................             7,800
    CV-22.............................................           173,800
    C-130 MODS........................................            65,000
    SMALL ARMS AND WEAPONS............................             1,365
    UNMANNED VEHICLES.................................            14,550
    SOF OPERATIONAL ENHANCEMENTS......................            59,000
    CLASSIFIED PROGRAMS...............................            86,694
                                                       -----------------
      TOTAL, PROCUREMENT, DEFENSE-WIDE................           408,209
                                                       =================
NATIONAL GUARD AND RESERVE EQUIPMENT:
    ARMY RESERVE......................................           150,000
    ARMY NATIONAL GUARD...............................           675,000
                                                       -----------------
      TOTAL, NATIONAL GUARD & RESERVE EQUIPMENT.......           825,000
------------------------------------------------------------------------

                             ARMY AVIATION

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


                               M4 CARBINE

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


                   FAMILY OF MEDIUM TACTICAL VEHICLES

       The recommendation includes $793,600,000 for the Family of 
     Medium Tactical Vehicles program. This funding level includes 
     $94,000,000 to reimburse the program for funds that were used 
     under rapid acquisition authority to procure Sky Warrior 
     intelligence, surveillance and reconnaissance assets.


       SINGLE CHANNEL GROUND AND AIRBORNE RADIO SYSTEM [SINCGARS]

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


                        MARITIME PATROL AIRCRAFT

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


                MARINE CORPS AIRCRAFT DEFENSIVE WEAPONS

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


                      GROW THE FORCE--MARINE CORPS

       The recommendation provides funds identified by the Marine 
     Corps associated with growing the size of its force, to 
     include $26,400,000 for lightweight 155mm howitzers, 
     $12,000,000 for weapons, $43,000,000 for trailers and 
     $144,000,000 for armored vehicle sets.


   MARINE CORPS GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM [G-BOSS]

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

[[Page 9509]]




                            C-17 GLOBEMASTER

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


                        C/KC/MC-130J PROCUREMENT

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


            LARGE AIRCRAFT INFRARED COUNTERMEASURES [LAIRCM]

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


                          HANDGUN REPLACEMENT

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


                  NATIONAL GUARD AND RESERVE EQUIPMENT

       The recommendation for the National Guard and Reserve 
     Equipment Account is $825,000,000. Of this amount, 
     $675,000,000 is for the Army National Guard and $150,000,000 
     is for the U.S. Army Reserve to meet urgent equipment needs 
     that may arise this fiscal year. This funding will allow the 
     Army Guard and Army Reserve to procure high priority items 
     such as: AH-64 helicopter modifications from A model to D 
     model for the Army Guard; HH-60 Blackhawk medical evacuation 
     helicopters for the Army Reserve; UH-60 helicopter model A to 
     L conversions; HMMWV utility vehicles; Heavy Expanded Mobile 
     Tactical Trucks; Liquid Logistics Storage and Distribution 
     Systems; sniper detection devices; MILSATCOM, NAVSTAR GPS, 
     and other communications equipment; Night Vision equipment; 
     psychological operations equipment; Water Purification 
     Systems; Air Traffic Control Simulator Systems; Light Medium 
     and Medium Tactical Vehicles; trucks, tractors, and line haul 
     equipment; Armored Security Vehicles; Joint Service 
     Transportable Decontamination Systems -Small Scale [JSTDS-
     SS]; Logistics Automation Systems [SAMS-E, CAISI, and VSAT]; 
     and tactical bridging and power generating equipment.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       An appropriation of $1,745,483,000 is recommended for 
     Research, Development, Test and Evaluation.
       The recommendations for each research, development, test 
     and evaluation account are shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY:
    MILITARY ENGINEERING ADVANCED TECHNOLOGY (Note:                5,000
     Includes development of surveillance technology).
    SOLDIER SUPPORT AND SURVIVABILITY.................            10,000
    INFANTRY SUPPORT WEAPONS..........................             8,158
    FAMILY OF HEAVY TACTICAL WHEELS (Note: Adapt SPARK             3,400
     Mine Rollers to OEF).............................
    LIGHT TACTICAL WHEELED VEHICLES...................            10,000
    AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE.....            38,900
    AUTOMATIC TEST EQUIPMENT DEVELOPMENT..............             2,000
    INFORMATION TECHNOLOGY DEVELOPMENT (Note: Includes            21,000
     $16,000,000 for Enhanced DIHMRS Capability)......
    INFORMATION SYSTEMS SECURITY PROGRAM..............            23,300
    WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM..........             3,800
    JOINT COMMAND AND CONTROL PROGRAM.................             6,200
    DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.........             6,000
    BASE EXPEDITIONARY TARGETING SURVEILLANCE SYSTEMS--           10,000
     COMBINED (BETSS-C)...............................
    FUEL PRICE INCREASE--KWAJALEIN....................             6,000
    LIGHT WEIGHT MISSILE LAUNCHER.....................             9,200
                                                       -----------------
      TOTAL, RESEARCH, DEVELOPMENT, TEST & EVALUATION,           162,958
       ARMY...........................................
                                                       =================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY:
    USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD)                  17,000
     (Note: Includes funding for IED Detection
     Program).........................................
    RETRACT LARCH.....................................            18,800
    RETRACT MAPLE.....................................             3,400
    LINK EVERGREEN....................................            47,200
    NON-LETHAL WEAPONS (Note: Funds only for ADS and               7,000
     Silent Guardian).................................
    OTHER HELICOPTER DEVELOPMENT (Note: Includes                   5,000
     funding for CH-53 VDE)...........................
    AV-8B AIRCRAFT--ENGINE DEVELOPMENT................             6,406
    V-22A (Note: Funding for Defensive Weapons System)            14,000
    ELECTRONIC WARFARE (EW) DEVELOPMENT...............             8,676
    MEDICAL DEVELOPMENT (Note: Includes funding for               10,000
     wound care research).............................
    INFORMATION TECHNOLOGY DEVELOPMENT................               800
    SHIP AND AIRCRAFT SUPPORT.........................             8,952
    MARINE CORPS COMMS SYSTEMS (Note: Funds only for              55,500
     GBOSS, CREW, CESAS, and TPS-59)..................
    MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS            10,600
     (Note: No funds for PERM)........................
    MARINE CORPS CMBT SERVICES SUPT (Note: Funds only              1,075
     for M1A1 Crew Weapon and Test Equipment).........
    AIRBORNE RECONNAISSANCE SYSTEMS...................            11,000
    MANNED RECONNAISSANCE SYSTEMS.....................            32,000
    CLASSIFIED PROGRAMS...............................           108,701
                                                       -----------------
      TOTAL, RESEARCH, DEVELOPMENT, TEST & EVALUATION,           366,110
       NAVY...........................................
                                                       =================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE:
    MATERIALS.........................................             3,700
    ADVANCED MATERIALS FOR WEAPON SYSTEMS.............             5,900
    AEROSPACE TECHNOLOGY DEV/DEMO.....................               300
    B-1B..............................................            40,000
    SMALL DIAMETER BOMB...............................             7,900
    ARMAMENT/ORDNANCE DEVELOPMENT.....................             4,200
    TEST AND EVALUATION SUPPORT (Note: Includes                   19,118
     $300,000 for deployed civilians and $18,818,000
     for fuel cost increase)..........................
    FACILITY RESTORATION AND MODERNIZATION-T&E........             1,610
    CLASSIFIED PROGRAMS...............................             7,700
    NIGHT FIST USSTRATCOM.............................             1,640
    F-16 SQUADRONS (Note: Only for BLOS for SINCGARS).             7,700
    COMPASS CALL......................................             5,600
    AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROG (CIP)..            16,000
    JOINT SURVEILLANCE/TARGET ATTACK RADAR SYS                   185,499
     (JSTARS).........................................

[[Page 9510]]

 
    DRAGON U-2 (JMIP).................................               660
    AIRBORNE RECONNAISSANCE SYSTEMS...................             1,520
    GLOBAL HAWK UAV (Note: Only for fixing imagery and               800
     shading issues)..................................
    CLASSIFIED PROGRAMS...............................            89,970
                                                       -----------------
      TOTAL, RESEARCH, DEVELOPMENT, TEST & EVALUATION,           399,817
       AIR FORCE......................................
                                                       =================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-
 WIDE:
    AEGIS BALLISTIC MISSILE DEFENSE (Note: Only for              112,360
     activities associated with the February 2008
     satellite intercept).............................
    GENERAL SUPPORT TO USD............................            26,374
    CLASSIFIED PROGRAMS USD (P).......................            15,000
    DHRA--WOUNDED WARRIOR.............................            20,300
    CRITICAL INFRASTRUCTURE PROGRAM (CIP).............             4,500
    DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.........             3,170
    SOF OPERATIONAL ENHANCEMENTS......................             2,270
    MANAGEMENT HEADQUARTERS (JCS).....................             1,028
    UNMANNED VEHICLES (Note: Only for Global Observer)            38,000
    CLASSIFIED PROGRAMS...............................           593,596
                                                       -----------------
      TOTAL, RESEARCH, DEVELOPMENT, TEST & EVALUATION,           816,598
       DEFENSE-WIDE...................................
------------------------------------------------------------------------

                              JOINT STARS

       An appropriation of $185,499,000 is recommended for the 
     JOINT STARS aircraft program. $58,600,000 is for the Primary 
     Mission Equipment and Diminishing Manufacturing Source [PME/
     DMS] development program, $1,409,000 is for the Surface 
     Warfare Joint Capability Technology Demonstration, 
     $36,000,000 is for increased bandwidth and beyond line of 
     site capability for the aircraft, $4,100,000 is for Single 
     Channel Ground to Air Radio System [SINCGARS] voice initial 
     capability insertion, and $85,390,000 is for the Radar 
     Technology Insertion Program for Joint STARS.


                         C-17 HEADS-UP DISPLAY

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
DEFENSE WORKING CAPITAL FUND, ARMY:
    PREPOSITIONED WAR RESERVE STOCKS..................           511,100
    SPARES AUGMENTATION--COMBAT LOSSES................            62,000
    SPARES AUGMENTATION--OIF DEMANDS..................            70,000
    FUEL COSTS........................................             7,471
                                                       -----------------
      TOTAL, DEFENSE WORKING CAPITAL FUND, ARMY.......           650,571
                                                       =================
DEFENSE WORKING CAPITAL FUND, NAVY: FUEL COSTS........           272,020
                                                       -----------------
      TOTAL, DEFENSE WORKING CAPITAL FUND, NAVY.......           272,020
                                                       =================
DEFENSE WORKING CAPITAL FUND, AIR FORCE: FUEL COSTS...           594,784
                                                       -----------------
      TOTAL, DEFENSE WORKING CAPITAL FUND, AIR FORCE..           594,784
                                                       =================
DEFENSE WORKING CAPITAL FUND, DEFENSE-WIDE:
    THEATER DISTRIBUTION CENTER, KUWAIT...............            13,000
    COMBAT FUEL LOSSES................................            43,400
    FUEL TRANSPORTATION...............................            96,100
    DEFENSE REUTILIZATION AND MARKETING OPTIONS.......             5,275
    DLA FUEL TERMINAL OPERATIONS......................            16,100
    FUEL COSTS........................................           146,200
                                                       -----------------
      TOTAL, DEFENSE WORKING CAPITAL FUND, DEFENSE-              320,075
       WIDE...........................................
------------------------------------------------------------------------

                     National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       An appropriation of $1,488,864,000 is recommended for the 
     Defense Health Program.
       The recommendations for operation and maintenance, 
     procurement and research, development, test and evaluation 
     are shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
OPERATION AND MAINTENANCE.............................           957,064
    IN-HOUSE CARE.....................................            38,700
        Navy Personnel Backfill.......................            37,700
        Medical Care of Former Members w/Severe                    1,000
         Injuries.....................................
    PRIVATE SECTOR CARE...............................           541,164
        Respite Care for Active Duty Members..........            10,000
        Medical Care for Families of Seriously Injured             1,000
         Members......................................
    CONSOLIDATED HEALTH CARE SUPPORT..................            43,311
        Notification of Combat Wounded................             2,000
        Center of Excellence for Eye Injuries.........             1,000
        Establish Office for Interoperable Electronic              2,500
         Health Record................................
        Disability Evaluation System & Case Management             7,600
    INFORMATION MANAGEMENT............................            19,393
        Joint Medical Communications Infrastructure...             5,000
        Navy Civilian Hires...........................               300
        Disability Evaluation System & Case Management            13,500
    MANAGEMENT ACTIVITIES.............................               773
    EDUCATION AND TRAINING............................            20,700
        Enhanced Recruiting/Retention of HC                       18,500
         Professionals................................
        Navy Civilian Hires...........................             2,200
    BASE OPERATIONS/COMMUNICATIONS....................           293,023
        Army FSRM.....................................           140,200
        Navy FSRM.....................................            93,211
        Air Force FSRM................................            59,612
PROCUREMENT...........................................            91,900
    Disability Evaluation System & Case Management....             4,900
    Joint Medical Communications Infrastructure.......            25,000
    Army Medical Procurement..........................            35,000
    Navy Medical Procurement..........................            27,000
RESEARCH, DEVELOPMENT, TEST AND EVALUATION............           364,900
    Disability Evaluation System & Case Management....            21,100
    Battle Casualty and Psychological Health Research.           273,800
    Center for Neuroscience and Regenerative Medicine.            70,000
PSYCHOLOGICAL HEALTH AND TRAUMATIC BRAIN INJURY.......            75,000
                                                       -----------------
      TOTAL, DEFENSE HEALTH PROGRAM...................         1,488,864
------------------------------------------------------------------------

         FACILITIES SUSTAINMENT, RESTORATION AND MODERNIZATION

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


              JOINT MEDICAL COMMUNICATIONS INFRASTRUCTURE

       The recommendation includes $5,000,000 in the Information 
     Management budget activity group within operation and 
     maintenance and $25,000,000 in procurement for the 
     advancement of real time interoperability of medical images 
     and data. This project enables real-time interoperability for 
     the Theater Medical Information Program [TMIP] and other 
     Department of Defense, Department of Veterans Affairs, and 
     civilian medical systems to provide life saving capabilities 
     to our service men and women. TMIP applications are currently 
     deployed all the way down to our field medics to record 
     patient encounter data, usually at the point of injury. 
     Department of Defense medical application data is not 
     currently in a common data format; Veterans Affairs data is 
     entered as text, preventing the data from being computable. 
     Integration and processing of data is not done in real-time; 
     utilizing data in this manner can require days, even weeks. 
     This project enables real time interoperability for life 
     saving data to Emergency Operations Centers for the Army, Air 
     Force and Navy Combatant Commands, eliminating life 
     threatening situations where medical assets are potentially 
     not available to those that need them. Without those medical 
     assets being available, the lives, health and safety of our 
     forces are at stake.


           UNFUNDED FISCAL YEAR 2008 PROCUREMENT REQUIREMENTS

       The recommendation includes an additional $62,000,000 for 
     unfunded procurement requirements for the Army and Navy. The 
     Air Force does not have any unfunded procurement requirements 
     for fiscal year 2008. Providing the most advanced medical 
     equipment is essential for the care of our service members 
     and their families and the Services have a limited ability to 
     procure critical medical technology because of the 
     exponential cost growth for medical equipment and the 
     restrictions on the service medical accounts. Additional 
     procurement resources have been provided to the Services for 
     the past 2 years and the Department must make a concerted 
     effort to reflect these requirements in future budget 
     submissions for the Defense Health Program.


           BATTLE CASUALTY AND PSYCHOLOGICAL HEALTH RESEARCH

       The recommendation includes an additional $273,800,000 to 
     address prevention, diagnosis, treatment, and mitigation of 
     deployment-related injuries and psychological health 
     concerns. These funds are targeted to accelerate ongoing 
     programs and are for peer reviewed research into emergent 
     approaches

[[Page 9511]]

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


           CENTER FOR NEUROSCIENCE AND REGENERATIVE MEDICINE

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


       POST TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

                    Office of the Inspector General

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

                    GENERAL PROVISIONS--THIS CHAPTER

       The recommended bill includes the following general 
     provisions for this chapter:
       Section 11101 establishes the period of availability for 
     obligation for appropriations provided in this chapter.
       Section 11102 provides that funds made available in this 
     chapter are in addition to amounts provided elsewhere for the 
     Department of Defense for fiscal year 2008.
       Section 11103 provides for special transfer authority of up 
     to $2,500,000,000 of funds in this chapter, subject to the 
     terms and conditions in section 8005 of the Department of 
     Defense Appropriations Act, 2008.
       Section 11104 provides that of the funds made available for 
     the Department of Defense, $1,226,841,000 may be used to 
     execute programs under the Commander's Emergency Response 
     Program for Iraq, Afghanistan, and the Philippines.
       Section 11105 provides for transfer of funds to the Defense 
     Cooperation Account to appropriations or funds as determined 
     by the Secretary of Defense.
       Section 11106 provides that not to exceed $20,000,000 of 
     funds made available under ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used to support counter-
     drug activities of certain governments, and that such support 
     is in addition to support provided under any other provision 
     of law.
       Section 11107 provides for up to 20 heavy and light armored 
     vehicles for force protection purposes in Iraq and 
     Afghanistan and up to 21 vehicles from funds previously 
     appropriated.
       Section 11108 provides for the transfer of funds to the 
     Mine Resistant Ambush Protected Vehicle Fund.
       Section 11109 provides up to $150,000,000 to support the 
     development of foreign national counterterrorism 
     capabilities.

                               CHAPTER 2

            BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                                Overview


                             Recommendation

       On May 2, the administration presented a request of 
     $65,960,936,000 for supplemental appropriations for the 
     Department of Defense, not including military construction. 
     The recommendation in title XI, chapter 2, is 
     $65,921,157,000.
       The following table summarizes by appropriation account or 
     general provision, the recommendation:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
                      Chapter 2
 
           DEPARTMENT OF DEFENSE--MILITARY
 
                  Military Personnel
 
Military Personnel, Army (emergency).................           839,000
Military Personnel, Navy (emergency).................            75,000
Military Personnel, Marine Corps (emergency).........            55,000
Military Personnel, Air Force (emergency)............            75,000
National Guard Personnel, Army (emergency)...........           150,000
                                                      ------------------
      Total, Military Personnel......................         1,194,000
 
              Operation and Maintenance
 
Operation & Maintenance, Army (emergency)............        37,300,000
Operation & Maintenance, Navy (emergency)............         3,500,000
    (Transfer out) (emergency).......................         (-112,000)
Operation & Maintenance, Marine Corps (emergency)....         2,900,000
Operation & Maintenance, Air Force (emergency).......         5,000,000
Operation & Maintenance, Defense-Wide (emergency)....         2,648,569
Operation & Maintenance, Army Reserve (emergency)....            79,291
Operation & Maintenance, Navy Reserve (emergency)....            42,490
Operation & Maintenance, Marine Corps Reserve                    47,076
 (emergency).........................................
Operation & Maintenance, Air Force Reserve                       12,376
 (emergency).........................................
Operation & Maintenance, Army National Guard                    333,540
 (emergency).........................................
Operation & Maintenance, Air National Guard                      52,667
 (emergency).........................................
                                                      ------------------
      Subtotal, Operation and Maintenance............        51,916,009
 
Afghanistan Security Forces Fund (emergency).........         2,000,000
Iraq Security Forces Fund (emergency)................         1,000,000
                                                      ------------------
      Total, Operation and Maintenance...............        54,916,009
 
                     Procurement
 
Aircraft Procurement, Army (emergency)...............            84,000
Procurement of Weapons and Tracked Combat Vehicles,             822,674
 Army (emergency)....................................
Procurement of Ammunition, Army (emergency)..........            46,500
Other Procurement, Army (emergency)..................         1,009,050
Other Procurement, Navy (emergency)..................            27,948
Procurement, Marine Corps (emergency)................           565,425
Aircraft Procurement, Air Force (emergency)..........           201,842
Other Procurement, Air Force (emergency).............         1,500,644
Procurement, Defense-Wide (emergency)................           177,237
                                                      ------------------
      Total, Procurement.............................         4,435,320
 
      Research, Development, Test and Evaluation
 
Research, Development, Test & Evaluation, Navy                  113,228
 (emergency).........................................
Research, Development, Test & Evaluation, Air Force              72,041
 (emergency).........................................
Research, Development, Test and Evaluation, Defense-            202,559
 Wide (emergency)....................................
                                                      ------------------
      Total, Research, Development, Test and                    387,828
       Evaluation....................................
 
         Other Department of Defense Programs
 
Defense Health Program (emergency)...................         1,100,000
Drug Interdiction and Counter-Drug Activities,                  188,000
 Defense (emergency).................................
Joint Improvised Explosive Device Defeat fund                 2,000,000
 (emergency).........................................
                                                      ------------------
      Total, Other Department of Defenses Programs...         3,288,000
 
                  General Provisions
 
Sec. xxxx Transfer authority.........................        (4,000,000)
Sec. xxxx Mine Resistant Ambush Protected Vehicle             1,700,000
 fund (emergency)....................................
                                                      ------------------
      Total, General Provisions......................         1,700,000
                                                      ------------------
      Total, Chapter 2...............................        65,921,157
------------------------------------------------------------------------

                            CLASSIFIED ANNEX

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


                         REPORTING REQUIREMENTS

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


                MINE RESISTANT AMBUSH PROTECTED VEHICLES

       The recommendation includes $1,700,000,000 for the Mine 
     Resistant Ambush Protected Vehicle Fund. This funds 
     requirements for ballistic testing, sustainment and 
     transportation of Mine Resistant Ambush Protected Vehicles, 
     as identified by the Department. The Department shall 
     continue to adhere to the execution and reporting 
     requirements contained in section 8122 of Public Law 110-116. 
     Additionally, the Secretary of Defense is

[[Page 9512]]

     directed to include future requests for Mine Resistant Ambush 
     Protected Vehicle sustainment in the base budget starting 
     with the fiscal year 2010 President's budget request 
     submission.

                           MILITARY PERSONNEL

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
               MILITARY PERSONNEL, ARMY
 
ACTIVITY 1: PAY AND ALLOWANCES OF OFFICERS:
    BASIC PAY.........................................            85,298
    RETIRED PAY ACCRUAL...............................            24,906
    BASIC ALLOWANCE FOR HOUSING.......................            25,374
    BASIC ALLOWANCE FOR SUBSISTENCE...................             3,322
    SOCIAL SECURITY TAX...............................             6,516
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 1........................           145,416
                                                       =================
ACTIVITY 2: PAY AND ALLOWANCES OF ENLISTED PERSONNEL:
    BASIC PAY.........................................           190,920
    RETIRED PAY ACCRUAL...............................            55,748
    BASIC ALLOWANCE FOR HOUSING.......................            58,173
    SOCIAL SECURITY TAX...............................            14,605
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 2........................           319,446
                                                       =================
ACTIVITY 4: SUBSISTENCE OF ENLISTED PERSONNEL:
    BASIC ALLOWANCE FOR SUBSISTENCE...................            17,563
    SUBSISTENCE-IN-KIND...............................           251,700
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 3........................           269,263
                                                       =================
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    DEATH GRATUITIES..................................            10,488
    SGLI AND TSGLI PAYMENTS...........................            94,387
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................           104,875
                                                       =================
      TOTAL, MILITARY PERSONNEL, ARMY.................           839,000
                                                       =================
               MILITARY PERSONNEL, NAVY
 
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    DEATH GRATUITIES..................................            13,000
    SGLI AND TSGLI PAYMENTS...........................            62,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            75,000
                                                       =================
      TOTAL, MILITARY PERSONNEL, NAVY.................            75,000
                                                       =================
           MILITARY PERSONNEL, MARINE CORPS
 
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    DEATH GRATUITIES..................................            22,000
    SGLI AND TSGLI PAYMENTS...........................            33,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            55,000
                                                       =================
      TOTAL, MILITARY PERSONNEL, MARINE CORPS.........            55,000
                                                       =================
             MILITARY PERSONNEL, AIR FORCE
 
ACTIVITY 6: OTHER MILITARY PERSONNEL COST:
    DEATH GRATUITIES..................................            12,000
    SGLI AND TSGLI PAYMENTS...........................            63,000
                                                       -----------------
      TOTAL, BUDGET ACTIVITY 6........................            75,000
                                                       =================
      TOTAL, MILITARY PERSONNEL, AIR FORCE............            75,000
                                                       =================
            NATIONAL GUARD PERSONNEL, ARMY
 
PAY GROUP A TRAINING (15 DAYS & DRILLS 24/28).........            16,500
SCHOOL TRAINING.......................................            58,500
SPECIAL TRAINING......................................            24,000
ADMINISTRATION AND SUPPORT............................            51,000
                                                       -----------------
      TOTAL, NATIONAL GUARD PERSONNEL, ARMY...........           150,000
------------------------------------------------------------------------

                       OPERATION AND MAINTENANCE

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
OPERATION AND MAINTENANCE, ARMY:
    INCREMENTAL WARTIME OPERATING COSTS...............        23,343,665
    DEPOT MAINTENANCE/RESET...........................         7,886,730
    FACILITIES/BASE SUPPORT...........................         5,205,036
    TRANSPORTATION....................................           778,198
    CLASSIFIED PROGRAMS...............................            86,371
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, ARMY..........        37,300,000
                                                       =================
OPERATION AND MAINTENANCE, NAVY:
    INCREMENTAL WARTIME OPERATING COSTS...............         2,517,826
    DEPOT MAINTENANCE/RESET...........................           236,829
    TRANSPORTATION....................................           594,906
    COAST GUARD SUPPORT...............................           112,000

[[Page 9513]]

 
    CLASSIFIED PROGRAMS...............................            38,439
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, NAVY..........         3,500,000
                                                       =================
OPERATION AND MAINTENANCE, MARINE CORPS:
    INCREMENTAL WARTIME OPERATING COSTS...............         2,109,788
    DEPOT MAINTENANCE/RESET...........................           430,660
    TRANSPORTATION....................................           359,552
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, MARINE CORPS..         2,900,000
                                                       =================
OPERATION AND MAINTENANCE, AIR FORCE:
    INCREMENTAL WARTIME OPERATING COSTS...............         2,689,203
    DEPOT MAINTENANCE/RESET...........................           238,347
    AIRLIFT OPERATIONS................................         2,031,723
    CLASSIFIED PROGRAMS...............................            40,727
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, AIR FORCE.....         5,000,000
                                                       =================
OPERATION AND MAINTENANCE, DEFENSE-WIDE:
    THE JOINT STAFF...................................            22,500
    SPECIAL OPERATIONS COMMAND:
        OPERATING EXPENSES............................           901,550
        ISR SUSTAINMENT...............................           123,450
    AMERICAN FORCES INFORMATION SERVICE...............             6,500
    DEFENSE CONTRACT AUDIT AGENCY (DCAA)..............             5,000
    DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA).........             2,100
    DEFENSE HUMAN RESOURCE ACTIVITY (DHRA)............             2,900
    DEFENSE INFORMATION SYSTEMS AGENCY (DISA).........            31,100
    DEFENSE LOGISTICS AGENCY..........................            34,000
    DEFENSE LEGAL SERVICES AGENCY (DLSA)..............             7,000
    DEPARTMENT OF DEFENSE EDUCATION ACTIVITY (DODEA)..           102,460
    DEFENSE SECURITY COOPERATION AGENCY (DSCA)........           300,000
    DEFENSE THREAT REDUCTION AGENCY (DTRA)............             1,440
    OFFICE OF THE SECRETARY OF DEFENSE................            30,000
    WASHINGTON HEADQUARTERS SERVICES..................             5,000
    CLASSIFIED PROGRAMS...............................         1,073,569
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, DEFENSE-WIDE..         2,648,569
                                                       =================
OPERATION AND MAINTENANCE, ARMY RESERVE: OPERATING                79,291
 EXPENSES.............................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, ARMY RESERVE..            79,291
                                                       =================
OPERATION AND MAINTENANCE, NAVY RESERVE: OPERATING                42,490
 EXPENSES.............................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, NAVY RESERVE..            42,490
                                                       =================
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE:                  47,076
 OPERATING EXPENSES...................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, MARINE CORPS              47,076
       RESERVE........................................
                                                       =================
OPERATION AND MAINTENANCE, AIR FORCE RESERVE:                     12,376
 OPERATING EXPENSES...................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, AIR FORCE                 12,376
       RESERVE........................................
                                                       =================
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD:                  333,540
 OPERATING EXPENSES...................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, ARMY NATIONAL            333,540
       GUARD..........................................
                                                       =================
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD:                    52,667
 OPERATING EXPENSES...................................
                                                       -----------------
      TOTAL, OPERATION AND MAINTENANCE, AIR NATIONAL              52,667
       GUARD..........................................
                                                       =================
AFGHANISTAN SECURITY FORCES FUND:
    MINISTRY OF DEFENSE (MOD) INFRASTRUCTURE..........           300,510
    MOD EQUIPMENT AND TRANSPORTATION..................           234,558
    MOD TRAINING......................................           138,271
    MOD SUSTAINMENT...................................           480,340
    MINSTRY OF INTERIOR (MOI) INFRASTRUCTURE..........           210,276
    MOI EQUIPMENT AND TRANSPORTATION..................            42,727
    MOI TRAINING......................................           313,803
    MOI SUSTAINMENT...................................           275,515
    RELATED ACTIVITIES:
        DETAINEE OPERATIONS--TRAINING.................             1,000
        DETAINEE OPERATIONS--SUSTAINMENT..............             3,000
                                                       -----------------
          TOTAL, AFGHANISTAN SECURITY FORCES FUND.....         2,000,000
                                                       =================
IRAQ SECURITY FORCES FUND:
    MINISTRY OF DEFENSE (MOD) EQUIPMENT AND                      300,000
     TRANSPORTATION...................................
    MOD TRAINING......................................            60,000
    MOD SUSTAINMENT...................................           100,000
    MINISTRY OF INTERIOR (MOI) EQUIPMENT AND                     200,000
     TRANSPORTATION...................................
    MOI TRAINING......................................           300,000
    MOI SUSTAINMENT...................................            40,000
                                                       -----------------
      TOTAL, IRAQ SECURITY FORCES FUND................         1,000,000
------------------------------------------------------------------------

                  Defense Security Cooperation Agency

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

                  Afghanistan and Iraq Security Forces

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

                              PROCUREMENT

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

[[Page 9514]]



                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY:
    COMMON GROUND EQUIPMENT...........................             5,000
    AIRCRAFT SURVIVABILITY INFRARED COUNTERMEASURES...            20,000
    KIOWA WARRIOR.....................................            59,000
                                                       -----------------
      TOTAL, AIRCRAFT PROCUREMENT, ARMY...............            84,000
                                                       =================
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
 ARMY:
    BRADLEY BASE SUSTAINMENT..........................           394,800
    M1 ABRAMS TANK MOD................................            47,900
    ABRAMS UPGRADE PROGRAM............................           130,400
    STRYKER VEHICLE...................................           248,053
    MORTAR WEAPON SYSTEM..............................             1,521
                                                       -----------------
      TOTAL, PROCUREMENT OF WEAPONS AND TRACKED COMBAT           822,674
       VEHICLES, ARMY.................................
                                                       =================
PROCUREMENT OF AMMUNITION, ARMY: NON-LETHAL                       46,500
 AMMUNITION, ALL TYPES................................
                                                       -----------------
      TOTAL, PROCUREMENT OF AMMUNITION, ARMY..........            46,500
                                                       =================
OTHER PROCUREMENT, ARMY:
    HMMWV RECAP PROGRAM...............................           390,219
    HEMTT EXTENDED SERVICE PROGRAM....................            15,000
    SEMI TRAILER, FLATBED.............................            58,014
    SEMI TRAILER, TANKER..............................            26,941
    TACTICAL BRIDGING, FLOAT-RIBBON...................            14,000
    DRY SUPPORT BRIDGE................................            76,000
    FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)..........            90,000
    TACTICAL TRAILER/DOLLY SETS.......................            40,000
    TACTICAL RADIOS...................................             4,855
    GROUND STANDOFF MINE DETECTION SYSTEM.............             5,000
    MEDICAL COMMUNICATIONS FOR COMBAT CASUALTY CARE...            12,109
    NIGHT VISION DEVICES..............................            20,000
    NIGHT VISION THERMAL WEAPONS SIGHT................            20,000
    ALL TERRAIN LIFTING ARMY SYSTEM...................             5,000
    LOADERS...........................................            15,000
    TRACTORS..........................................            20,000
    GENERATORS AND ASSOCIATED EQUIPMENT...............            20,000
    DIGITAL TOPOGRAPHIC SUPPORT SYSTEM................             9,000
    TRUCK, TRACTOR, LINE HAUL, M915/M921..............           110,000
    PROPHET GROUND....................................             2,500
    TACTICAL UNMANNED AERIAL SYSTEMS..................             9,876
    MODIFICATION OF IN-SERVICE EQUIPMENT..............            15,000
    ROUGH TERRAIN CONTAINER HANDLER (RTCH)............            30,000
    CLASSIFIED PROGRAMS...............................               536
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, ARMY..................         1,009,050
                                                       =================
OTHER PROCUREMENT, NAVY:
    CONSTRUCTION AND MAINTENANCE EQUIPMENT............             3,142
    TACTICAL VEHICLES.................................             5,554
    ITEMS UNDER $5 MILLION............................             5,687
    PHYSICAL SECURITY EQUIPMENT.......................            13,565
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, NAVY..................            27,948
                                                       =================
PROCUREMENT, MARINE CORPS:
    LIGHT ARMORED VEHICLE (LAV)-PRODUCT IMPROVEMENT               30,000
     PROGRAM (PIP)....................................
    WEAPONS & COMBAT SYSTEMS UNDER $5M................             8,000
    MODULAR WEAPONS SYSTEM (Note: Includes FK4                   101,500
     Underbody Armor, M1114 Frag Kits, M1A1 IED
     Survivability Enhancements)......................
    UNIT OPERATIONS CENTER............................            16,000
    REPAIR AND TEST EQUIPMENT (Note: Includes Blue               105,175
     Force Tracking Support, Platform Devices, Spares
     and Vehicles)....................................
    RADAR SYSTEMS.....................................             8,000
    INTELLIGENCE SUPPORT EQUIPMENT....................            21,500
    COMMON COMPUTER RESOURCES.........................             5,000
    5/4T TRUCK HMMWV (RESET)..........................            25,000
    EOD SYSTEMS (Note: Including CREW Upgrades).......           211,750
    PHYSICAL SECURITY EQUIPMENT (Note: Includes                    9,000
     Electronic Security Systems and G-BOSS)..........
    FIELD MEDICAL EQUIPMENT...........................             8,000
    COUNTER RC IED WARFARE............................             1,500
    FAMILY OF CONSTRUCTION EQUIPMENT..................            15,000
                                                       -----------------
      TOTAL, PROCUREMENT, MARINE CORPS................           565,425
                                                       =================
AIRCRAFT PROCUREMENT, AIR FORCE:
    LAIRCM (Note: Includes funds for EC130/C-17                   26,000
     LAIRCM)..........................................
    F-16 MODIFICATIONS (Note: Only for the National               34,200
     Guard $34,200,000 for F-16 Advanced
     Identification Friend/Foe (AIFF))................
    F-15 MODIFICATIONS (Note: $34,000,000 only for                34,000
     National Guard AESA Systems).....................
    MQ-9 REAPER (Note: Includes 5 UAVs)...............            87,642
    PREDATOR/REAPER GCS RETROFIT......................            20,000
                                                       -----------------
      TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE..........           201,842
                                                       =================
OTHER PROCUREMENT, AIR FORCE:
    HALVORSEN.........................................            13,500
    CLASSIFIED PROGRAMS...............................         1,487,144
                                                       -----------------
      TOTAL, OTHER PROCUREMENT, AIR FORCE.............         1,500,644
                                                       =================
PROCUREMENT, DEFENSE-WIDE:
    C-130 MODIFICATIONS (Note: Funds are provided for             17,000
     the Special Operations Command Gunship
     Multispectral Sensor 2 Readiness Spares).........
    SOF ORDNANCE REPLENISHMENT........................            43,640
    SOF OPERATIONAL ENHANCEMENT (Note: $20,750,000 is             33,750
     for Special Operations Command ISR Mission
     Equipment Package and $13,000,000 for Sensors for
     Additional Leased ISR Aircraft)..................
    SMALL ARMS AND WEAPONS (Note: For SOF Soldier                 16,250
     Protection and Survival System)..................
    CLASSIFIED PROGRAMS...............................            66,597
                                                       -----------------
    TOTAL, PROCUREMENT, DEFENSE-WIDE..................           177,237
------------------------------------------------------------------------

                       FORCE PROTECTION AND RESET

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

[[Page 9515]]




              SPECIAL OPERATIONS PSYCHOLOGICAL OPERATIONS

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
OPERATION AND MAINTENANCE.............................         1,100,000
    IN-HOUSE CARE.....................................           740,052
    CONSOLIDATED HEALTH CARE SUPPORT..................           220,147
    INFORMATION MANAGEMENT............................            78,219
    MANAGEMENT ACTIVITIES.............................             1,159
    EDUCATION AND TRAINING............................            51,157
    BASE OPERATIONS/COMMUNICATIONS....................             9,266
                                                       -----------------
      TOTAL, DEFENSE HEALTH PROGRAM...................         1,100,000
------------------------------------------------------------------------

            TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH

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


         DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

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


             JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

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

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Account                          recommendation
------------------------------------------------------------------------
ATTACK THE NETWORK....................................           725,000
DEFEAT THE DEVICE.....................................           950,000
TRAIN THE FORCE.......................................           250,000
STAFF AND INFRASTRUCTURE..............................            75,000
                                                       -----------------
      TOTAL, JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT          2,000,000
       FUND...........................................
------------------------------------------------------------------------

                    GENERAL PROVISIONS--THIS CHAPTER

       The recommended bill includes the following general 
     provisions for this chapter:
       Section 11201 establishes that the funds made available in 
     this chapter are not available until October 1, 2008.
       Section 11202 establishes the period of availability for 
     obligation for appropriations provided in this chapter.
       Section 11203 provides for special transfer authority up to 
     $4,000,000,000 of funds in this chapter.
       Section 11204 provides that the Secretary of Defense 
     continue to provide quarterly reports to Congress on a 
     comprehensive set of indicators and measures for progress 
     towards military and political stability in Iraq.
       Section 11205 provides that the Director of the Office of 
     Management and Budget, (in consultation with the Secretary of 
     Defense; the Commander, Multi-National Security Transition 
     Command-Iraq; and the Commander, Combined Security Transition 
     Command-Afghanistan), shall submit a report detailing, among 
     other assessments, the total cost of training and equipping 
     the Iraq and Afghanistan security forces.
       Section 11206 provides that funds available to the 
     Department of Defense for operation and maintenance may be 
     used to provide supplies, services and transportation to 
     coalition forces in Iraq and Afghanistan.
       Section 11207 provides that supervision and administrative 
     costs associated with a construction project funded through 
     operation and maintenance, Afghanistan Security Forces Fund, 
     or Iraq Security Forces Fund may be obligated at the time a 
     construction contract is awarded.
       Section 11208 provides $1,700,000,000 in emergency funding 
     for the Mine Resistant Ambush Protected Vehicle Fund.
       Section 11209 defines the Congressional Defense Committees 
     as being the Armed Services Committees and the Subcommittees 
     on Defense of the Committees on Appropriations of the House 
     and the Senate.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

                    DEPARTMENT OF DEFENSE--MILITARY

                             Recommendation

       In title XI, chapter 3, the following is recommended.


                             RECONSTRUCTION

       The United States and the Government of Iraq are increasing 
     their reliance on U.S. funds for reconstruction efforts in 
     Iraq, and the Department of Defense is financing a large 
     number of long-term and costly projects. Many of these 
     efforts are urgently needed, but the Government of Iraq 
     should bear the majority of these costs. Therefore, the 
     Secretary of Defense is directed to immediately begin to 
     develop the processes and procedures necessary to institute 
     an equal cost sharing between the United States and Iraq for 
     all reconstruction projects funded in this title greater than 
     $750,000. Implementation of this new cost sharing arrangement 
     shall begin no later than October 1, 2008. This is the 
     necessary first step in decreasing the Government of Iraq's 
     heavy reliance on U.S. funding for reconstruction efforts.

                    GENERAL PROVISIONS--THIS CHAPTER

       The recommended bill includes the following general 
     provisions for this chapter:
       Section 11301 provides that the amounts recommended under 
     this title are designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to subsections (a) 
     and (b) of section 204 of S. Con. Res. 21 (110th Congress), 
     the concurrent resolution on the budget for fiscal year 2008.
       Section 11302 provides for the obligation and expenditure 
     of funds related to activities pursuant to section 504(a)(1) 
     of the National Security Act of 1947.
       Section 11303 prohibits the use of funds to contravene laws 
     or regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment.
       Section 11304 requires a report on the United States global 
     strategy to combat and defeat al Qaeda and its affiliates.
       Section 11305 provides that none of the funds appropriated 
     in this chapter may be obligated and expended to finance 
     programs or activities denied by Congress in fiscal year 2007 
     or 2008 appropriations for the Department of Defense or to 
     initiate a new start without prior approval.
       Section 11306 provides for an increase in the amount 
     authorized for the United States contribution to NATO to 
     $435,259,000.
       Section 11307 prohibits award fees to any defense 
     contractor in contravention to provisions of section 814 of 
     the National Defense Authorization Act, 2007.
       Section 11308 provides that: (a) of the funds made 
     available for ``Defense Health Program'' in Public Law 110-
     28, $75,000,000 are rescinded and, (b) of the funds made 
     available for ``Joint Improvised Explosive Device Defeat 
     Fund'' in division L of the Consolidated Appropriations Act, 
     2008 (Public Law 110-161), $71,531,000 are rescinded.
       Section 11309 provides that of the funding provided in the 
     Readiness, Veterans' Care, Katrina Recovery and Iraq 
     Accountability Appropriations Act, 2007 that remains 
     available for obligation under the Iraq Freedom Fund 2007/
     2008, $150,000,000 is only for the Joint Rapid Acquisition 
     Cell program and $10,000,000 is only for the transportation 
     of fallen service members.
       Section 11310 restricts funds available to the Department 
     of Defense on joint basing initiatives until each affected 
     Secretary of a military department or the head of each 
     affected Federal agency certifies to the congressional 
     defense committees that joint basing at the affected military 
     installation will result in significant costs savings and 
     will not negatively impact the morale of members of the Armed 
     Forces.
       Section 11311 allows Combatant Commanders to use funds 
     available in this title in operation and maintenance to 
     purchase an investment item of not more than $500,000 to meet 
     operational requirements.
       Section 11312 includes a provision addressing a returning 
     worker exemption.

                              AMENDMENT #3

                               TITLE XII

                  POLICY REGARDING OPERATIONS IN IRAQ

       The Committee recommendation includes policy provisions 
     related to Operation Iraqi Freedom.

                               TITLE XIII

             MILITARY EXTRATERRITORIAL JURISDICTION MATTERS

       The Committee recommendation includes provisions relating 
     to the MEJA Expansion and Enforcement Act of 2008.

    DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS

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

[[Page 9516]]



                                                                                            EARMARKS
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                Account                                                            Project                                                  Funding                       Member
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                                                                SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
 
Department of Commerce: Economic        In the aftermath of Hurricane Katrina, relocation of Port of New Orleans public facilities to       $75,000,000  Senator Landrieu
 Devel. Asst. Programs.                  Mississippi River, New Orleans, LA.
Department of Justice: Byrne..........  Rebuilding capacity and to fight rising crimes in the aftermath of Hurricane Katrina in             $12,500,000  Senator Shelby
                                         Alabama.
Department of Justice: Byrne..........  Rebuilding capacity and to fight rising crimes in the aftermath of Hurricane Katrina in             $50,000,000  Senator Landrieu
                                         Louisiana.
Department of Justice: Byrne..........  Rebuilding capacity and to fight rising crimes in the aftermath of Hurricane Katrina in             $12,500,000  Senator Cochran
                                         Mississippi.
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                                                                          SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT
 
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Lake Ponchartrain and Vicinity, LA....................    $1,657,000,000  The President, Senator Landrieu,
                                                                                                                                                          Senator Vitter
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, West Bank and Vicinity, LA............................    $1,415,000,000  The President, Senator Landrieu,
                                                                                                                                                          Senator Vitter
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Southeast Louisiana, LA...............................    $1,290,000,000  The President, Senator Landrieu,
                                                                                                                                                          Senator Vitter
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Turkey Creek; Bayou Cumbest; Dantzler; Admiral Island;      $173,615,000  Senator Cochran, Senator Wicker
                                         Franklin Creek; and Deer Island Environmental Restoration Projects, Mississippi.
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Moss Point, Mississippi, Municipal Relocation Project.        $4,550,000  Senator Cochran, Senator Wicker
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Waveland, MS, Floodproofing project...................        $5,000,000  Senator Cochran, Senator Wicker
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Mississippi Sound, Sub Aquatic Vegetation Project.....          $150,000  Senator Cochran, Senator Wicker
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Mississippi Coast-wide Dune Restoration Project.......       $15,430,000  Senator Cochran, Senator Wicker
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Mississippi Homeowners Assistance Relocation Project..      $397,000,000  Senator Cochran, Senator Wicker
Corps of Engineers--Construction......  In the aftermath of Hurricane Katrina, Forrest Heights, Mississippi, Hurricane and Storm             $9,000,000  Senator Cochran, Senator Wicker
                                         Damage Reduction Project.
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, 17th Street, Orleans, and London Avenue Canal pumps         $704,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    and closures, LA.                                                                                                Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, Stormproofing interior pump stations, LA..............       $90,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                                                                                                                                     Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, Levee and critical element armoring, LA...............      $459,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                                                                                                                                     Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, Navigable closure at the Inner Harbor Navigation             $53,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    Canal, LA.                                                                                                       Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, Incorporation of Plaquemines Parish, Louisiana, Non-        $456,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    Federal levee.                                                                                                   Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, reinforcing or Replacing Floodwalls in the existing         $412,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    Lake Ponchartrain and Vicinity, and West Bank and Vicinity Projects in New Orleans, LA.                          Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, repair and restoration of authorized protections and        $393,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    floodwalls in New Orleans, LA.                                                                                   Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, complete authorized Lake Ponchartrain and Vicinity and      $359,000,000  The President, Senator Landrieu,
 Coastal Emergencies.                    West Bank and Vicinity projects in New Orleans, LA.                                                              Senator Vitter
Corps of Engineers--Flood Control and   In the aftermath of Hurricane Katrina, Barrier Island Restoration, MS........................      $348,000,000  Senator Cochran, Senator Wicker
 Coastal Emergencies.
Department of Energy..................  Extend a certain cooperative agreement to carry out the FutureGen program....................                $0  Senator Durbin, Senator Bond
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                                                                         SUBCOMMITTEE ON DEPARTMENT OF HOMELAND SECURITY
 
Federal Emergency Management Agency...  Gulf Coast Rebuilding assistance for police stations, fire stations, and criminal justice      ................  Senator Landrieu
                                         facilities.
Federal Emergency Management Agency...  Flood map authority for the St. Louis District of the Mississippi Valley Division of the       ................  Senator Durbin
                                         Corps of Engineers.
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                                                                    SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT
 
Small Business Administration:          Extension of 8(a) program for participants affected by Hurricane Katrina.....................  ................  Senator Landrieu
 Salaries and expenses.
Small Business Administration,          Veterans Business Resource Centers...........................................................          $600,000  Senator Bond, Senator Kerry, Senator
 Salaries and Expenses.                                                                                                                                   Snowe, Senator Levin, Senator Stabenow
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                                                                          SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES
 
Department of the Interior: National    In the aftermath of Hurricane Katrina, rehabilatation and restoration of historic Jackson           $15,000,000  Senator Landrieu
 Park Service, Historic Preservation     Barracks.
 Fund.
Environmental Protection Agency, State  In the aftermath of Hurricane Katrina, wastewater and storm water infrastructure grant.......        $5,000,000  Senator Landrieu
 and Tribal Assistance Grants.
Department of the Interior: National    Clarification of prior year acquisition, for barrier island disaster mitigation..............                $0  Senator Cochran
 Park Service: Land and Water
 Conservation Fund.
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                                                      SUBCOMMITTEE ON LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
 
Department of Health and Human          Provider stabilization grants for Medicare participating general acute hospitals in Jackson,       $350,000,000  Senator Cochran, Senator Landrieu
 Services: Centers for Medicare and      Forrest, Hancock, and Harrison Counties of Mississippi and Orleans and Jefferson Parishes of
 Medicaid Services.                      Louisiana.
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                                                        SUBCOMMITTEE ON MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES
 
Army..................................  Child Development Center, Fort Wainwright, AK................................................       $17,000,000  The Administration
Army..................................  Child Development Center, Fort Irwin, CA.....................................................       $11,800,000  The Administration
Army..................................  Soldier Family Assistance Center, Fort Carson, CO............................................        $8,100,000  The President
Army..................................  Child Development Center, Fort Carson, CO....................................................        $8,400,000  The Administration
Army..................................  Child Development Center, Fort Gordon, GA....................................................        $7,800,000  The Administration
Army..................................  Soldier Family Assistance Center, Fort Stewart, GA...........................................        $6,000,000  The President
Army..................................  Child Development Center, Schofield Barracks, HI.............................................       $12,500,000  The Administration
Army..................................  Transitioning Warrior Support Complex, Fort Riley, KS........................................       $50,000,000  The President
Army..................................  Soldier Family Assistance Center, Fort Campbell, KY..........................................        $7,400,000  The President
Army..................................  Child Development Center, Fort Campbell, KY..................................................        $9,900,000  The Administration
Army..................................  Child Development Center, Fort Knox KY.......................................................        $7,400,000  The Administration
Army..................................  Soldier Family Assistance Center, Fort Polk, LA..............................................        $4,900,000  The President
Army..................................  Warrior in Transition Facilities, Fort Drum, NY..............................................       $38,000,000  The President
Army..................................  Child Development Center, Fort Bragg, NC.....................................................        $8,500,000  The Administration
Army..................................  Child Development Center, Fort Sill, OK......................................................        $9,000,000  The Administration
Army..................................  Child Development Center, Fort Bliss, TX.....................................................        $5,700,000  The Administration
Army..................................  Child Development Center, Fort Bliss, TX.....................................................        $5,900,000  The Administration
Army..................................  Child Development Center, Fort Bliss, TX.....................................................        $5,700,000  The Administration
Army..................................  Warrior In Transition Unit Operations Facilities, Fort Hood, TX..............................        $9,100,000  The President
Army..................................  Child Development Center, Fort Hood, TX......................................................        $7,200,000  The Administration
Army..................................  Child Development Center, Fort Sam Houston, TX...............................................        $7,000,000  The Administration
Army..................................  Child Development Center, Fort Lee, VA.......................................................        $7,400,000  The Administration
Army..................................  New Roads, Bagram, Afghanistan...............................................................       $27,000,000  The President
Army..................................  Ammunition Supply Point, Bagram, Afghanistan.................................................       $62,000,000  The President
Army..................................  Power Plant, Bagram, Afghanistan.............................................................       $41,000,000  The President
Army..................................  Bulk Fuel Storage & Supply, Phase 3, Bagram, Afghanistan.....................................       $23,000,000  The President
Army..................................  Bulk Fuel Storage & Supply, Phase 4, Bagram, Afghanistan.....................................       $21,000,000  The President
Army..................................  CIED Road--Rte Alaska, Bagram, Afghanistan...................................................       $16,500,000  The President
Army..................................  Aircraft Maintenance Hangar, Bagram, Afghanistan.............................................        $5,100,000  The President
Army..................................  Rotary Wing Parking, Ghazni, Afghanistan.....................................................        $5,000,000  The President
Army..................................  Consolidated Compound, Kabul, Afghanistan....................................................       $36,000,000  The President
Army..................................  CIED Road--Rte Connecticut, Afghanistan......................................................       $54,000,000  The President
Army..................................  Petro Oil & Lubricant Storage, Camp Adder, Iraq..............................................       $10,000,000  The President
Army..................................  Waste Water Treatment & Collection, Camp Adder, Iraq.........................................        $9,800,000  The President
Army..................................  Convoy Support Center Relocation, Phase 2, Camp Adder, Iraq..................................       $39,000,000  The President
Army..................................  Corps Support Center Phase 3, Camp Adder, Iraq...............................................       $13,200,000  The Administration

[[Page 9517]]

 
Army..................................  Landfill Construction, Al Asad, Iraq.........................................................        $3,100,000  The President
Army..................................  Urban Bypass Road, Al Asad, Iraq.............................................................       $43,000,000  The President
Army..................................  Hot Cargo Ramp, Al Asad, Iraq................................................................       $18,500,000  The President
Army..................................  South Airfield Apron (India Ramp), Al Asad, Iraq.............................................       $28,000,000  The President
Army..................................  Landfill Construction, Camp Anaconda, Iraq...................................................        $6,200,000  The President
Army..................................  Hazardous Waste Incinerator, Camp Anaconda, Iraq.............................................        $4,300,000  The President
Army..................................  Juvenile TIFRIC, Camp Constitution, Iraq.....................................................       $11,700,000  The President
Army..................................  Brick Factory, Camp Cropper, Iraq............................................................        $9,500,000  The President
Army..................................  Landfill Construction, Fallujah, Iraq........................................................          $880,000  The President
Army..................................  Incinerators, Fallujah, Iraq.................................................................        $5,500,000  The Administration
Army..................................  Landfill Construction, Camp Marez, Iraq......................................................          $880,000  The President
Army..................................  Urban Bypass Road, Mosul, Iraq...............................................................       $43,000,000  The President
Army..................................  North Entry Control Point, Q-West, Iraq......................................................       $11,400,000  The President
Army..................................  Perimiter Security Upgrade, Q-West, Iraq.....................................................       $14,600,000  The President
Army..................................  Landfill Construction, Camp Ramadi, Iraq.....................................................          $880,000  The President
Army..................................  Incinerator, Camp Ramadi, Iraq...............................................................        $6,200,000  The Administration
Army..................................  Entry Control Point, Scania, Iraq............................................................        $5,000,000  The President
Army..................................  Water Storage Tanks, Scania, Iraq............................................................        $9,200,000  The President
Army..................................  Military Control Point, Camp Speicher, Iraq..................................................        $5,800,000  The President
Army..................................  Landfill Construction, Camp Speicher, Iraq...................................................        $5,900,000  The President
Army..................................  Aviation Navigation Facilities, Camp Speicher, Iraq..........................................       $13,400,000  The President
Army..................................  Landfill Construction, Camp Taqqadum, Iraq...................................................          $880,000  The President
Army..................................  Landfill Construction, Camp Victory, Iraq....................................................        $6,200,000  The President
Army..................................  Level 3 Hospital, Camp Victory, Iraq.........................................................       $13,400,000  The President
Army..................................  Waste Water Treatment & Collection, Camp Victory, Iraq.......................................        $9,800,000  The President
Army..................................  Water Supply, Treatment & Storage, Phase 3, Camp Victory, Iraq...............................       $13,000,000  The President
Army..................................  Water Treatment & Storage, Phase 2, Camp Victory, Iraq.......................................       $18,000,000  The President
Army..................................  Landfill Construction, Camp Warrior, Iraq....................................................          $880,000  The President
Army..................................  Overhead Cover--eGlass, Various Locations, Iraq..............................................       $30,000,000  The President
Army..................................  Overhead Cover--eGlass, Phase 4, Various Locations, Iraq.....................................      $105,000,000  The President
Army..................................  Communications Center, Camp Arifjan, Kuwait..................................................       $30,000,000  The President
Army..................................  Planning & Design, Various Locations, Worldwide..............................................       $78,800,000  The President
Navy..................................  JIEDDO Battle Courses, China Lake, CA........................................................        $7,210,000  The Administration
Navy..................................  Armory--5th Marine Regiment, Camp Pendleton, CA..............................................       $10,890,000  The President
Navy..................................  Bachelor Quarters & Armory, Camp Pendleton, CA...............................................       $34,970,000  The President
Navy..................................  Bachelor Quarters & Dining Facility, Camp Pendleton, CA......................................       $24,390,000  The President
Navy..................................  Company Headquarters--Military Police, Camp Pendleton, CA....................................        $8,240,000  The President
Navy..................................  Explosive Ordinance Detachment-Ops, Camp Pendleton, CA.......................................       $13,090,000  The President
Navy..................................  Intelligence Surveillance Reconnaissance, Camp Pendleton, CA.................................        $1,114,000  The President
Navy..................................  Armory--Regimental & Battalion HQ, Camp Pendleton, CA........................................        $5,160,000  The President
Navy..................................  Armory--Intelligence Battalion, Camp Pendleton, CA...........................................        $4,180,000  The President
Navy..................................  JIEDDO Battle Courses, Camp Pendleton, CA....................................................        $9,270,000  The Administration
Navy..................................  JIEDDO Battle Courses, Point Mugu, CA........................................................        $7,250,000  The Administration
Navy..................................  Child Development Center, San Diego, CA......................................................       $12,299,000  The Administration
Navy..................................  Regimental Headquarters Addition, Twentynine Palms, CA.......................................        $4,440,000  The President
Navy..................................  JIEDDO Battle Courses, Twentynine Palms, CA..................................................       $11,250,000  The Administration
Navy..................................  JIEDDO Battle Course Additions, Eglin AFB, FL................................................          $780,000  The Administration
Navy..................................  JIEDDO Battle Courses, Gulfport, MS..........................................................        $6,570,000  The Administration
Navy..................................  Maintenance/Operations Complex, Camp LeJeune, NC.............................................       $43,340,000  The President
Navy..................................  JIEDDO Battle Courses, Camp LeJeune, NC......................................................       $11,980,000  The Administration
Navy..................................  Child Development Center, Camp LeJeune, NC...................................................       $16,000,000  The Administration
Navy..................................  JIEDDO Battle Courses, Yorktown, VA..........................................................        $8,070,000  The Administration
Navy..................................  Network Infrastructure Expansion, Camp Lemonier, Djibouti....................................        $6,270,000  The President
Navy..................................  Water Production, Camp Lemonier, Djibouti....................................................       $19,140,000  The President
Navy..................................  Full Length Taxiway, Camp Lemonier, Djibouti.................................................       $15,490,000  The Administration
Navy..................................  Fuel Farm, Camp Lemonier, Djibouti...........................................................        $4,000,000  The Administration
Navy..................................  Western Taxiway, Camp Lemonier, Djibouti.....................................................        $2,900,000  The Administration
Navy..................................  Planning & Design, Various Locations, Worldwide..............................................       $11,791,000  The President
Air Force.............................  Child Development Center, Beale AFB, CA......................................................       $17,600,000  The Administration
Air Force.............................  Child Development Center, Eglin AFB, FL......................................................       $11,000,000  The Administration
Air Force.............................  JIEDDO Training Facility, McGuire AFB, NJ....................................................        $6,200,000  The Administration
Air Force.............................  Child Development Center, Cannon AFB, NM.....................................................        $8,000,000  The Administration
Air Force.............................  Strategic Ramp, Bagram, Afghanistan..........................................................       $43,000,000  The President
Air Force.............................  Parallel Taxiway, Phase 2, Bagram, Afghanistan...............................................       $21,400,000  The President
Air Force.............................  East Side Helo Ramp, Bagram, Afghanistan.....................................................       $44,400,000  The President
Air Force.............................  ISR Ramp, Kandahar, Afghanistan..............................................................       $26,300,000  The President
Air Force.............................  Helicopter Maintenance Facilities, Balad AB, Iraq............................................       $34,600,000  The President
Air Force.............................  Foxtrot Taxiway, Balad AB, Iraq..............................................................       $12,700,000  The President
Air Force.............................  Fighter Ramp, Balad AB, Iraq.................................................................       $11,000,000  The President
Air Force.............................  Strategic Ramp, Manas AB, Kyrgyzstan.........................................................       $30,300,000  The President
Air Force.............................  Close Air Support Parking Apron, Al Udeid, Qatar.............................................       $60,400,000  The Administration
Air Force.............................  Planning & Design, Various Locations, Worldwide..............................................       $35,000,000  The President
Defense-Wide..........................  Special Operations Forces Warehouse, Al Udeid, Qatar.........................................        $6,600,000  The President
Defense-Wide..........................  Burn Rehab Unit, Fort Sam Houston, TX........................................................       $21,000,000  The President
Family Housing, Navy & Marine Corps...  Family Housing Improvements, Camp Pendleton, CA..............................................       $10,692,000  The President
Family Housing, Navy & Marine Corps...  Family Housing Improvements, Twentynine Palms, CA............................................        $1,074,000  The President
BRAC 2005.............................  Walter Reed National Military Medical Center, MD.............................................      $415,910,000  The President
Army National Guard-..................  In the aftermath of Hurricane Katrina, Barracks Repair, Camp Shelby, MS......................            11,503  Senator Cochran
Family Housing Improvement Fund.......  In the aftermath of Hurricane Katrina, Family Housing Privatization, Gulfport, MS............            10,500  Senator Cochran
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                                                    SUBCOMMITTEE ON TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
 
Department of Housing and Urban         Permanent Supportive Housing vouchers for the State of Louisiana for elderly, disabled and          $76,000,000  Senator Landrieu
 Development: Permanent Supportive       other at-risk homeless individuals directly impacted by Hurricane Katrina.
 Housing.
Department of Housing and Urban         Funding for the State of Louisiana for case management in housing transition services for            $3,000,000  Senator Landrieu
 Development: Housing Transition         families in areas impacted by Hurricanes Katrina and Rita of 2005.
 Assistance.
Department of Housing and Urban         Project-based vouchers for the State of Mississippi to assist low-income and homeless               $20,000,000  Senator Cochran
 Development: Project-based Rental       individuals directly impacted by Hurricane Katrina.
 Assistance.
Department of Housing and Urban         Funding for uncompensated housing damage directly related to the consequences of Hurricane          $50,000,000  Senator Shelby
 Development: Community Development      Katrina in the State of Alabama.
 Fund.
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  COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE 
                                 SENATE

       Paragraph 7 of rule XVI requires that Committee reports 
     accompanying general appropriations bills identify each 
     recommended amendment which proposes an item of appropriation 
     which is not made to carry out the provisions of an existing 
     law, a treaty stipulation, or an act or resolution previously 
     passed by the Senate during that session.
       The Committee is filing an original bill, which is not 
     covered under this rule, but reports this information in the 
     spirit of full disclosure.
       The Committee recommends funding for the following programs 
     which currently lack authorization for fiscal year 2008:
       American Battle Monuments Commission
       Department of Commerce:
       Economic Development Administration
       National Oceanic and Atmospheric Administration
       Department of Defense--Military:
       Fiscal year 2008:
       National Guard Personnel, Air Force
       National Guard and Reserve Equipment
       Defense Cooperation Account (GP)
       Fiscal year 2009:
       Military Personnel, Army

[[Page 9518]]

       Military Personnel, Navy
       Military Personnel, Marine Corps
       Military Personnel, Air Force
       National Guard Personnel, Army
       Operation and Maintenance, Army
       Operation and Maintenance, Navy
       Operation and Maintenance, Marine Corps
       Operation and Maintenance, Air Force
       Operation and Maintenance, Defense-wide
       Operation and Maintenance, Army Reserve
       Operation and Maintenance, Navy Reserve
       Operation and Maintenance, Marine Corps Reserve Operation 
     and Maintenance, Air Force Reserve Operation and Maintenance, 
     Army National Guard Operation and Maintenance, Air National 
     Guard Afghanistan Security Forces Fund Iraq Security Forces 
     Fund
       Aircraft Procurement, Army
       Procurement of WTCV, Army
       Procurement of Ammunition, Army
       Other Procurement, Army
       Other Procurement, Navy
       Procurement, Marine Corps
       Aircraft Procurement, Air Force
       Other Procurement, Air Force
       Procurement, Defense-wide
       Research, Development, Test and Evaluation, Navy Research, 
     Development, Test and Evaluation, Air Force Research, 
     Development, Test and Evaluation, Defense-wide
       Defense Health Program
       Drug Interdiction and Counter-Drug Activities Joint 
     Improvised Explosive Device Defeat Fund
       Mine Resistant Ambush Protected Vehicle Fund (GP)
       Department of Defense--Military Construction:
       Military Construction, Army
       Military Construction, Navy and Marine Corps
       Military Construction, Air Force
       Military Construction, Defense-Wide
       Military Construction, Army National Guard
       Family Housing Construction, Navy and Marine Corps
       Base Realignment and Closure Account, 2005
       Department of Justice:
       Byrne Justice Assistance Grant Program [JAG]
       Byrne Discretionary Grants
       Department of the Army: Corps of Engineers:
       Construction and Flood Control and Coastal Emergencies
       Department of the Interior:
       Secure Rural Schools
       Department of Veterans Affairs:
       Departmental Administration, General Operating Expenses
       Departmental Administration, Information Technology Systems
       Departmental Administration, Construction, Major Projects
       Foreign Currency Fluctuations Account

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

       Paragraph 12 of the rule XXVI requires that Committee 
     reports on a bill or joint resolution repealing or amending 
     any statute or part of any statute include ``(a) the text of 
     the statute or part thereof which is proposed to be repealed; 
     and (b) a comparative print of that part of the bill or joint 
     resolution making the amendment and of the statute or part 
     thereof proposed to be amended, showing by stricken-through 
     type and italics, parallel columns, or other appropriate 
     typographical devices the omissions and insertions which 
     would be made by the bill or joint resolution if enacted in 
     the form recommended by the Committee.''
       In compliance with this rule, the following changes in 
     existing law proposed to be made by this bill are shown as 
     follows: existing law to be omitted is enclosed in black 
     brackets; new matter is printed in italic; and existing law 
     in which no change is proposed is shown in roman.

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

                           *   *   *   *   *


PART III--EMPLOYEES

                           *   *   *   *   *



Subpart D--Pay and Allowances

                           *   *   *   *   *


          CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

   SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

     Sec. 5710. Authority for travel expenses test programs

       (a)(1) Notwithstanding any other provision of this 
     subchapter, under a test program which the Administrator of 
     General Services determines to be in the interest of the 
     Government and approves, an agency may pay through the proper 
     disbursing official [for a period not to exceed 24 months] 
     any necessary travel expenses in lieu of any payment 
     otherwise authorized or required under this subchapter. An 
     agency shall include in any request to the Administrator for 
     approval of such a test program an analysis of the expected 
     costs and benefits and a set of criteria for evaluating the 
     effectiveness of the program.

                           *   *   *   *   *

       (e) The authority to conduct test programs under this 
     section shall expire [7 years] 16 years after the date of the 
     enactment of the Travel and Transportation Reform Act of 
     1998.

                           *   *   *   *   *


TITLE 8--ALIENS AND NATIONALITY

                           *   *   *   *   *


                CHAPTER 12--IMMIGRATION AND NATIONALITY

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
                       *    *    *    *    ** * * * *

Sec. 218. H-2A employer applications.
Sec. 218A. H-2A worker employment requirements.
Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
Sec. 218C. Worker protections and labor standards enforcement.
Sec. 218D. Definitions.

                           *   *   *   *   *


     Sec. 1101. Definitions

       (a) * * *
       (1) * * *

                           *   *   *   *   *

       (13)(A) * * *

                           *   *   *   *   *

       (C) * * *
       (i) * * *
       (ii) has been absent from the United States for a 
     continuous period in excess of 180 days, except in the case 
     of an eligible alien, or the spouse or child of such alien, 
     who is authorized to be absent from the United States under 
     section 317A,

                           *   *   *   *   *


                       SUBCHAPTER II--IMMIGRATION

                        PART I--SELECTION SYSTEM

     Sec. 1151. Worldwide level of immigration

                           *   *   *   *   *


     [SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

       [(a) Conditions for Approval of H-2A Petitions.--
       [(1) A petition to import an alien as an H-2A worker (as 
     defined in subsection (i)(2)) may not be approved by the 
     Attorney General unless the petitioner has applied to the 
     Secretary of Labor for a certification that--
       [(A) there are not sufficient workers who are able, 
     willing, and qualified, and who will be available at the time 
     and place needed, to perform the labor or services involved 
     in the petition, and
       [(B) the employment of the alien in such labor or services 
     will not adversely affect the wages and working conditions of 
     workers in the United States similarly employed.
       [(2) The Secretary of Labor may require by regulation, as a 
     condition of issuing the certification, the payment of a fee 
     to recover the reasonable costs of processing applications 
     for certification.
       [(b) Conditions for Denial of Labor Certification.--The 
     Secretary of Labor may not issue a certification under 
     subsection (a) with respect to an employer if the conditions 
     described in that subsection are not met or if any of the 
     following conditions are met:
       [(1) There is a strike or lockout in the course of a labor 
     dispute which, under the regulations, precludes such 
     certification.
       [(2)(A) The employer during the previous two-year period 
     employed H-2A workers and the Secretary of Labor has 
     determined, after notice and opportunity for a hearing, that 
     the employer at any time during that period substantially 
     violated a material term or condition of the labor 
     certification with respect to the employment of domestic or 
     nonimmigrant workers.
       [(B) No employer may be denied certification under 
     subparagraph (A) for more than three years for any violation 
     described in such subparagraph.
       [(3) The employer has not provided the Secretary with 
     satisfactory assurances that if the employment for which the 
     certification is sought is not covered by State workers' 
     compensation law, the employer will provide, at no cost to 
     the worker, insurance covering injury and disease arising out 
     of and in the course of the worker's employment which will 
     provide benefits at least equal to those provided under the 
     State workers' compensation law for comparable employment.
       [(4) The Secretary determines that the employer has not 
     made positive recruitment efforts within a multi-state region 
     of traditional or expected labor supply where the Secretary 
     finds that there are a significant number of qualified United 
     States workers who, if recruited, would be willing to make 
     themselves available for work at the time and place needed. 
     Positive recruitment under this paragraph is in addition to, 
     and shall be conducted within the same time period as, the 
     circulation through the interstate employment service system 
     of the employer's job offer. The obligation to engage in 
     positive recruitment under this paragraph shall terminate on 
     the date the H-2A workers depart for the employer's place of 
     employment.
       [(c) Special Rules for Consideration of Applications.--The 
     following rules shall apply in the case of the filing and 
     consideration of an application for a labor certification 
     under this section:

[[Page 9519]]

       [(1) Deadline for filing applications.--The Secretary of 
     Labor may not require that the application be filed more than 
     45 days before the first date the employer requires the labor 
     or services of the H-2A worker.
       [(2) Notice within seven days of deficiencies.--
       [(A) The employer shall be notified in writing within seven 
     days of the date of filing if the application does not meet 
     the standards (other than that described in subsection 
     (a)(1)(A)) for approval.
       [(B) If the application does not meet such standards, the 
     notice shall include the reasons therefor and the Secretary 
     shall provide an opportunity for the prompt resubmission of a 
     modified application.
       [(3) Issuance of certification.--
       [(A) The Secretary of Labor shall make, not later than 30 
     days before the date such labor or services are first 
     required to be performed, the certification described in 
     subsection (a)(1) if--
       [(i) the employer has complied with the criteria for 
     certification (including criteria for the recruitment of 
     eligible individuals as prescribed by the Secretary), and
       [(ii) the employer does not actually have, or has not been 
     provided with referrals of, qualified eligible individuals 
     who have indicated their availability to perform such labor 
     or services on the terms and conditions of a job offer which 
     meets the requirements of the Secretary. In considering the 
     question of whether a specific qualification is appropriate 
     in a job offer, the Secretary shall apply the normal and 
     accepted qualifications required by non-H-2A-employers in the 
     same or comparable occupations and crops.
       [(B)(i) For a period of 3 years subsequent to the effective 
     date of this section, labor certifications shall remain 
     effective only if, from the time the foreign worker departs 
     for the employer's place of employment, the employer will 
     provide employment to any qualified United States worker who 
     applies to the employer until 50 percent of the period of the 
     work contract, under which the foreign worker who is in the 
     job was hired, has elapsed. In addition, the employer will 
     offer to provide benefits, wages and working conditions 
     required pursuant to this section and regulations.
       [(ii) The requirement of clause (i) shall not apply to any 
     employer who--
       [(I) did not, during any calendar quarter during the 
     preceding calendar year, use more than 500 man-days of 
     agricultural labor, as defined in section 3(u) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203 (u)),
       [(II) is not a member of an association which has 
     petitioned for certification under this section for its 
     members, and
       [(III) has not otherwise associated with other employers 
     who are petitioning for temporary foreign workers under this 
     section.
       [(iii) Six months before the end of the 3-year period 
     described in clause (i), the Secretary of Labor shall 
     consider the findings of the report mandated by section 
     403(a)(4)(D) of the Immigration Reform and Control Act of 
     1986 as well as other relevant materials, including evidence 
     of benefits to United States workers and costs to employers, 
     addressing the advisability of continuing a policy which 
     requires an employer, as a condition for certification under 
     this section, to continue to accept qualified, eligible 
     United States workers for employment after the date the H-2A 
     workers depart for work with the employer. The Secretary's 
     review of such findings and materials shall lead to the 
     issuance of findings in furtherance of the Congressional 
     policy that aliens not be admitted under this section unless 
     there are not sufficient workers in the United States who are 
     able, willing, and qualified to perform the labor or service 
     needed and that the employment of the aliens in such labor or 
     services will not adversely affect the wages and working 
     conditions of workers in the United States similarly 
     employed. In the absence of the enactment of Federal 
     legislation prior to three months before the end of the 3-
     year period described in clause (i) which addresses the 
     subject matter of this subparagraph, the Secretary shall 
     immediately publish the findings required by this clause, and 
     shall promulgate, on an interim or final basis, regulations 
     based on his findings which shall be effective no later than 
     three years from the effective date of this section.
       [(iv) In complying with clause (i) of this subparagraph, an 
     association shall be allowed to refer or transfer workers 
     among its members: Provided, That for purposes of this 
     section an association acting as an agent for its members 
     shall not be considered a joint employer merely because of 
     such referral or transfer.
       [(v) United States workers referred or transferred pursuant 
     to clause (iv) of this subparagraph shall not be treated 
     disparately.
       [(vi) An employer shall not be liable for payments under 
     section 655.202(b)(6) of title 20, Code of Federal 
     Regulations (or any successor regulation) with respect to an 
     H-2A worker who is displaced due to compliance with the 
     requirement of this subparagraph, if the Secretary of Labor 
     certifies that the H-2A worker was displaced because of the 
     employer's compliance with clause (i) of this subparagraph.
       [(vii)(I) No person or entity shall willfully and knowingly 
     withhold domestic workers prior to the arrival of H-2A 
     workers in order to force the hiring of domestic workers 
     under clause (i).
       [(II) Upon the receipt of a complaint by an employer that a 
     violation of subclause (I) has occurred the Secretary shall 
     immediately investigate. He shall within 36 hours of the 
     receipt of the complaint issue findings concerning the 
     alleged violation. Where the Secretary finds that a violation 
     has occurred, he shall immediately suspend the application of 
     clause (i) of this subparagraph with respect to that 
     certification for that date of need.
       [(4) Housing.--Employers shall furnish housing in 
     accordance with regulations. The employer shall be permitted 
     at the employer's option to provide housing meeting 
     applicable Federal standards for temporary labor camps or to 
     secure housing which meets the local standards for rental 
     and/or public accommodations or other substantially similar 
     class of habitation: Provided, That in the absence of 
     applicable local standards, State standards for rental and/or 
     public accommodations or other substantially similar class of 
     habitation shall be met: Provided further, That in the 
     absence of applicable local or State standards, Federal 
     temporary labor camp standards shall apply: Provided further, 
     That the Secretary of Labor shall issue regulations which 
     address the specific requirements of housing for employees 
     principally engaged in the range production of livestock: 
     Provided further, That when it is the prevailing practice in 
     the area and occupation of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it: And Provided further, That 
     nothing in this paragraph shall require an employer to 
     provide or secure housing for workers who are not entitled to 
     it under the temporary labor certification regulations in 
     effect on June 1, 1986. The determination as to whether the 
     housing furnished by an employer for an H-2A worker meets the 
     requirements imposed by this paragraph must be made prior to 
     the date specified in paragraph (3)(A) by which the Secretary 
     of Labor is required to make a certification described in 
     subsection (a)(1) with respect to a petition for the 
     importation of such worker.
       [(d) Roles of Agricultural Associations.--
       [(1) Permitting filing by agricultural associations.--A 
     petition to import an alien as a temporary agricultural 
     worker, and an application for a labor certification with 
     respect to such a worker, may be filed by an association of 
     agricultural producers which use agricultural services.
       [(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of temporary 
     agricultural workers, the certifications granted under this 
     section to the association may be used for the certified job 
     opportunities of any of its producer members and such workers 
     may be transferred among its producer members to perform 
     agricultural services of a temporary or seasonal nature for 
     which the certifications were granted.
       [(3) Treatment of violations.--
       [(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that under subsection (b)(2) results in the 
     denial of certification with respect to the member, the 
     denial shall apply only to that member of the association 
     unless the Secretary determines that the association or other 
     member participated in, had knowledge of, or reason to know 
     of, the violation.
       [(B) Association's violation does not necessarily 
     disqualify members.--
       [(i) If an association representing agricultural producers 
     as a joint employer is determined to have committed an act 
     that under subsection (b)(2) results in the denial of 
     certification with respect to the association, the denial 
     shall apply only to the association and does not apply to any 
     individual producer member of the association unless the 
     Secretary determines that the member participated in, had 
     knowledge of, or reason to know of, the violation.
       [(ii) If an association of agricultural producers certified 
     as a sole employer is determined to have committed an act 
     that under subsection (b)(2) results in the denial of 
     certification with respect to the association, no individual 
     producer member of such association may be the beneficiary of 
     the services of temporary alien agricultural workers admitted 
     under this section in the commodity and occupation in which 
     such aliens were employed by the association which was denied 
     certification during the period such denial is in force, 
     unless such producer member employs such aliens in the 
     commodity and occupation in question directly or through an 
     association which is a joint employer of such workers with 
     the producer member.
       [(e) Expedited Administrative Appeals of Certain 
     Determinations.--
       [(1) Regulations shall provide for an expedited procedure 
     for the review of a denial of certification under subsection 
     (a)(1) or a revocation of such a certification or, at the 
     applicant's request, for a de novo administrative hearing 
     respecting the denial or revocation.
       [(2) The Secretary of Labor shall expeditiously, but in no 
     case later than 72 hours

[[Page 9520]]

     after the time a new determination is requested, make a new 
     determination on the request for certification in the case of 
     an H-2A worker if able, willing, and qualified eligible 
     individuals are not actually available at the time such labor 
     or services are required and a certification was denied in 
     whole or in part because of the availability of qualified 
     workers. If the employer asserts that any eligible individual 
     who has been referred is not able, willing, or qualified, the 
     burden of proof is on the employer to establish that the 
     individual referred is not able, willing, or qualified 
     because of employmentrelated reasons.
       [(f) Violators Disqualified for 5 Years.--An alien may not 
     be admitted to the United States as a temporary agricultural 
     worker if the alien was admitted to the United States as such 
     a worker within the previous five-year period and the alien 
     during that period violated a term or condition of such 
     previous admission.
       [(g) Authorizations of Appropriations.--
       [(1) There are authorized to be appropriated for each 
     fiscal year, beginning with fiscal year 1987, $10,000,000 for 
     the purposes--
       [(A) of recruiting domestic workers for temporary labor and 
     services which might otherwise be performed by nonimmigrants 
     described in section 101(a)(15)(H)(ii)(a), and
       [(B) of monitoring terms and conditions under which such 
     nonimmigrants (and domestic workers employed by the same 
     employers) are employed in the United States.
       [(2) The Secretary of Labor is authorized to take such 
     actions, including imposing appropriate penalties and seeking 
     appropriate injunctive relief and specific performance of 
     contractual obligations, as may be necessary to assure 
     employer compliance with terms and conditions of employment 
     under this section.
       [(3) There are authorized to be appropriated for each 
     fiscal year, beginning with fiscal year 1987, such sums as 
     may be necessary for the purpose of enabling the Secretary of 
     Labor to make determinations and certifications under this 
     section and under section 212(a)(5)(A)(i).
       [(4) There are authorized to be appropriated for each 
     fiscal year, beginning with fiscal year 1987, such sums as 
     may be necessary for the purposes of enabling the Secretary 
     of Agriculture to carry out the Secretary's duties and 
     responsibilities under this section.
       [(h) Miscellaneous Provisions.--
       [(1) The Attorney General shall provide for such 
     endorsement of entry and exit documents of nonimmigrants 
     described in section 101(a)(15)(H)(ii) as may be necessary to 
     carry out this section and to provide notice for purposes of 
     section 274A.
       [(2) The provisions of subsections (a) and (c) of section 
     214 and the provisions of this section preempt any State or 
     local law regulating admissibility of nonimmigrant workers.
       [(i) Definitions.--For purposes of this section:
       [(1) The term ``eligible individual'' means, with respect 
     to employment, an individual who is not an unauthorized alien 
     (as defined in section 274A(h)(3) with respect to that 
     employment.
       [(2) The term ``H-2A worker'' means a nonimmigrant 
     described in section 101(a)(15)(H)(ii)(a).]

     SEC. 218. H-2A EMPLOYER APPLICATIONS.

       (a) Applications to the Secretary of Labor.--
       (1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       (A) the assurances described in subsection (b);
       (B) a description of the nature and location of the work to 
     be performed;
       (C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       (D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       (2) Accompanied by job offer.--Each application filed under 
     paragraph (1) shall be accompanied by a copy of the job offer 
     describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       (b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       (1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       (A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       (B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       (C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       (D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       (E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       (F) Provision of insurance.--If the job opportunity is not 
     covered by the State workers' compensation law, the employer 
     will provide, at no cost to the worker, insurance covering 
     injury and disease arising out of, and in the course of, the 
     worker's employment which will provide benefits at least 
     equal to those provided under the State's workers' 
     compensation law for comparable employment.
       (2) Job opportunities not covered by collective bargaining 
     agreements.--With respect to a job opportunity that is not 
     covered under a collective bargaining agreement:
       (A) Strike or lockout.--The specific job opportunity for 
     which the employer has applied for an H-2A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       (B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       (C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     for an H-2A worker under subsection (a) and to all other 
     workers in the same occupation at the place of employment.
       (D) Nondisplacement of united states workers.--The employer 
     did not displace and will not displace a United States worker 
     employed by the employer during the period of employment and 
     for a period of 30 days preceding the period of employment in 
     the occupation at the place of employment for which the 
     employer has applied for an H-2A worker.
       (E) Requirements for placement of the nonimmigrant with 
     other employers.--The employer will not place the 
     nonimmigrant with another employer unless--
       (i) the nonimmigrant performs duties in whole or in part at 
     1 or more worksites owned, operated, or controlled by such 
     other employer;
       (ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       (iii) the employer has inquired of the other employer as to 
     whether, and has no actual knowledge or notice that, during 
     the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       (F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       (G) Provision of insurance.--If the job opportunity is not 
     covered by the State workers' compensation law, the employer 
     will provide, at no cost to the worker, insurance covering 
     injury and disease arising out of and in the course of the 
     worker's employment which will provide benefits at least 
     equal to those provided under the State's workers' 
     compensation law for comparable employment.
       (H) Employment of united states workers.--
       (i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       (I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       (II) Filing a job offer with the local office of the state 
     employment security agency.--Not later than 28 days before 
     the date on which the employer desires to employ an H-2A 
     worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on ``America's Job Bank'' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       (III) Advertising of job opportunities.--Not later than 14 
     days before the date on which the employer desires to employ 
     an H-2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall advertise the availability of 
     the job opportunities for which the employer is seeking 
     workers in a publication

[[Page 9521]]

     in the local labor market that is likely to be patronized by 
     potential farm workers.
       (IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       (ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       (iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the H-2A worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the H-2A worker who is in the 
     job was hired has elapsed, subject to the following 
     requirements:

       (I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       (II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       (III) Placement of united states workers.--Before referring 
     a United States worker to an employer during the period 
     described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       (iv) Statutory construction.--Nothing in this subparagraph 
     shall be construed to prohibit an employer from using such 
     legitimate selection criteria relevant to the type of job 
     that are normal or customary to the type of job involved so 
     long as such criteria are not applied in a discriminatory 
     manner.
       (c) Applications by Associations on Behalf of Employer 
     Members.--
       (1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A, 218B, and 
     218C.
       (2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       (d) Withdrawal of Applications.--
       (1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       (2) Limitation.--An application may not be withdrawn while 
     any alien provided status under section 101(a)(15)(H)(ii)(a) 
     pursuant to such application is employed by the employer.
       (3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       (e) Review and Approval of Applications.--
       (1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or 
     worksite, a copy of each such application (and such 
     accompanying documents as are necessary).
       (2) Responsibility of the secretary of labor.--
       (A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     subsection (a). Such list shall include the wage rate, number 
     of workers sought, period of intended employment, and date of 
     need. The Secretary of Labor shall make such list available 
     for examination in the District of Columbia.
       (B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.

      SEC. 218A. H-2A WORKER EMPLOYMENT REQUIREMENTS.

       (a) Preferential Treatment of Aliens Prohibited.--Employers 
     seeking to hire United States workers shall offer the United 
     States workers no less than the same benefits, wages, and 
     working conditions that the employer is offering, intends to 
     offer, or will provide to H-2A workers. Conversely, no job 
     offer may impose on United States workers any restrictions or 
     obligations which will not be imposed on the employer's H-2A 
     workers.
       (b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       (1) Requirement to provide housing or a housing 
     allowance.--
       (A) In general.--An employer applying under section 218(a) 
     for H-2A workers shall offer to provide housing at no cost to 
     all workers in job opportunities for which the employer has 
     applied under that section and to all other workers in the 
     same occupation at the place of employment, whose place of 
     residence is beyond normal commuting distance.
       (B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       (C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       (D) Workers engaged in the range production of livestock.--
     The Secretary of Labor shall issue regulations that address 
     the specific requirements for the provision of housing to 
     workers engaged in the range production of livestock.
       (E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       (F) Charges for housing.--
       (i) Charges for public housing.--If public housing provided 
     for migrant agricultural workers under the auspices of a 
     local, county, or State government is secured by an employer, 
     and use of the public housing unit normally requires charges 
     from migrant workers, such charges shall be paid by the 
     employer directly to the appropriate individual or entity 
     affiliated with the housing's management.
       (ii) Deposit charges.--Charges in the form of deposits for 
     bedding or other similar incidentals related to housing shall 
     not be levied upon workers by employers who provide housing 
     for their workers. An employer may require a worker found to 
     have been responsible for damage to such housing which is not 
     the result of normal wear and tear related to habitation to 
     reimburse the employer for the reasonable cost of repair of 
     such damage.
       (G) Housing allowance as alternative.--
       (i) In general.--If the requirement set out in clause (ii) 
     is satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       (ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers 
     and H-2A workers who are seeking temporary housing while 
     employed in agricultural work. Such certification shall 
     expire after 3 years unless renewed by the Governor of the 
     State.
       (iii) Amount of allowance.--

       (I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing

[[Page 9522]]

     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       (II) Metropolitan counties.--If the place of employment of 
     the workers provided an allowance under this paragraph is in 
     a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       (2) Reimbursement of transportation.--
       (A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       (B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       (C) Limitation.--
       (i) Amount of reimbursement.--Except as provided in clause 
     (ii), the amount of reimbursement provided under subparagraph 
     (A) or (B) to a worker or alien shall not exceed the lesser 
     of--

       (I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       (II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       (ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       (D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       (E) Transportation between living quarters and worksite.--
     The employer shall provide transportation between the 
     worker's living quarters and the employer's worksite without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       (3) Required wages.--
       (A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       (B) Limitation.--Effective on the date of the enactment of 
     the Emergency Agriculture Relief Act of 2008 and continuing 
     for 3 years thereafter, no adverse effect wage rate for a 
     State may be more than the adverse effect wage rate for that 
     State in effect on January 1, 2008, as established by section 
     655.107 of title 20, Code of Federal Regulations.
       (C) Required wages after 3-year freeze.--If Congress does 
     not set a new wage standard applicable to this section before 
     March 1, 2012, the adverse effect wage rate for each State 
     beginning on March 1, 2012 shall be the wage rate that would 
     have resulted under the methodology in effect on January 1, 
     2008.
       (D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       (E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       (F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       (i) the worker's total earnings for the pay period;
       (ii) the worker's hourly rate of pay, piece rate of pay, or 
     both;
       (iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the \3/4\ guarantee described in paragraph 
     (4);
       (iv) the hours actually worked by the worker;
       (v) an itemization of the deductions made from the worker's 
     wages; and
       (vi) if piece rates of pay are used, the units produced 
     daily.
       (G) Report on wage protections.--Not later than December 
     31, 2010, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       (i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       (ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       (iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       (iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       (v) recommendations for future wage protection under this 
     section.
       (H) Commission on wage standards.--
       (i) Establishment.--There is established the Commission on 
     Agricultural Wage Standards under the H-2A program (in this 
     subparagraph referred to as the ``Commission'').
       (ii) Composition.--The Commission shall consist of 10 
     members as follows:

       (I) Four representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       (II) Four representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       (iii) Functions.--The Commission shall conduct a study that 
     shall address--

       (I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       (II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       (III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       (IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       (V) recommendations for future wage protection under this 
     section.

       (iv) Final report.--Not later than December 31, 2010, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       (v) Termination date.--The Commission shall terminate upon 
     submitting its final report.
       (4) Guarantee of employment.--
       (A) Offer to worker.--The employer shall guarantee to offer 
     the worker employment for the hourly equivalent of at least 
     \3/4\ of the work days of the total period of employment, 
     beginning with the first work day after the arrival of the 
     worker at the place of employment and ending on the 
     expiration date specified in the job offer. For purposes of 
     this subparagraph, the hourly equivalent means the number of 
     hours in the work days as stated in the job offer and shall 
     exclude the worker's Sabbath and Federal holidays. If the 
     employer affords the United States or H-2A worker less 
     employment than that required under this paragraph, the 
     employer shall pay such worker the amount which the worker 
     would have earned had the worker, in fact, worked for the 
     guaranteed number of hours.
       (B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       (C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the ``\3/4\ guarantee'' described in 
     subparagraph (A).
       (D) Contract impossibility.--If, before the expiration of 
     the period of employment specified

[[Page 9523]]

     in the job offer, the services of the worker are no longer 
     required for reasons beyond the control of the employer due 
     to any form of natural disaster, including a flood, 
     hurricane, freeze, earthquake, fire, drought, plant or animal 
     disease or pest infestation, or regulatory drought, before 
     the guarantee in subparagraph (A) is fulfilled, the employer 
     may terminate the worker's employment. In the event of such 
     termination, the employer shall fulfill the employment 
     guarantee in subparagraph (A) for the work days that have 
     elapsed from the first work day after the arrival of the 
     worker to the termination of employment. In such cases, the 
     employer will make efforts to transfer the United States 
     worker to other comparable employment acceptable to the 
     worker. If such transfer is not effected, the employer shall 
     provide the return transportation required in paragraph 
     (2)(D).
       (5) Motor vehicle safety.--
       (A) Mode of transportation subject to coverage.--
       (i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       (ii) Defined term.--In this paragraph, the term ``uses or 
     causes to be used''--

       (I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       (II) does not apply to--

       (aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       (bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       (iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       (iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       (v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       (B) Applicability of standards, licensing, and insurance 
     requirements.--
       (i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       (I) ensure that each such vehicle conforms to the standards 
     prescribed by the Secretary of Labor under section 401(b) of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1841(b)) and other applicable Federal and State 
     safety standards;
       (II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       (III) have an insurance policy or a liability bond that is 
     in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       (ii) Amount of insurance required.--The level of insurance 
     required shall be determined by the Secretary of Labor 
     pursuant to regulations to be issued under this subsection.
       (iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       (I) No insurance policy or liability bond shall be required 
     of the employer, if such workers are transported only under 
     circumstances for which there is coverage under such State 
     law.
       (II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       (c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       (d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       (e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

      SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF 
                   H-2A WORKERS.

       (a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       (b) Expedited Adjudication by the Secretary.--The Secretary 
     shall establish a procedure for expedited adjudication of 
     petitions filed under subsection (a) and within 7 working 
     days shall, by fax, cable, or other means assuring expedited 
     delivery, transmit a copy of notice of action on the petition 
     to the petitioner and, in the case of approved petitions, to 
     the appropriate immigration officer at the port of entry or 
     United States consulate (as the case may be) where the 
     petitioner has indicated that the alien beneficiary (or 
     beneficiaries) will apply for a visa or admission to the 
     United States.
       (c) Criteria for Admissibility.--
       (1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       (2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       (A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       (B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       (3) Waiver of ineligibility for unlawful presence.--
       (A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       (B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       (d) Period of Admission.--
       (1) In general.--The alien shall be admitted for the period 
     of employment in the application certified by the Secretary 
     of Labor pursuant to section 218(e)(2)(B), not to exceed 10 
     months, supplemented by a period of not more than 1 week 
     before the beginning of the period of employment for the 
     purpose of travel to the worksite and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       (A) the alien is not authorized to be employed during such 
     14-day period except in the employment for which the alien 
     was previously authorized; and
       (B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       (2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       (e) Abandonment of Employment.--
       (1) In general.--An alien admitted or provided status under 
     section 101(a)(15)(H)(ii)(a) who abandons the employment 
     which was the basis for such admission or status shall be 
     considered to have failed to maintain nonimmigrant status as 
     an H-2A worker and shall depart the United States or be 
     subject to removal under section 237(a)(1)(C)(i).
       (2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       (3) Removal by the secretary.--The Secretary shall promptly 
     remove from the United States any H-2A worker who violates 
     any term or condition of the worker's nonimmigrant status.
       (4) Voluntary termination.--Notwithstanding paragraph (1), 
     an alien may voluntarily terminate his or her employment if 
     the alien promptly departs the United States upon termination 
     of such employment.
       (f) Replacement of Alien.--
       (1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit

[[Page 9524]]

     into the United States, an eligible alien designated by the 
     employer to replace an H-2A worker--
       (A) who abandons or prematurely terminates employment; or
       (B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       (2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       (g) Identification Document.--
       (1) In general.--Each alien authorized to be admitted under 
     section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     the alien's identity.
       (2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       (A) The document shall be capable of reliably determining 
     whether--
       (i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       (ii) the individual whose eligibility is being verified is 
     claiming the identity of another person; and
       (iii) the individual whose eligibility is being verified is 
     authorized to be admitted into, and employed in, the United 
     States as an H-2A worker.
       (B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       (C) The document shall--
       (i) be compatible with other databases of the Secretary for 
     the purpose of excluding aliens from benefits for which they 
     are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       (ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       (h) Extension of Stay of H-2A Aliens in the United 
     States.--
       (1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       (2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       (A) for a period of more than 10 months; or
       (B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       (3) Work authorization upon filing a petition for extension 
     of stay.--
       (A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       (B) Definition.--For purposes of subparagraph (A), the term 
     ``file'' means sending the petition by certified mail via the 
     United States Postal Service, return receipt requested, or 
     delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       (C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       (D) Approval of petition.--Upon approval of a petition for 
     an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       (4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       (5) Limitation on an individual's stay in status.--
       (A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       (B) Requirement to remain outside the united states.--
       (i) In general.--Subject to clause (ii), in the case of an 
     alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       (ii) Exception.--Clause (i) shall not apply in the case of 
     an alien if the alien's period of authorized status as an H-
     2A worker (including any extensions) was for a period of not 
     more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       (i) Special Rules for Aliens Employed as Sheepherders, Goat 
     Herders, Dairy Workers, or Horse Workers.--Notwithstanding 
     any provision of the Emergency Agriculture Relief Act of 
     2008, an alien admitted under section 101(a)(15)(H)(ii)(a) 
     for employment as a sheepherder, goat herder, dairy worker, 
     or horse worker--
       (1) may be admitted for an initial period of 12 months;
       (2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       (3) shall not be subject to the requirements of subsection 
     (h)(5) (relating to periods of absence from the United 
     States).
       (j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, Dairy Workers, 
     or Horse Workers.--
       (1) Eligible alien.--For purposes of this subsection, the 
     term ``eligible alien'' means an alien--
       (A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, dairy worker, or horse worker;
       (B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       (C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       (2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       (A) the alien's employer on behalf of the eligible alien; 
     or
       (B) the eligible alien.
       (3) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       (4) Effect of petition.--The filing of a petition described 
     in paragraph (2) or an application for adjustment of status 
     based on the approval of such a petition shall not constitute 
     evidence of an alien's ineligibility for nonimmigrant status 
     under section 101(a)(15)(H)(ii)(a).
       (5) Extension of stay.--The Secretary shall extend the stay 
     of an eligible alien having a pending or approved 
     classification petition described in paragraph (2) in 1-year 
     increments until a final determination is made on the alien's 
     eligibility for adjustment of status to that of an alien 
     lawfully admitted for permanent residence.
       (6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

      SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS 
                   ENFORCEMENT.

       (a) Enforcement Authority.--
       (1) Investigation of complaints.--
       (A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       (B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (G). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       (C) Failures to meet conditions.--If the Secretary of Labor 
     finds, after notice and opportunity for a hearing, a failure 
     to meet a condition of paragraph (1)(A), (1)(B), (1)(D), 
     (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), a 
     substantial failure to meet a condition of paragraph (1)(C), 
     (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 218(b), 
     or a material misrepresentation of fact in an application 
     under section 218(a)--

[[Page 9525]]

       (i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       (ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       (D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       (i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       (ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       (iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       (E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       (i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       (ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       (F) Limitations on civil money penalties.--The Secretary of 
     Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       (G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       (2) Statutory construction.--Nothing in this section shall 
     be construed as limiting the authority of the Secretary of 
     Labor to conduct any compliance investigation under any other 
     labor law, including any law affecting migrant and seasonal 
     agricultural workers, or, in the absence of a complaint under 
     this section, under section 218 or 218A.
       (b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       (1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       (2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       (3) The payment of wages required under section 218A(b)(3) 
     when due.
       (4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       (5) The guarantee of employment required under section 
     218A(b)(4).
       (6) The motor vehicle safety requirements under section 
     218A(b)(5).
       (7) The prohibition of discrimination under subsection 
     (d)(2).
       (c) Private Right of Action.--
       (1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       (A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       (B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       (C) Authorization.--
       (i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       (ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       (2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction over the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       (3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       (4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       (5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       (6) Award of damages or other equitable relief.--
       (A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       (B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       (7) Workers' compensation benefits; exclusive remedy.--
       (A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       (B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       (i) a recovery under a State workers' compensation law; or
       (ii) rights conferred under a State workers' compensation 
     law.
       (8) Tolling of statute of limitations.--If it is determined 
     under a State workers' compensation law that the workers' 
     compensation law is not applicable to a claim for bodily 
     injury or death of an H-2A worker, the statute of limitations 
     for bringing an action for actual damages for such injury or 
     death under subsection (c) shall be tolled for the period 
     during which the claim for such injury or death under such 
     State workers' compensation law was pending. The statute of 
     limitations for an action for actual damages or other 
     equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       (9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       (10) Settlements.--Any settlement by the Secretary of Labor 
     with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       (d) Discrimination Prohibited.--
       (1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in

[[Page 9526]]

     any other manner discriminate against an employee (which 
     term, for purposes of this subsection, includes a former 
     employee and an applicant for employment) because the 
     employee has disclosed information to the employer, or to any 
     other person, that the employee reasonably believes evidences 
     a violation of section 218 or 218A or any rule or regulation 
     pertaining to section 218 or 218A, or because the employee 
     cooperates or seeks to cooperate in an investigation or other 
     proceeding concerning the employer's compliance with the 
     requirements of section 218 or 218A or any rule or regulation 
     pertaining to either of such sections.
       (2) Discrimination against h-2a workers.--It is a violation 
     of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       (e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       (f) Role of Associations.--
       (1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       (2) Violations by an association acting as an employer.--If 
     an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

      SEC. 218D. DEFINITIONS.

       For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       (2) Bona fide union.--The term ``bona fide union'' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       (3) Displace.--The term ``displace'', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       (4) Eligible.--The term ``eligible'', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       (5) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (6) H-2A employer.--The term ``H-2A employer'' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       (7) H-2A worker.--The term ``H-2A worker'' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       (8) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       (9) Laying off.--
       (A) In general.--The term ``laying off'', with respect to a 
     worker--
       (i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary suspension of employment 
     due to weather, markets, or other temporary conditions; but
       (ii) does not include any situation in which the worker is 
     offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       (B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       (10) Regulatory drought.--The term ``regulatory drought'' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       (11) Seasonal.--Labor is performed on a ``seasonal'' basis 
     if--
       (A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       (B) from its nature, it may not be continuous or carried on 
     throughout the year.
       (12) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (13) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (14) United states worker.--The term ``United States 
     worker'' means any worker, whether a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).

                           *   *   *   *   *


     Sec. 1153. Allocation of immigrant visas


                                  note

                       PILOT IMMIGRATION PROGRAM

       Pub. L. 102-395, title VI, Sec. 610, Oct. 6, 1992, 106 
     Stat. 1874, as amended by Pub. L. 105-119, title I, Sec. 
     116(a), Nov. 26, 1997, 111 Stat. 2467; Pub. L. 106-396, Sec. 
     402, Oct. 30, 2000, 114 Stat. 1647; Pub. L. 107-273, div. C, 
     title I, Sec. 11037(a), Nov. 2, 2002, 116 Stat. 1847; Pub. L. 
     108-156, Sec. 4, Dec. 3, 2003, 117 Stat. 1945, provided that:
       ``(a) * * *
       ``(b) For purposes of the pilot program established in 
     subsection (a), beginning on October 1, 1992, but no later 
     than October 1, 1993, the Secretary of State, together with 
     the Secretary of Homeland Security, shall set aside 3,000 
     visas annually [for 15 years] for 20 years to include such 
     aliens as are eligible for admission under section 203(b)(5) 
     of the Immigration and Nationality Act [8 U.S.C. 1153(b)(5)] 
     and this section, as well as spouses or children which are 
     eligible, under the terms of the Immigration and Nationality 
     Act [8 U.S.C. 1101 et seq.], to accompany or follow to join 
     such aliens.

                           *   *   *   *   *


    PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF 
CITIZENS AND ALIENS

                           *   *   *   *   *


     Sec. 1181. Admission of immigrants into the United States

       (a) * * *
       (b) Readmission Without Required Documents; Attorney 
     General's Discretion.--Notwithstanding the provisions of 
     section 1182(a)(7)(A) of this title in such cases or in such 
     classes of cases and under such conditions as may be by 
     regulations prescribed, returning resident immigrants, 
     defined in section 1101(a)(27)(A), including an eligible 
     alien authorized to reside in a foreign country under section 
     317A and the spouse or child of such eligible alien, if 
     appropriate, of this title, who are otherwise admissible may 
     be readmitted to the United States by the Attorney General in 
     his discretion without being required to obtain a passport, 
     immigrant visa, reentry permit or other documentation.

                           *   *   *   *   *


     Sec. 1182. Inadmissible aliens

       (a) * * *
       (1) * * *

                           *   *   *   *   *

       (5) * * *

                           *   *   *   *   *

       (D) * * *

                           *   *   *   *   *

       (E) Health care workers with other obligations.--
       (i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.

[[Page 9527]]

       (ii) Obligation defined.--In this subparagraph, the term 
     ``obligation'' means an obligation incurred as part of a 
     valid, voluntary individual agreement in which the alien 
     received financial assistance to defray the costs of 
     education or training to qualify as a physician or other 
     health care worker in consideration for a commitment to work 
     as a physician or other health care worker in the alien's 
     country of origin or the alien's country of residence.
       (iii) Waiver.--The Secretary of Homeland Security may waive 
     a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       (I) the obligation was incurred by coercion or other 
     improper means;
       (II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       (III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.

                           *   *   *   *   *


       (7) * * *
       (A) * * *
       (i) * * *

       (I) who is not in possession of a valid unexpired immigrant 
     visa, reentry permit, border crossing identification card, or 
     other valid entry document required by this chapter, and a 
     valid unexpired passport, or other suitable travel document, 
     or document of identity and nationality if such document is 
     required under the regulations issued by the Attorney General 
     under section 1181(a) of this Act other than an eligible 
     alien authorized to reside in a foreign country under section 
     317A and the spouse or child of such eligible alien, if 
     appropriate, or

                           *   *   *   *   *


     Sec. 1184. Admission of nonimmigrants

       (a) * * *

                           *   *   *   *   *

       (g) * * *-
       (1) * * *

                           *   *   *   *   *

       (9)(A) Subject to subparagraphs (B) and (C), [an alien who 
     has already been counted toward the numerical limitation of 
     paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall 
     not again be counted toward such limitation during fiscal 
     year 2007.] an alien who has been present in the United 
     States as an H-2B nonimmigrant during any 1 of the 3 fiscal 
     years immediately preceding the fiscal year of the approved 
     start date of a petition for a nonimmigrant worker described 
     in section 101(a)(15)(H)(ii)(b) shall not be counted toward 
     such limitation for the fiscal year in which the petition is 
     approved. Such an alien shall be considered a returning 
     worker.

                           *   *   *   *   *


PART V--ADJUSTMENT AND CHANGE OF STATUS

                           *   *   *   *   *


     Sec. 1255. Adjustment of status of nonimmigrant to that of 
       person admitted for permanent residence

       (a) * * *

                           *   *   *   *   *

       (n) Adjustment of Status for Employment-Based Immigrants.--
       (1) Eligibility.--The Secretary of Homeland Security shall 
     provide for the filing of an adjustment application by an 
     alien (and any eligible dependents of such alien) who has an 
     approved or pending petition under subparagraph (E) or (F) of 
     section 204(a)(1), regardless of whether an immigrant visa is 
     immediately available at the time the application is filed.
       (2) Visa availability.--An application filed pursuant to 
     paragraph (1) shall not be approved until an immigrant visa 
     becomes available.
       (3) Fees.--If an application is filed pursuant to paragraph 
     (1) at a time at which a visa is not immediately available, a 
     fee, known as the Supplemental Adjustment of Status 
     Application Fee, in the amount of $1500 shall be paid on 
     behalf of the beneficiary of such petition. Such Fee may not 
     be charged for a dependent accompanying or following to join 
     such beneficiary.

             SUBCHAPTER III--NATIONALITY AND NATURALIZATION

PART I--NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION

                           *   *   *   *   *


     Sec. 1401. Nationals and citizens of United States at birth

                           *   *   *   *   *


      SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE 
                   IN DEVELOPING COUNTRIES.

       (a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       (1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       (2) to meet the continuous residency requirements under 
     section 316(b).
       (b) Definitions.--In this section:
       (1) Candidate country.--The term ``candidate country'' 
     means a country that the Secretary of State determines to 
     be--
       (A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       (B) classified as a lower middle income country in the then 
     most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       (C) qualified to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       (2) Eligible alien.--The term ``eligible alien'' means an 
     alien who--
       (A) has been lawfully admitted to the United States for 
     permanent residence; and
       (B) is a physician or other healthcare worker.
       (c) Consultation.--The Secretary of Homeland Security shall 
     consult with the Secretary of State in carrying out this 
     section.
       (d) Publication.--The Secretary of State shall publish--
       (1) not later than 180 days after the date of the enactment 
     of this section, a list of candidate countries;
       (2) an updated version of the list required by paragraph 
     (1) not less often than once each year; and
       (3) an amendment to the list required by paragraph (1) at 
     the time any country qualifies as a candidate country due to 
     special circumstances under subsection (b)(1)(C).

                           *   *   *   *   *


TITLE 10--ARMED FORCES

                           *   *   *   *   *


Subtitle E--Reserve Components

                           *   *   *   *   *


  PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
PROGRAMS

                           *   *   *   *   *


  CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

                           *   *   *   *   *


     Sec. 16163. Eligibility for educational assistance

     

                           *   *   *   *   *
       (a) * * *

                           *   *   *   *   *

       (e) Bar From Duplication of Educational Assistance 
     Allowance.--
       (1) Except as provided in paragraph (2), an individual 
     entitled to educational assistance under this chapter who is 
     also eligible for educational assistance under chapter 1606 
     of this title, chapter 30, 31, 32, 33, or 35 of title 38, or 
     under the Hostage Relief Act of 1980 (Public Law 96-449; 5 
     U.S.C. 5561 note) may not receive assistance under more than 
     one such programs and shall elect (in such form and manner as 
     the Secretary of Veterans Affairs may prescribe) under which 
     program the member elects to receive educational assistance.

                           *   *   *   *   *


                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                             PART I--CRIMES

CHAPTER 1--GENERAL PROVISIONS

                           *   *   *   *   *


     Sec. 7. Special maritime and territorial jurisdiction of the 
       United States defined

                           *   *   *   *   *


       (9) With respect to offenses committed by or against a 
     national of the United States as that term is used in section 
     101 of the Immigration and Nationality Act--
       (A) the premises of United States diplomatic, consular, 
     military or other United States Government missions or 
     entities in foreign States, including the buildings, parts of 
     buildings, and land appurtenant or ancillary thereto or used 
     for purposes of those missions or entities, irrespective of 
     ownership; and
       (B) residences in foreign States and the land appurtenant 
     or ancillary thereto, irrespective of ownership, used for 
     purposes of those missions or entities or used by United 
     States personnel assigned to those missions or entities.

     Nothing in this paragraph shall be deemed to supersede any 
     treaty or international agreement with which this paragraph 
     conflicts. This paragraph does not apply with respect to an 
     offense committed by a person described in [section 3261(a)] 
     section 3261(a)(1) or section 3261(a)(2) of this title.

                           *   *   *   *   *


CHAPTER 46--FORFEITURE

                           *   *   *   *   *


[[Page 9528]]



     Sec. 982. Criminal forfeiture

       (a) * * *

                           *   *   *   *   *

       (2) The court, in imposing sentence on a person convicted 
     of a violation of, or a conspiracy to violate--
       (A) * * *
       (B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 
     481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 
     1028, 1029, [or 1030] 1030, or 1041 of this title,

     shall order that the person forfeit to the United States any 
     property constituting, or derived from, proceeds the person 
     obtained directly or indirectly, as the result of such 
     violation.

                           *   *   *   *   *


CHAPTER 47--FRAUD AND FALSE STATEMENTS

                           *   *   *   *   *


Sec.
                       *    *    *    *    ** * * * *

1040. * * *
1041. War profiteering and fraud.

                           *   *   *   *   *


     Sec. 1040. * * *

     Sec. 1041. War profiteering and fraud

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

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

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

                           *   *   *   *   *


CHAPTER 95--RACKETEERING

                           *   *   *   *   *


     Sec. 1956. Laundering of monetary instruments

     

                           *   *   *   *   *
       (c) As used in this section--

                           *   *   *   *   *

       (7) the term ``specified unlawful activity'' means--

                           *   *   *   *   *

       (D) an offense under section 32 (relating to the 
     destruction of aircraft), section 37 (relating to violence at 
     international airports), section 115 (relating to 
     influencing, impeding, or retaliating against a Federal 
     official by threatening or injuring a family member), section 
     152 (relating to concealment of assets; false oaths and 
     claims; bribery), section 175c (relating to the variola 
     virus), section 215 (relating to commissions or gifts for 
     procuring loans), section 351 (relating to congressional or 
     Cabinet officer assassination), any of sections 500 through 
     503 (relating to certain counterfeiting offenses), section 
     513 (relating to securities of States and private entities), 
     section 541 (relating to goods falsely classified), section 
     542 (relating to entry of goods by means of false 
     statements), section 545 (relating to smuggling goods into 
     the United States), section 549 (relating to removing goods 
     from Customs custody), section 641 (relating to public money, 
     property, or records), section 656 (relating to theft, 
     embezzlement, or misapplication by bank officer or employee), 
     section 657 (relating to lending, credit, and insurance 
     institutions), section 658 (relating to property mortgaged or 
     pledged to farm credit agencies), section 666 (relating to 
     theft or bribery concerning programs receiving Federal 
     funds), section 793, 794, or 798 (relating to espionage), 
     section 831 (relating to prohibited transactions involving 
     nuclear materials), section 844(f) or (i) (relating to 
     destruction by explosives or fire of Government property or 
     property affecting interstate or foreign commerce), section 
     875 (relating to interstate communications), section 922(l) 
     (relating to the unlawful importation of firearms), section 
     924(n) (relating to firearms trafficking), section 956 
     (relating to conspiracy to kill, kidnap, maim, or injure 
     certain property in a foreign country), section 1005 
     (relating to fraudulent bank entries), 1006 \2\ (relating to 
     fraudulent Federal credit institution entries), 1007 \2\ 
     (relating to Federal Deposit Insurance transactions), 1014 
     \2\ (relating to fraudulent loan or credit applications), 
     section 1030 (relating to computer fraud and abuse), 1032 \2\ 
     (relating to concealment of assets from conservator, 
     receiver, or liquidating agent of financial institution), 
     section 1041 (relating to war profiteering and fraud), 
     section 1111 (relating to murder), section 1114 (relating to 
     murder of United States law enforcement officials), section 
     1116 (relating to murder of foreign officials, official 
     guests, or internationally protected persons), section 1201 
     (relating to kidnapping), section 1203 (relating to hostage 
     taking), section 1361 (relating to willful injury of 
     Government property), section 1363 (relating to destruction 
     of property within the special maritime and territorial 
     jurisdiction), section 1708 (theft from the mail), section 
     1751 (relating to Presidential assassination), section 2113 
     or 2114 (relating to bank and postal robbery and theft), 
     section 2280 (relating to violence against maritime 
     navigation), section 2281 (relating to violence against 
     maritime fixed platforms), section 2319 (relating to 
     copyright infringement), section 2320 (relating to 
     trafficking in counterfeit goods and services), section 2332 
     (relating to terrorist acts abroad against United States 
     nationals), section 2332a (relating to use of weapons of mass 
     destruction), section 2332b (relating to international 
     terrorist acts transcending national boundaries), section 
     2332g (relating to missile systems designed to destroy 
     aircraft), section 2332h (relating to radiological dispersal 
     devices), or section 2339A or 2339B (relating to providing 
     material support to terrorists) of this title, section 46502 
     of title 49, United States Code, a felony violation of the 
     Chemical Diversion and Trafficking Act of 1988 (relating to 
     precursor and essential chemicals), section 590 of the Tariff 
     Act of 1930 (19 U.S.C. 1590) (relating to aviation 
     smuggling), section 422 of the Controlled Substances Act 
     (relating to transportation of drug paraphernalia), section 
     38(c) (relating to criminal violations) of the Arms Export 
     Control Act, section 11 (relating to violations) of the 
     Export Administration Act of 1979, section 206 (relating to 
     penalties) of the International Emergency Economic Powers 
     Act, section 16 (relating to offenses and punishment) of the 
     Trading with the Enemy Act, any felony violation of section 
     15 of the Food Stamp Act of 1977 (relating to food stamp 
     fraud) involving a quantity of coupons having a value of not 
     less than $5,000, any violation of section 543(a)(1) of the 
     Housing Act of 1949 (relating to equity skimming), any felony 
     violation of the Foreign Agents Registration Act of 1938, any 
     felony violation of the Foreign Corrupt Practices Act, or 
     section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) 
     (relating to prohibitions governing atomic weapons) \3\

                           *   *   *   *   *


CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

                           *   *   *   *   *


     Sec. 1961. Definitions

       As used in this chapter--
       (1) ``racketeering activity'' means (A) any act or threat 
     involving murder, kidnapping, gambling, arson, robbery, 
     bribery, extortion, dealing in obscene matter, or dealing in 
     a controlled substance or listed chemical (as defined in 
     section 102 of the Controlled Substances Act), which is 
     chargeable under State law and punishable by imprisonment for 
     more than one year; (B) any act which is indictable under any 
     of the following provisions of title 18, United States Code: 
     Section 201 (relating to bribery), section 224 (relating to 
     sports bribery), sections 471, 472, and 473 (relating to 
     counterfeiting), section 659 (relating to theft from 
     interstate shipment) if the act indictable under section 659 
     is felonious, section 664 (relating to embezzlement from 
     pension and welfare funds), sections 891-894 (relating to 
     extortionate credit transactions), section 1028 (relating to 
     fraud and related activity in connection with identification 
     documents), section 1029 (relating to fraud and related 
     activity in connection with access devices), section 1041 
     (relating to war profiteering and fraud), section 1084 
     (relating to the transmission of gambling information), 
     section 1341 (relating to mail fraud), section 1343 (relating 
     to wire fraud), section 1344 (relating to financial 
     institution fraud), section 1425 (relating to the procurement 
     of citizenship or nationalization unlawfully), section 1426 
     (relating to the reproduction of naturalization or 
     citizenship papers), section 1427 (relating to the sale of 
     naturalization or citizenship papers), sections 1461-1465 
     (relating to obscene matter), section 1503 (relating to 
     obstruction of justice), section 1510 (relating to 
     obstruction of criminal investigations), section 1511 
     (relating to the obstruction of State or local law 
     enforcement), section 1512 (relating to tampering with a 
     witness, victim, or an informant), section 1513 (relating to 
     retaliating against a witness, victim, or an informant), 
     section 1542 (relating to false statement in application and 
     use of passport), section 1543 (relating to forgery or false 
     use of passport), section 1544 (relating to misuse of 
     passport), section 1546 (relating to fraud and misuse of 
     visas, permits, and other documents), sections 1581-1592 
     (relating to peonage, slavery, and trafficking in

[[Page 9529]]

     persons),\1\ section 1951 (relating to interference with 
     commerce, robbery, or extortion), section 1952 (relating to 
     racketeering), section 1953 (relating to interstate 
     transportation of wagering paraphernalia), section 1954 
     (relating to unlawful welfare fund payments), section 1955 
     (relating to the prohibition of illegal gambling businesses), 
     section 1956 (relating to the laundering of monetary 
     instruments), section 1957 (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity), section 1958 (relating to use of interstate 
     commerce facilities in the commission of murder-for-hire), 
     sections 2251, 2251A, 2252, and 2260 (relating to sexual 
     exploitation of children), sections 2312 and 2313 (relating 
     to interstate transportation of stolen motor vehicles), 
     sections 2314 and 2315 (relating to interstate transportation 
     of stolen property), section 2318 (relating to trafficking in 
     counterfeit labels for phonorecords, computer programs or 
     computer program documentation or packaging and copies of 
     motion pictures or other audiovisual works), section 2319 
     (relating to criminal infringement of a copyright), section 
     2319A (relating to unauthorized fixation of and trafficking 
     in sound recordings and music videos of live musical 
     performances), section 2320 (relating to trafficking in goods 
     or services bearing counterfeit marks), section 2321 
     (relating to trafficking in certain motor vehicles or motor 
     vehicle parts), sections 2341-2346 (relating to trafficking 
     in contraband cigarettes), sections 2421-24 (relating to 
     white slave traffic), sections 175-178 (relating to 
     biological weapons), sections 229-229F (relating to chemical 
     weapons), section 831 (relating to nuclear materials), (C) 
     any act which is indictable under title 29, United States 
     Code, section 186 (dealing with restrictions on payments and 
     loans to labor organizations) or section 501(c) (relating to 
     embezzlement from union funds), (D) any offense involving 
     fraud connected with a case under title 11 (except a case 
     under section 157 of this title), fraud in the sale of 
     securities, or the felonious manufacture, importation, 
     receiving, concealment, buying, selling, or otherwise dealing 
     in a controlled substance or listed chemical (as defined in 
     section 102 of the Controlled Substances Act), punishable 
     under any law of the United States, (E) any act which is 
     indictable under the Currency and Foreign Transactions 
     Reporting Act, (F) any act which is indictable under the 
     Immigration and Nationality Act, section 274 (relating to 
     bringing in and harboring certain aliens), section 277 
     (relating to aiding or assisting certain aliens to enter the 
     United States), or section 278 (relating to importation of 
     alien for immoral purpose) if the act indictable under such 
     section of such Act was committed for the purpose of 
     financial gain, or (G) any act that is indictable under any 
     provision listed in section 2332b(g)(5)(B);

                           *   *   *   *   *


PART II--CRIMINAL PROCEDURE

                           *   *   *   *   *


CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION

                           *   *   *   *   *


     Sec. 3261. Criminal offenses committed by certain members of 
       the Armed Forces and by persons employed by or accompanying 
       the Armed Forces outside the United States

       (a) * * *
       (1) while employed by or accompanying the Armed Forces 
     outside the United States; [or]
       (2) while a member of the Armed Forces subject to chapter 
     47 of title 10 (the Uniform Code of Military Justice)[,];
       (3) while employed by any Department or agency of the 
     United States other than the Armed Forces in a foreign 
     country in which the Armed Forces are conducting a qualifying 
     military operation; or
       (4) while employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces,

     shall be punished as provided for that offense.

                           *   *   *   *   *


     Sec. 3262. Arrest and commitment

       (a) The Secretary of Defense may designate and authorize 
     any person serving in a law enforcement position in the 
     Department of Defense to arrest, in accordance with 
     applicable international agreements, outside the United 
     States any person described in [section 3261(a)] section 
     3261(a)(1) or 3261(a)(2) if there is probable cause to 
     believe that such person violated section 3261(a).
       (b) The Attorney General may designate and authorize any 
     person serving in a law enforcement position in the 
     Department of Justice, the Department of Defense, the 
     Department State, or any other Executive agency to arrest, in 
     accordance with applicable international agreements, outside 
     the United States any person described in section 3261(a) if 
     there is probable cause to believe that such person violated 
     section 3261(a).
       [(b)] (c) Except as provided in sections 3263 and 3264, a 
     person arrested under subsection (a) shall be delivered as 
     soon as practicable to the custody of civilian law 
     enforcement authorities of the United States for removal to 
     the United States for judicial proceedings in relation to 
     conduct referred to in such subsection unless such person has 
     had charges brought against him or her under chapter 47 of 
     title 10 for such conduct.

                           *   *   *   *   *


     Sec. 3263. Delivery to authorities of foreign countries

       (a) Any person designated and authorized under section 
     3262(a) may deliver a person described in [section 3261(a)] 
     section 3261(a)(1) or 3261(a)(2) to the appropriate 
     authorities of a foreign country in which such person is 
     alleged to have violated section 3261(a) if--

                           *   *   *   *   *


     Sec. 3264. Limitation on removal

       (a) Except as provided in subsection (b), and except for a 
     person delivered to authorities of a foreign country under 
     section 3263, a person described in section 3261(a)(1) or 
     3261(a)(2) arrested for or charged with a violation of 
     section 3261(a) shall not be removed--

                           *   *   *   *   *


     Sec. 3265. Initial proceedings

       (a)(1) In the case of any person described in section 
     3261(a)(1) or 3261(a)(2) arrested for or charged with a 
     violation of section 3261(a) who is not delivered to 
     authorities of a foreign country under section 3263, the 
     initial appearance of that person under the Federal Rules of 
     Criminal Procedure--

                           *   *   *   *   *


     Sec. 3266. Regulations

       (a) The Secretary of Defense, after consultation with the 
     Secretary of State and the Attorney General, shall prescribe 
     regulations governing the apprehension, detention, delivery, 
     and removal of persons [under this chapter] described in 
     section 3261(a)(1) or 3261(a)(2) and the facilitation of 
     proceedings under section 3265. Such regulations shall be 
     uniform throughout the Department of Defense.

                           *   *   *   *   *

       (c) * * *
       (d) The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, may prescribe regulations 
     governing the investigation, apprehension, detention, 
     delivery, and removal of persons described in sections 
     3261(a)(3) and 3261(a)(4) and describing the notice due, if 
     any, foreign nationals potentially subject to the criminal 
     jurisdiction of the United States under those sections.

                           *   *   *   *   *


     Sec. 3267. Definitions

       As used in this chapter:
       (1) The term ``employed by the Armed Forces outside the 
     United States'' means--
       [(A) employed as--
       [(i) a civilian employee of--

       [(I) the Department of Defense (including a nonappropriated 
     fund instrumentality of the Department); or
       [(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas;

       [(ii) a contractor (including a subcontractor at any tier) 
     of--

       [(I) the Department of Defense (including a nonappropriated 
     fund instrumentality of the Department); or
       [(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas; 
     or

       [(iii) an employee of a contractor (or subcontractor at any 
     tier) of--

       [(I) the Department of Defense (including a nonappropriated 
     fund instrumentality of the Department); or
       [(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense 
     overseas;]

       (A) employed by or performing services under a contract 
     with or grant from the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department) as--
       (i) a civilian employee (including an employee from any 
     other Executive agency on temporary assignment to the 
     Department of Defense);
       (ii) a contractor (including a subcontractor at any tier); 
     or
       (iii) an employee of a contractor (including a 
     subcontractor at any tier);

                           *   *   *   *   *

       (4) The terms ``Judge Advocate General'' and ``judge 
     advocate'' have the meanings given such terms in section 801 
     of title 10.
       (5) The term ``employed by any Department or agency of the 
     United States other than the Armed Forces'' means--
       (A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       (i) a civilian employee;
       (ii) a contractor (including a subcontractor at any tier); 
     or
       (iii) an employee of a contractor (including a 
     subcontractor at any tier);
       (B) present or residing outside the United States in 
     connection with such employment; and

[[Page 9530]]

       (C) not a national of or ordinarily a resident in the host 
     nation.
       (6) The term ``employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces'' means--
       (A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       (i) a civilian employee;
       (ii) a contractor (including a subcontractor at any tier); 
     or
       (iii) an employee of a contractor (including a 
     subcontractor at any tier);
       (B) authorized in the course of such employment--
       (i) to provide physical protection to or security for 
     persons, places, buildings, facilities, supplies, or means of 
     transportation;
       (ii) to carry or possess a firearm or dangerous weapon, as 
     defined by section 930(g)(2) of this title;
       (iii) to use force against another; or
       (iv) to supervise individuals performing the activities 
     described in clause (i), (ii) or (iii);
       (C) present or residing outside the United States in 
     connection with such employment; and
       (D) not a national of or ordinarily resident in the host 
     nation.
       (7) The term ``qualifying military operation'' means--
       (A) a military operation covered by a declaration of war or 
     an authorization of the use of military force by Congress;
       (B) a contingency operation (as defined in section 101 of 
     title 10); or
       (C) any other military operation outside of the United 
     States, including a humanitarian assistance or peace keeping 
     operation, provided such operation is conducted pursuant to 
     an order from or approved by the Secretary of Defense.

                           *   *   *   *   *


CHAPTER 213--LIMITATIONS

                           *   *   *   *   *


     Sec. 3287. Wartime suspension of limitations

       When the United States is at war or Congress has enacted a 
     specific authorization for the use of the Armed Forces, as 
     described in section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)), the running of any statute of limitations 
     applicable to any offense--
       (1) involving fraud or attempted fraud against the United 
     States or any agency thereof in any manner, whether by 
     conspiracy or not, or
       (2) committed in connection with the acquisition, care, 
     handling, custody, control or disposition of any real or 
     personal property of the United States, or
       (3) committed in connection with the negotiation, 
     procurement, award, performance, payment for, interim 
     financing, cancelation, or other termination or settlement, 
     of any contract, subcontract, or purchase order which is 
     connected with or related to the prosecution of the war or 
     directly connected with or related to the authorized use of 
     the Armed Forces, or with any disposition of termination 
     inventory by any war contractor or Government agency, shall 
     be suspended until [three years] 5 years after the 
     termination of hostilities as [proclaimed by the President] 
     proclaimed by a Presidential proclamation, with notice to 
     Congress, or by a concurrent resolution of Congress.
       Definitions of terms in section 103 of title 41 shall apply 
     to similar terms used in this section.
       For purposes of applying such definitions in this section, 
     the term ``war'' includes a specific authorization for the 
     use of the Armed Forces, as described in section 5(b) of the 
     War Powers Resolution (50 U.S.C. 1544(b)).

                           *   *   *   *   *


TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

                           *   *   *   *   *


CHAPTER 38--DEPARTMENT OF STATE

                           *   *   *   *   *


     Sec. 2696. Nondiscretionary personnel costs, currency 
       fluctuations, and other contingencies

     (a) * * *

                           *   *   *   *   *


     (b) * * *

                           *   *   *   *   *


       (1) * * *

                           *   *   *   *   *


       (7)(A) * * *

                           *   *   *   *   *

       [(D) The authorities contained in this section may only be 
     exercised to such an extent and in such amounts as 
     specifically provided for in advance in appropriations Acts.]
       (D) The authorities contained in this paragraph may be 
     exercised only with respect to funds appropriated or 
     otherwise made available after fiscal year 2008.

                           *   *   *   *   *


TITLE 26--INTERNAL REVENUE CODE

                           *   *   *   *   *


SUBTITLE F--PROCEDURE AND ADMINISTRATION

                           *   *   *   *   *


CHAPTER 76--JUDICIAL PROCEEDINGS

                           *   *   *   *   *


SUBCHAPTER C--THE TAX COURT

                           *   *   *   *   *


PART III--MISCELLANEOUS PROVISIONS

                           *   *   *   *   *


     Sec. 7472. Expenditures

       The Tax Court is authorized to make such expenditures 
     (including expenditures for personal services and rent at the 
     seat of Government and elsewhere, and for law books, books of 
     reference, and periodicals), as may be necessary efficiently 
     to execute the functions vested in the Tax Court. 
     Notwithstanding any other provision of law, the Tax Court is 
     authorized to pay on behalf of its judges, age 65 or over, 
     any increase in the cost of Federal Employees' Group Life 
     Insurance imposed after April 24, 1999, that is incurred 
     after the date of the enactment of the Pension Protection Act 
     of 2006, including any expenses generated by such payments, 
     as authorized by the chief judge in a manner consistent with 
     such payments authorized by the Judicial Conference of the 
     United States pursuant to section 604(a)(5) of title 28, 
     United States Code. Except as provided in section 7475, all 
     expenditures of the Tax Court shall be allowed and paid, out 
     of any moneys appropriated for purposes of the Tax Court, 
     upon presentation of itemized vouchers therefor signed by the 
     certifying officer designated by the chief judge.

                           *   *   *   *   *


TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

                           *   *   *   *   *


PART III--COURT OFFICERS AND EMPLOYEES

                           *   *   *   *   *


CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

                           *   *   *   *   *


     Sec. 604. Duties of Director generally

       (a) * * *
       (1) * * *

                           *   *   *   *   *

       (5) Fix the compensation of clerks of court, deputies, 
     librarians, criers, messengers, law clerks, secretaries, 
     stenographers, clerical assistants, and other employees of 
     the courts whose compensation is not otherwise fixed by law, 
     and, notwithstanding any other provision of law, pay on 
     behalf of Justices and judges of the United States appointed 
     to hold office during good behavior, bankruptcy judges 
     appointed under chapter 6 of title 28; territorial district 
     court judges appointed under section 24 of the Organic Act of 
     Guam (48 U.S.C. 1424b), section 1(b) of the Act of November 
     8, 1977 (48 U.S.C. 1821), or section 24(a) of the Revised 
     Organic Act of the Virgin Islands (48 U.S.C. 1614(a)); 
     bankruptcy judges retired under section 377 of title 28; and 
     judges retired under section 373 of title 28, aged 65 or 
     over, any increases in the cost of Federal Employees' Group 
     Life Insurance imposed after April 24, 1999, including any 
     expenses generated by such payments, as authorized by the 
     Judicial Conference of the United States;

                           *   *   *   *   *


TITLE 38--VETERANS' BENEFITS

                           *   *   *   *   *


PART III--READJUSTMENT AND RELATED BENEFITS

                           *   *   *   *   *


Chap.                                                          Sec.

                       *    *    *    *    ** * * * *

32. * * *
33. Post-9/11 Educational Assistance...........................3301....

                       *    *    *    *    ** * * * *


PART III--READJUSTMENT AND RELATED BENEFITS

                           *   *   *   *   *


CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

                           *   *   *   *   *


SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE

                           *   *   *   *   *


     Sec. 3015. Amount of basic educational assistance

       (a) * * *
       (1) for an approved program of education pursued on a full-
     time basis, at the monthly rate of--
       [(A) for months beginning on or after January 1, 2002, 
     $800;
       [(B) for months occurring during fiscal year 2003, $900;
       [(C) for months occurring during fiscal year 2004, $985; 
     and]
       (A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,321; and
       [(D)] (B) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the previous 
     fiscal year increased under subsection (h); or

                           *   *   *   *   *

       (b) * * *
       (1) for an approved program of education pursued on a full-
     time basis, at the monthly rate of--

[[Page 9531]]

       [(A) for months beginning on or after January 1, 2002, 
     $650;
       [(B) for months occurring during fiscal year 2003, $732;
       [(C) for months occurring during fiscal year 2004, $800; 
     and]
       (A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,073; and
       [(D)] (B) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the previous 
     fiscal year increased under subsection (h); or

                           *   *   *   *   *

       (h)(1) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase in the rates payable under 
     subsections (a)(1) and (b)(1) equal to the percentage by 
     which--
       [(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       [(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).]
       (A) the average cost of undergraduate tuition in the United 
     States, as determined by the National Center for Education 
     Statistics, for the last academic year preceding the 
     beginning of the fiscal year for which the increase is made, 
     exceeds
       (B) the average cost of undergraduate tuition in the United 
     States, as so determined, for the academic year preceding the 
     academic year described in subparagraph (A).

                           *   *   *   *   *


SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; 
GENERAL AND ADMINISTRATIVE PROVISIONS

                           *   *   *   *   *


     Sec. 3033. Bar to duplication of educational assistance 
       benefits

       (a)(1) An individual entitled to educational assistance 
     under a program established by this chapter who is also 
     eligible for educational assistance under a program under 
     chapter 31, 32, 33, or 35 of this title, under chapter 106 or 
     107 of title 10, or under the Hostage Relief Act of 1980 
     (Public Law 96-449; 5 U.S.C. 5561 note) may not receive 
     assistance under two or more of such programs concurrently 
     but shall elect (in such form and manner as the Secretary may 
     prescribe) under which program to receive educational 
     assistance.

                           *   *   *   *   *

       (c) An individual who serves in the Selected Reserve may 
     not receive credit for such service under [both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10] two or more of the programs 
     established by this chapter, chapter 33 of this title, and 
     chapters 1606 and 1607 of title 10 but shall elect (in such 
     form and manner as the Secretary may prescribe) the program 
     to which such service is to be credited.

                           *   *   *   *   *


              CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       subchapter i--definitions

Sec.
3301. Definitions.

                 subchapter ii--educational assistance

3311. Educational assistance for service in the Armed Forces commencing 
              on or after September 11, 2001: entitlement.
3312. Educational assistance: duration.
3313. Educational assistance: amount; payment.
3314. Tutorial assistance.
3315. Licensure and certification tests.
3316. Supplemental educational assistance: members with critical skills 
              or specialty; members serving additional service.
3317. Public-private contributions for additional educational 
              assistance.
3318. Additional assistance: relocation or travel assistance for 
              individual relocating or traveling significant distance 
              for pursuit of a program of education.

               subchapter iii--administrative provisions

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

                       SUBCHAPTER I--DEFINITIONS

     Sec. 3301. Definitions

       In this chapter:
       (1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       (A) In the case of members of the regular components of the 
     Armed Forces, the meaning given such term in section 
     101(21)(A) of this title.
       (B) In the case of members of the reserve components of the 
     Armed Forces, service on active duty under a call or order to 
     active duty under section 688, 12301(a), 12301(d), 12301(g), 
     12302, or 12304 of title 10.
       (2) The term `entry level and skill training' means the 
     following:
       (A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       (B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       (C) In the case of members of the Air Force, Basic Military 
     Training and Technical Training.
       (D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       (E) In the case of members of the Coast Guard, Basic 
     Training.
       (3) The term `program of education' has the meaning the 
     meaning given such term in section 3002 of this title, except 
     to the extent otherwise provided in section 3313 of this 
     title.
       (4) The term `Secretary of Defense' has the meaning given 
     such term in section 3002 of this title.

                 SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

       (a) Entitlement.--Subject to subsections (d) and (e), each 
     individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       (b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       (1) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty; or
       (ii) is discharged or released from active duty as 
     described in subsection (c).
       (2) An individual who--
       (A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       (B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       (3) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty for an aggregate of less than 
     36 months; or
       (ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       (4) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty for an aggregate of less than 
     30 months; or
       (ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       (5) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty for an aggregate of less than 
     24 months; or
       (ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       (6) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty for an aggregate of less than 
     18 months; or
       (ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       (7) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       (B) after completion of service described in subparagraph 
     (A)--
       (i) continues on active duty for an aggregate of less than 
     12 months; or
       (ii) before completion of service on active duty of an 
     aggregate of 12 months, is discharged or released from active 
     duty as described in subsection (c).
       (8) An individual who--
       (A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 90 days, but less than 6 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and

[[Page 9532]]

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

     Sec. 3312. Educational assistance: duration

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

     Sec. 3313. Educational assistance: amount; payment

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

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

       (2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       (d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subsection (c)(1)(A), and of similar amounts 
     payable under paragraphs (2) through (7) of subsection (c), 
     for pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       (2) Payment of the amount payable under subsection 
     (c)(1)(B), and of similar amounts

[[Page 9533]]

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

     Sec. 3314. Tutorial assistance

       (a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       (b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       (2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       (A) such benefits are essential to correct a deficiency of 
     the individual in such course; and
       (B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       (c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       (2) The amount provided an individual under this subsection 
     is in addition to the amounts of educational assistance paid 
     the individual under section 3313 of this title.
       (d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     Sec. 3315. Licensure and certification tests

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

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

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

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

       (a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).
       (b) Designation of Program.--The program under this section 
     shall be known as the `Yellow Ribbon G.I. Education 
     Enhancement Program'.
       (c) Agreements.--The Secretary shall enter into an 
     agreement with each college or university seeking to 
     participate in the program under this section. Each agreement 
     shall specify the following:
       (1) The manner (whether by direct grant, scholarship, or 
     otherwise) of the contributions to be made by the college or 
     university concerned.
       (2) The maximum amount of the contribution to be made by 
     the college or university concerned with respect to any 
     particular individual in any given academic year.
       (3) The maximum number of individuals for whom the college 
     or university concerned will make contributions in any given 
     academic year.

[[Page 9534]]

       (4) Such other matters as the Secretary and the college or 
     university concerned jointly consider appropriate.
       (d) Matching Contributions.--(1) In instances where the 
     educational assistance provided an individual under section 
     3313(c)(1)(A) of this title does not cover the full cost of 
     tuition and mandatory fees at a college or university, the 
     Secretary shall provide up to 50 percent of the remaining 
     costs for tuition and mandatory fees if the college or 
     university voluntarily enters into an agreement with the 
     Secretary to match an equal percentage of any of the 
     remaining costs for such tuition and fees.
       (2) Amounts available to the Secretary under section 
     3324(b) of this title for payment of the costs of this 
     chapter shall be available to the Secretary for purposes of 
     paragraph (1).
       (e) Outreach.--The Secretary shall make available on the 
     Internet website of the Department available to the public a 
     current list of the colleges and universities participating 
     in the program under this section. The list shall specify, 
     for each college or university so listed, appropriate 
     information on the agreement between the Secretary and such 
     college or university under subsection (c).

     Sec. 3318. Additional assistance: relocation or travel 
       assistance for individual relocating or traveling 
       significant distance for pursuit of a program of education

       (a) Additional Assistance.--Each individual described in 
     subsection (b) shall be paid additional assistance under this 
     section in the amount of $500.
       (b) Covered Individuals.--An individual described in this 
     subsection is any individual entitled to educational 
     assistance under this chapter--
       (1) who resides in a highly rural area (as determined by 
     the Bureau of the Census); and
       (2) who--
       (A) physically relocates a distance of at least 500 miles 
     in order to pursue a program of education for which the 
     individual utilizes educational assistance under this 
     chapter; or
       (B) travels by air to physically attend an institution of 
     higher education for pursuit of such a program of education 
     because the individual cannot travel to such institution by 
     automobile or other established form of transportation due to 
     an absence of road or other infrastructure.
       (c) Proof of Residence.--For purposes of subsection (b)(1), 
     an individual may demonstrate the individual's place of 
     residence utilizing any of the following:
       (1) DD Form 214, Certification of Release or Discharge from 
     Active Duty.
       (2) The most recent Federal income tax return.
       (3) Such other evidence as the Secretary shall prescribe 
     for purposes of this section.
       (d) Single Payment of Assistance.--An individual is 
     entitled to only one payment of additional assistance under 
     this section.
       (e) No Charge Against Entitlement.--Any amount paid an 
     individual under this section is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

                           *   *   *   *   *


               SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

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

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

     Sec. 3322. Bar to duplication of educational assistance 
       benefits

       (a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       (b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       (c) Service in Selected Reserve.--An individual who serves 
     in the Selected Reserve may receive credit for such service 
     under only one of this chapter, chapter 30 of this title, and 
     chapters 1606 and 1607 of title 10, and shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter such service is to be credited.
       (d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     August 1, 2009, coordination of entitlement to educational 
     assistance under this chapter, on the one hand, and such 
     chapters or provisions, on the other, shall be governed by 
     the provisions of section __03(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     Sec. 3323. Administration

       (a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       (2) In applying the provisions referred to in paragraph (1) 
     to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.
       (3) In applying section 3474 of this title to an individual 
     entitled to educational assistance under this chapter for 
     purposes of this section, the reference in such section 3474 
     to the term `educational assistance allowance' shall be 
     deemed to refer to educational assistance payable under 
     section 3313 of this title.
       (4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       (A) the first reference to the term `educational assistance 
     allowance' in such section 3482(g) shall be deemed to refer 
     to educational assistance payable under section 3313 of this 
     title; and
       (B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       (b) Information on Benefits.--(1) The Secretary of Veterans 
     Affairs shall provide the information described in paragraph 
     (2) to each member of the Armed Forces at such times as the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     shall jointly prescribe in regulations.
       (2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       (3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       (c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       (2) Any regulations prescribed by the Secretary of Defense 
     for purposes of this chapter shall apply uniformly across the 
     Armed Forces.

     Sec. 3324. Allocation of administration and costs

       (a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       (b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.

                           *   *   *   *   *


CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE

                           *   *   *   *   *


SUBCHAPTER IV--PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES

                           *   *   *   *   *


     Sec. 3485. Work-study allowance

       (a)(1) * * *

                           *   *   *   *   *

       (b) Notwithstanding any other provision of law, the 
     Secretary shall, subject to the provisions of subsection (e) 
     of this section, utilize, in connection with the activities 
     specified in subsection (a)(1) of this section, the service 
     of individuals who are pursuing programs of rehabilitation, 
     education, or training under chapter 30, 31, 32, 33, or 34 of 
     this title or chapter 106 of title 10, at a rate equal to at 
     least three-quarters of that required of a full-time student. 
     In carrying out this section, the Secretary, wherever 
     feasible, shall give priority to veterans with disabilities 
     rated at 30 percent or more for purposes of chapter 11 of 
     this title. In the event an individual ceases to be at least 
     a three-quarter-time student before completing such 
     agreement, the individual may, with the approval of the 
     Secretary, be permitted to complete such agreement.

                           *   *   *   *   *


[[Page 9535]]


       (e)(1) Subject to paragraph (2) of this subsection, the 
     Secretary may, notwithstanding any other provision of law, 
     enter into an agreement with an individual under this 
     section, or a modification of such an agreement, whereby the 
     individual agrees to perform services of the kind described 
     in clauses (A) through (E) of subsection (a)(1) of this 
     section and agrees that the Secretary shall, in lieu of 
     paying the work-study allowance payable for such services, as 
     provided in subsection (a) of this section, deduct the amount 
     of the allowance from the amount which the individual has 
     been determined to be indebted to the United States by virtue 
     of such individual's participation in a benefits program 
     under this chapter, chapter 30, 31, 32, 33, 35, or 36 of this 
     title, or chapter 106 of title 10 (other than an indebtedness 
     arising from a refund penalty imposed under section 2135 of 
     such title).

                           *   *   *   *   *


CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS

                           *   *   *   *   *


SUBCHAPTER I--STATE APPROVING AGENCIES

                           *   *   *   *   *


     Sec. 3674. Reimbursement of expenses

       (a)(1) * * *

                           *   *   *   *   *

       (4) The total amount made available under this section for 
     any fiscal year [may not exceed $13,000,000 or, for each of 
     fiscal years 2001 and 2002, $14,000,000, for fiscal year 
     2003, $14,000,000, for fiscal year 2004, $18,000,000, for 
     fiscal year 2005, $18,000,000, for fiscal year 2006, 
     $19,000,000, and for fiscal year 2007, $19,000,000. For any 
     fiscal year in which the total amount that would be made 
     available under this section would exceed the amount 
     applicable to that fiscal year under the preceding sentence 
     except for the provisions of this paragraph, the Secretary 
     shall provide that each agency shall receive the same 
     percentage of the amount applicable to that fiscal year under 
     the preceding sentence as the agency would have received of 
     the total amount that would have been made available without 
     the limitation of this paragraph] shall be $19,000,000.

                           *   *   *   *   *


SUBCHAPTER II--MISCELLANEOUS PROVISIONS

                           *   *   *   *   *


     Sec. 3688. Measurement of courses

       (a) For the purposes of this chapter and chapters 34 and 35 
     of this title--

                           *   *   *   *   *

       (b) The Secretary shall define part-time training in the 
     case of the types of courses referred to in subsection (a), 
     and shall define full-time and part-time training in the case 
     of all other types of courses pursued under this chapter, 
     chapter 30, 32, 33, or 35 of this title, or chapter 106 of 
     title 10.

                           *   *   *   *   *


     Sec. 3689. Approval requirements for licensing and 
       certification testing

       (a) In General.--
       (1) No payment may be made for a licensing or certification 
     test described in section 3452(b) or 3501(a)(5) of this title 
     unless the Secretary determines that the requirements of this 
     section have been met with respect to such test and the 
     organization or entity offering the test. The requirements of 
     approval for tests and organizations or entities offering 
     tests shall be in accordance with the provisions of this 
     chapter and chapters 30, 32, 33, 34, and 35 of this title and 
     with regulations prescribed by the Secretary to carry out 
     this section.

                           *   *   *   *   *

       (c) Requirements for Organizations or Entities Offering 
     Tests.--
       (1) Each organization or entity that is not an entity of 
     the United States, a State, or political subdivision of a 
     State, that offers a licensing or certification test for 
     which payment may be made under chapter 30, 32, 33, 34, or 35 
     of this title and that meets the following requirements, 
     shall be approved by the Secretary to offer such test:
       (A) * * *

                           *   *   *   *   *

       (G) The organization or entity furnishes to the Secretary 
     such information with respect to the test as the Secretary 
     requires to determine whether payment may be made for the 
     test under chapter 30, 32, 33, 34, or 35 of this title, 
     including personal identifying information, fee payment, and 
     test results. Such information shall be furnished in the form 
     prescribed by the Secretary.

                           *   *   *   *   *

       (d) Administration.--Except as otherwise specifically 
     provided in this section or chapter 30, 32, 33, 34, or 35 of 
     this title, in implementing this section and making payment 
     under any such chapter for a licensing or certification test, 
     the test is deemed to be a ``course'' and the organization or 
     entity that offers such test is deemed to be an 
     ``institution'' or ``educational institution'', respectively, 
     as those terms are applied under and for purposes of sections 
     3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685, 3690, 
     and 3696 of this title.
       (e) Professional Certification and Licensure Advisory 
     Committee.--
       (1) There is established within the Department a committee 
     to be known as the Professional Certification and Licensure 
     Advisory Committee (hereinafter in this section referred to 
     as the ``Committee'').
       (2) The Committee shall advise the Secretary with respect 
     to the requirements of organizations or entities offering 
     licensing and certification tests to individuals for which 
     payment for such tests may be made under chapter 30, 32, 33, 
     34, or 35 of this title, and such other related issues as the 
     Committee determines to be appropriate.

                           *   *   *   *   *


     Sec. 3690. Overcharges by educational institutions; 
       discontinuance of allowances; examination of records; false 
       or misleading statements


                overcharges by educational institutions

       (a) If the Secretary finds that an educational institution 
     has--

                           *   *   *   *   *

       (b)(1) * * *

                           *   *   *   *   *

       (3)(A) The Secretary may suspend educational assistance to 
     eligible veterans and eligible persons already enrolled, and 
     may disapprove the enrollment or reenrollment of any eligible 
     veteran or eligible person, in any course as to which the 
     Secretary has evidence showing a substantial pattern of 
     eligible veterans or eligible persons, or both, who are 
     receiving such assistance by virtue of their enrollment in 
     such course but who are not entitled to such assistance 
     because (i) the course approval requirements of this chapter 
     are not being met, or (ii) the educational institution 
     offering such course has violated one or more of the 
     recordkeeping or reporting requirements of this chapter or 
     chapter 30, 32, 33, 34, or 35 of this title.

                           *   *   *   *   *


     Sec. 3692. Advisory committee

       (a) There shall be a Veterans' Advisory Committee on 
     Education formed by the Secretary which shall be composed of 
     persons who are eminent in their respective fields of 
     education, labor, and management and of representatives of 
     institutions and establishments furnishing education to 
     eligible veterans or persons enrolled under chapter 30, 32, 
     33, or 35 of this title and chapter 1606 of title 10. The 
     committee shall also, to the maximum extent practicable, 
     include veterans representative of World War II, the Korean 
     conflict era, the post-Korean conflict era, the Vietnam era, 
     the post-Vietnam era, and the Persian Gulf War. The Assistant 
     Secretary of Education for Postsecondary Education (or such 
     other comparable official of the Department of Education as 
     the Secretary of Education may designate) and the Assistant 
     Secretary of Labor for Veterans' Employment and Training 
     shall be ex officio members of the advisory committee.
       (b) The Secretary shall consult with and seek the advice of 
     the committee from time to time with respect to the 
     administration of this chapter, chapters 30, 32, 33, and 35 
     of this title, and chapter 1606 of title 10. The committee 
     may make such reports and recommendations as it considers 
     desirable to the Secretary and the Congress.
       (c) The committee shall remain in existence until December 
     31, 2009.

                           *   *   *   *   *


     Sec. 3695. Limitation on period of assistance under two or 
       more programs

       (a) * * *
       (1) * * *

                           *   *   *   *   *

       [(4) Chapters 30, 32, 34, 35, and 36 of this title, and the 
     former chapter 33.]
       (4) Chapters 30, 32, 33, 34, 35, and 36 of this title.

                           *   *   *   *   *


     Sec. 3697. Funding of contract educational and vocational 
       counseling

       (a) Subject to subsection (b) of this section, educational 
     or vocational counseling services obtained by the Department 
     of Veterans Affairs by contract and provided to an individual 
     under section 3697A of this title or to an individual 
     applying for or receiving benefits under section 1524 or 
     chapter 30, 32, 33, 34, or 35 of this title, or chapter 106 
     of title 10, shall be paid for out of funds appropriated, or 
     otherwise available, to the Department of Veterans Affairs 
     for payment of readjustment benefits.

                           *   *   *   *   *


     Sec. 3697A. Educational and vocational counseling

       (a) * * *

                           *   *   *   *   *

       (b) For the purposes of this section, the term 
     ``individual'' means an individual who--
       (1) is eligible for educational assistance under chapter 
     30, 31, [or 32] 32, or 33 of this title or chapter 106 or 107 
     of title 10;

                           *   *   *   *   *


PART IV--GENERAL ADMINISTRATIVE PROVISIONS

                           *   *   *   *   *


          CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS

Sec.

[[Page 9536]]

5301. Nonassignability and exempt status of benefits.
5302. Waiver of recovery of claims by the United States
5302A. Collection of indebtedness: certain debts of members of the 
              Armed Forces and veterans who die of injury incurred or 
              aggravated in the line of duty in a combat zone.

                           *   *   *   *   *


     Sec.  5302. * * *

                           *   *   *   *   *


     Sec. 5302A. Collection of indebtedness: certain debts of 
       members of the Armed Forces and veterans who die of injury 
       incurred or aggravated in the line of duty in a combat zone

       (a) Limitation on Authority.--The Secretary may not collect 
     all or any part of an amount owed to the United States by a 
     member of the Armed Forces or veteran described in subsection 
     (b) under any program under the laws administered by the 
     Secretary, other than a program referred to in subsection 
     (c), if the Secretary determines that termination of 
     collection is in the best interest of the United States.
       (b) Covered Individuals.--A member of the Armed Forces or 
     veteran described in this subsection is any member or veteran 
     who dies as a result of an injury incurred or aggravated in 
     the line of duty while serving in a theater of combat 
     operations (as determined by the Secretary in consultation 
     with the Secretary of Defense) in a war or in combat against 
     a hostile force during a period of hostilities (as that term 
     is defined in section 1712A(a)(2)(B) of this title) after 
     September 11, 2001.
       (c) Inapplicability to Housing and Small Business Benefit 
     Programs.--The limitation on authority in subsection (a) 
     shall not apply to any amounts owed the United States under 
     any program carried out under chapter 37 of this title.

                           *   *   *   *   *


TITLE 42--THE PUBLIC HEALTH AND WELFARE

                           *   *   *   *   *


CHAPTER 6A--PUBLIC HEALTH SERVICE

                           *   *   *   *   *


SUBCHAPTER VI--NURSING WORKFORCE DEVELOPMENT

                           *   *   *   *   *


PART D--STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE

                           *   *   *   *   *


     Sec. 296p. Nurse education, practice, and retention grants

       (a) * * *

                           *   *   *   *   *


      SEC. 832. CAPITATION GRANTS.

       (a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       (b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       (c) Grant Computation.--
       (1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       (A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       (i) leads to a master's degree, a doctoral degree, or an 
     equivalent degree; and
       (ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       (B) $1,405 for each full-time or part-time student who--
       (i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       (ii) has not more than 3 years of academic credits 
     remaining in the program.
       (C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       (2) Limitation.--In calculating the amount of a grant to a 
     school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       (A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       (B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       (C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       (D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       (d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       (1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       (2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       (3) has a graduation rate (based on the number of students 
     in a class who graduate relative to, for a baccalaureate 
     program, the number of students who were enrolled in the 
     class at the beginning of junior year or, for an associate 
     degree program, the number of students who were enrolled in 
     the class at the end of the first year) of not less than 80 
     percent for each of the 3 academic years preceding submission 
     of the grant application.
       (e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       (1) The school will maintain a passage rate on the National 
     Council Licensure Examination for Registered Nurses of not 
     less than 80 percent.
       (2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       (3)(A) Subject to subparagraphs (B) and (C), the first-year 
     enrollment of full-time nursing students in the school will 
     exceed such enrollment for the preceding academic year by 5 
     percent or 5 students, whichever is greater.
       (B) Subparagraph (A) shall not apply to the first academic 
     year for which a school receives a grant under this section.
       (C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       (i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       (ii) the school has increased enrollment in the school (as 
     described in subparagraph (A)) for each of the 2 preceding 
     academic years.
       (4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       (A) Establishing or significantly expanding an accelerated 
     baccalaureate degree nursing program designed to graduate new 
     nurses in 12 to 18 months.
       (B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.
       (C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       (D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       (E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       (F) Increasing enrollment of minority and diverse student 
     populations.
       (G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       (H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       (I) Increasing integration of geriatric content into the 
     core curriculum.
       (J) Partnering with economically disadvantaged communities 
     to provide nursing education.
       (K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       (5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       (6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       (f) Reports to Congress.--The Secretary shall evaluate the 
     results of grants under this section and submit to Congress--
       (1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       (2) not later than September 30, 2010, a final report on 
     such results.
       (g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       (h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under

[[Page 9537]]

     section 833, there are authorized to be appropriated such 
     sums as may be necessary to carry out this section.

      SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

       (a) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the ``Domestic Nursing Enhancement Account.'' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(f) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       (b) Use of Funds.--Amounts collected under section 106(f) 
     of the American Competitiveness in the Twenty-first Century 
     Act of 2000, and deposited into the account established under 
     subsection (a) shall be used by the Secretary of Health and 
     Human Services to carry out section 832. Such amounts shall 
     be available for obligation only to the extent, and in the 
     amount, provided in advance in appropriations Acts. Such 
     amounts are authorized to remain available until expended.

                           *   *   *   *   *


                       CHAPTER 7--SOCIAL SECURITY

  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS

     Sec. 408. Penalties

       (a) In general

                           *   *   *   *   *

       (1) * * *

                           *   *   *   *   *

       (e) Application of subsection (a)(6) and (7) to certain 
     aliens--
       (1) Except as provided in paragraph (2), an alien--
       (A) whose status is adjusted to that of lawful temporary 
     resident under section 1160 or 1255a of title 8 or under 
     section 902 of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989,
       (B) whose status is adjusted to that of permanent 
     resident--
       (i) under section 202 of the Immigration Reform and Control 
     Act of 1986, or
       (ii) pursuant to section 1259 of title 8, [or]
       (C) who is granted special immigrant status under section 
     1101(a)(27)(I) of title 8, or
       (D) who is granted emergency agricultural worker status 
     under the Emergency Agriculture Relief Act of 2008,

     shall not be subject to prosecution for any alleged conduct 
     described in paragraph (6) or (7) of subsection (a) of this 
     section if such conduct is alleged to have occurred prior to 
     60 days after November 5, [1990.] 1990, or in the case of an 
     alien described in subparagraph (D), if such conduct is 
     alleged to have occurred before the date on which the alien 
     was granted emergency agricultural worker status.

                           *   *   *   *   *


     Sec. 414. Insured status for purposes of old-age and 
       survivors insurance benefits

       For the purposes of this subchapter--
       (a) * * *
       (1) * * *

                           *   *   *   *   *

       (d)(1) Except as provided in paragraph (2), for purposes of 
     subsections (a) and (b), no quarter of coverage shall be 
     credited for any calendar year beginning on or after January 
     1, 2004, with respect to an individual granted emergency 
     agricultural worker status under section 8011 of the 
     Emergency Agriculture Relief Act of 2008, unless the 
     Commissioner of Social Security determines, on the basis of 
     information provided to the Commissioner in accordance with 
     an agreement under subsection (e) or otherwise, that the 
     individual was authorized to be employed in the United States 
     during such quarter.
       (2) Paragraph (1) shall not apply to an individual who was 
     assigned a social security account number before January 1, 
     2004.
       (e) Not later than 180 days after the date of the enactment 
     of this subsection, the Secretary of Homeland Security shall 
     enter into an agreement with the Commissioner of Social 
     Security to provide such information as the Commissioner 
     determines necessary to carry out the limitation on crediting 
     quarters of coverage under subsection (d).

     Sec. 415. Computation of primary insurance amount

       For the purposes of this subchapter--
       (a) * * *

                           *   *   *   *   *

       (e) Certain Wages and Self-Employment Income not To Be 
     Counted.--For the purposes of subsections (b) and (d) of this 
     section--
       (1) in computing an individual's average indexed monthly 
     earnings or, in the case of an individual whose primary 
     insurance amount is computed under subsection (a) of this 
     section as in effect prior to January 1979, average monthly 
     wage, there shall not be counted the excess over $3,600 in 
     the case of any calendar year after 1950 and before 1955, the 
     excess over $4,200 in the case of any calendar year after 
     1954 and before 1959, the excess over $4,800 in the case of 
     any calendar year after 1958 and before 1966, the excess over 
     $6,600 in the case of any calendar year after 1965 and before 
     1968, the excess over $7,800 in the case of any calendar year 
     after 1967 and before 1972, the excess over $9,000 in the 
     case of any calendar year after 1971 and before 1973, the 
     excess over $10,800 in the case of any calendar year after 
     1972 and before 1974, the excess over $13,200 in the case of 
     any calendar year after 1973 and before 1975, and the excess 
     over an amount equal to the contribution and benefit base (as 
     determined under section 430 of this title) in the case of 
     any calendar year after 1974 with respect to which such 
     contribution and benefit base is effective, (before the 
     application, in the case of average indexed monthly earnings, 
     of subsection (b)(3)(A) of this section) of (A) the wages 
     paid to him in such year, plus (B) the self-employment income 
     credited to such year (as determined under section 412 of 
     this title); [and]
       (2) if an individual's average indexed monthly earnings or, 
     in the case of an individual whose primary insurance amount 
     is computed under subsection (a) of this section as in effect 
     prior to January 1979, average monthly wage, computed under 
     subsection (b) of this section or for the purposes of 
     subsection (d) of this section is not a multiple of $1, it 
     shall be reduced to the next lower multiple of $1[.]; and
       (3) in computing the average indexed monthly earnings of an 
     individual, wages or self-employment income shall not be 
     counted for any year for which no quarter of coverage may be 
     credited to such individual pursuant to section 214(d).

                           *   *   *   *   *


TITLE 49--TRANSPORTATION

                           *   *   *   *   *


                    SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

                           *   *   *   *   *


SUBPART III--SAFETY

                           *   *   *   *   *


CHAPTER 443--INSURANCE

                           *   *   *   *   *


     Sec. 44302. General authority

       (a) * * *

                           *   *   *   *   *

       (b) Reimbursement of Insurance Cost Increases.--

                           *   *   *   *   *

       (f) Extension of Policies.--
       (1) In general.--The Secretary shall extend through [August 
     31, 2008,] August 31, 2009, and may extend through [December 
     31, 2008,] December 31, 2009, the termination date of any 
     insurance policy that the Department of Transportation issued 
     to an air carrier under subsection (a) and that is in effect 
     on the date of enactment of this subsection on no less 
     favorable terms to the air carrier than existed on June 19, 
     2002; except that the Secretary shall amend the insurance 
     policy, subject to such terms and conditions as the Secretary 
     may prescribe, to add coverage for losses or injuries to 
     aircraft hulls, passengers, and crew at the limits carried by 
     air carriers for such losses and injuries as of such date of 
     enactment and at an additional premium comparable to the 
     premium charged for third-party casualty coverage under such 
     policy.

                           *   *   *   *   *


     Sec. 44303. Coverage

       (a) * * *

                           *   *   *   *   *

       (b) Air Carrier Liability for Third Party Claims Arising 
     Out of Acts of Terrorism.--For acts of terrorism committed on 
     or to an air carrier during the period beginning on September 
     22, 2001, and ending on [December 31, 2008,] December 31, 
     2009, the Secretary may certify that the air carrier was a 
     victim of an act of terrorism and in the Secretary's 
     judgment, based on the Secretary's analysis and conclusions 
     regarding the facts and circumstances of each case, shall not 
     be responsible for losses suffered by third parties (as 
     referred to in section 205.5(b)(1) of title 14, Code of 
     Federal Regulations) that exceed $100,000,000, in the 
     aggregate, for all claims by such parties arising out of such 
     act. If the Secretary so certifies, the air carrier shall not 
     be liable for an amount that exceeds $100,000,000, in the 
     aggregate, for all claims by such parties arising out of such 
     act, and the Government shall be responsible for any 
     liability above such amount. No punitive damages may be 
     awarded against an air carrier (or the Government taking 
     responsibility for an air carrier under this subsection) 
     under a cause of action arising out of such act. The 
     Secretary may extend the provisions of this subsection to an 
     aircraft manufacturer (as defined in section 44301) of the 
     aircraft of the air carrier involved.

                           *   *   *   *   *


SOCIAL SECURITY ACT

                           *   *   *   *   *


TITLE XVIII--HEALTH INSURANCE FOR THE AGED AND DISABLED

                           *   *   *   *   *


     Sec. 1848. * * *

       (l) * * *

                           *   *   *   *   *

       (1) * * *

                           *   *   *   *   *


[[Page 9538]]


       (2) Funding.--
       (A) Amount available.--
       (i) * * *

                           *   *   *   *   *


       (III) For expenditures during 2013, an amount equal to 
     [$4,960,000,000] $3,940,000,000.

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

       (ii) Limitations on expenditures.--

       (I) * * *

                           *   *   *   *   *

       (III) 2013.--The amount available for expenditures during 
     2013 shall only be available for an adjustment to the update 
     of the conversion factor under subsection (d) for that year.

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

       (B) Timely obligation of all available funds for 
     services.--The Secretary shall provide for expenditures from 
     the Fund in a manner designed to provide (to the maximum 
     extent feasible) for the obligation of the entire amount 
     available for expenditures, after application of subparagraph 
     (A)(ii), during--
       (i) * * *
       (ii) 2009 for payment with respect to physicians' services 
     furnished during 2009; [and]
       (iii) 2013 for payment with respect to physicians' services 
     furnished during 2013[.]; and
       (iv) 2014 for payment with respect to physicians' services 
     furnished during 2014.

                           *   *   *   *   *


Part E--Miscellaneous Provisions

                           *   *   *   *   *



health care infrastructure improvement program

                           *   *   *   *   *


       Sec. 1897. * * *

                           *   *   *   *   *

       (i) Limitation on Review.--There shall be no administrative 
     or judicial review of any determination made by the Secretary 
     under this section.


                       medicare improvement fund

       Sec. 1898. (a) Establishment.--The Secretary shall 
     establish under this title a Medicare Improvement Fund (in 
     this section referred to as the ``Fund'') which shall be 
     available to the Secretary to make improvements under the 
     original fee-for-service program under parts A and B for 
     individuals entitled to, or enrolled for, benefits under part 
     A or enrolled under part B.
       (b) Funding.--
       (1) In general.--There shall be available to the Fund, for 
     expenditures from the Fund for services furnished during 
     fiscal year 2014, $3,340,000,000.
       (2) Payment from trust funds.--The amount specified under 
     paragraph (1) shall be available to the Fund, as expenditures 
     are made from the Fund, from the Federal Hospital Insurance 
     Trust Fund and the Federal Supplementary Medical Insurance 
     Trust Fund in such proportion as the Secretary determines 
     appropriate.
       (3) Funding limitation.--Amounts in the Fund shall be 
     available in advance of appropriations but only if the total 
     amount obligated from the Fund does not exceed the amount 
     available to the Fund under paragraph (1). The Secretary may 
     obligate funds from the Fund only if the Secretary determines 
     (and the Chief Actuary of the Centers for Medicare & Medicaid 
     Services and the appropriate budget officer certify) that 
     there are available in the Fund sufficient amounts to cover 
     all such obligations incurred consistent with the previous 
     sentence.

                           *   *   *   *   *



               LIMITATION ON CERTAIN PHYSICIAN REFERRALS

       Sec. 1877. (a) Prohibition of certain referrals.--

                           *   *   *   *   *

       (d) Additional Exceptions Related Only to Ownership or 
     Investment Prohibition.--The following, if not otherwise 
     excepted under subsection (b), shall not be considered to be 
     an ownership or investment interest described in subsection 
     (a)(2)(A):
       (1) Hospitals in puerto rico.--In the case of designated 
     health services provided by a hospital located in Puerto 
     Rico.
       (2) Rural providers.--In the case of designated health 
     services furnished in a rural area (as defined in section 
     1395ww(d)(2)(D) of this title) by an entity, if--
       (A) substantially all of the designated health services 
     furnished by the entity are furnished to individuals residing 
     in such a rural area; [and]
       (B) effective for the 18-month period beginning on December 
     8, 2003, the entity is not a specialty hospital (as defined 
     in subsection (h)(7) of this section)[.]; and
       (C) in the case where the entity is a hospital, the 
     hospital meets the requirements of paragraph (3)(D).
       (3) Hospital ownership.--In the case of designated health 
     services provided by a hospital (other than a hospital 
     described in paragraph (1)) if--
       (A) the referring physician is authorized to perform 
     services at the hospital;
       (B) effective for the 18-month period beginning on December 
     8, 2003, the hospital is not a specialty hospital (as defined 
     in subsection (h)(7) of this section); [and]
       (C) the ownership or investment interest is in the hospital 
     itself (and not merely in a subdivision of the hospital)[.]; 
     and
       (D) the hospital meets the requirements described in 
     subsection (i)(1) not later than 18 months after the date of 
     the enactment of this subparagraph.

                           *   *   *   *   *

       (i) Requirements for Hospitals To Qualify for Hospital 
     Exception to Ownership or Investment Prohibition.--
       (1) Requirements described.--For purposes of subsection 
     (d)(3)(D), the requirements described in this paragraph for a 
     hospital are as follows:
       (A) Provider agreement.--The hospital had--
       (i) physician ownership on September 1, 2008; and
       (ii) a provider agreement under section 1866 in effect on 
     such date.
       (B) Limitation on expansion of facility capacity.--Except 
     as provided in paragraph (3), the number of operating rooms, 
     procedure rooms, and beds of the hospital at any time on or 
     after the date of the enactment of this subsection are no 
     greater than the number of operating rooms, procedure rooms, 
     and beds as of such date.
       (C) Preventing conflicts of interest.--
       (i) The hospital submits to the Secretary an annual report 
     containing a detailed description of--

       (I) the identity of each physician owner and any other 
     owners of the hospital; and
       (II) the nature and extent of all ownership interests in 
     the hospital.

       (ii) The hospital has procedures in place to require that 
     any referring physician owner discloses to the patient being 
     referred, by a time that permits the patient to make a 
     meaningful decision regarding the receipt of care, as 
     determined by the Secretary--

       (I) the ownership interest of such referring physician in 
     the hospital; and
       (II) if applicable, any such ownership interest of the 
     treating physician.

       (iii) The hospital does not condition any physician 
     ownership interests either directly or indirectly on the 
     physician owner making or influencing referrals to the 
     hospital or otherwise generating business for the hospital.
       (iv) The hospital discloses the fact that the hospital is 
     partially owned by physicians--

       (I) on any public website for the hospital; and
       (II) in any public advertising for the hospital.

       (D) Ensuring bona fide investment.--
       (i) Physician owners in the aggregate do not own more than 
     the greater of--

       (I) 40 percent of the total value of the investment 
     interests held in the hospital or in an entity whose assets 
     include the hospital; or
       (II) the percentage of such total value determined on the 
     date of enactment of this subsection.

       (ii) Any ownership or investment interests that the 
     hospital offers to a physician owner are not offered on more 
     favorable terms than the terms offered to a person who is not 
     a physician owner.
       (iii) The hospital (or any investors in the hospital) does 
     not directly or indirectly provide loans or financing for any 
     physician owner investments in the hospital.
       (iv) The hospital (or any investors in the hospital) does 
     not directly or indirectly guarantee a loan, make a payment 
     toward a loan, or otherwise subsidize a loan, for any 
     individual physician owner or group of physician owners that 
     is related to acquiring any ownership interest in the 
     hospital.
       (v) Investment returns are distributed to each investor in 
     the hospital in an amount that is directly proportional to 
     the ownership interest of such investor in the hospital.
       (vi) Physician owners do not receive, directly or 
     indirectly, any guaranteed receipt of or right to purchase 
     other business interests related to the hospital, including 
     the purchase or lease of any property under the control of 
     other investors in the hospital or located near the premises 
     of the hospital.
       (vii) The hospital does not offer a physician owner the 
     opportunity to purchase or lease any property under the 
     control of the hospital or any other investor in the hospital 
     on more favorable terms than the terms offered to an 
     individual who is not a physician owner.
       (E) Patient safety.--
       (i) Insofar as the hospital admits a patient and does not 
     have any physician available on the premises to provide 
     services during all hours in which the hospital is providing 
     services to such patient, before admitting the patient--

       (I) the hospital discloses such fact to a patient; and
       (II) following such disclosure, the hospital receives from 
     the patient a signed acknowledgment that the patient 
     understands such fact.

       (ii) The hospital has the capacity to--

       (I) provide assessment and initial treatment for patients; 
     and
       (II) refer and transfer patients to hospitals with the 
     capability to treat the needs of the patient involved.

       (F) Limitation on application to certain converted 
     facilities.--The hospital was not converted from an 
     ambulatory surgical center to a hospital on or after the date 
     of enactment of this subsection.
       (2) Publication of information reported.--The Secretary 
     shall publish, and update on an annual basis, the information 
     submitted by hospitals under paragraph (1)(C)(i) on the 
     public Internet website of the Centers for Medicare & 
     Medicaid Services.
       (3) Exception to prohibition on expansion of facility 
     capacity.--
       (A) Process.--

[[Page 9539]]

       (i) Establishment.--The Secretary shall establish and 
     implement a process under which an applicable hospital (as 
     defined in subparagraph (E)) may apply for an exception from 
     the requirement under paragraph (1)(B).
       (ii) Opportunity for community input.--The process under 
     clause (i) shall provide individuals and entities in the 
     community that the applicable hospital applying for an 
     exception is located with the opportunity to provide input 
     with respect to the application.
       (iii) Timing for implementation.--The Secretary shall 
     implement the process under clause (i) on November 1, 2009.
       (iv) Regulations.--Not later than November 1, 2009, the 
     Secretary shall promulgate regulations to carry out the 
     process under clause (i).
       (B) Frequency.--The process described in subparagraph (A) 
     shall permit an applicable hospital to apply for an exception 
     up to once every 2 years.
       (C) Permitted increase.--
       (i) In general.--Subject to clause (ii) and subparagraph 
     (D), an applicable hospital granted an exception under the 
     process described in subparagraph (A) may increase the number 
     of operating rooms, procedure rooms, and beds of the 
     applicable hospital above the baseline number of operating 
     rooms, procedure rooms, and beds of the applicable hospital 
     (or, if the applicable hospital has been granted a previous 
     exception under this paragraph, above the number of operating 
     rooms, procedure rooms, and beds of the hospital after the 
     application of the most recent increase under such an 
     exception).
       (ii) Lifetime 100 percent increase limitation.--The 
     Secretary shall not permit an increase in the number of 
     operating rooms, procedure rooms, and beds of an applicable 
     hospital under clause (i) to the extent such increase would 
     result in the number of operating rooms, procedure rooms, and 
     beds of the applicable hospital exceeding 200 percent of the 
     baseline number of operating rooms, procedure rooms, and beds 
     of the applicable hospital.
       (iii) Baseline number of operating rooms, procedure rooms, 
     and beds.--In this paragraph, the term `baseline number of 
     operating rooms, procedure rooms, and beds' means the number 
     of operating rooms, procedure rooms, and beds of the 
     applicable hospital as of the date of enactment of this 
     subsection.
       (D) Increase limited to facilities on the main campus of 
     the hospital.--Any increase in the number of operating rooms, 
     procedure rooms, and beds of an applicable hospital pursuant 
     to this paragraph may only occur in facilities on the main 
     campus of the applicable hospital.
       (E) Applicable hospital.--In this paragraph, the term 
     ``applicable hospital'' means a hospital--
       (i) that is located in a county in which the percentage 
     increase in the population during the most recent 5-year 
     period (as of the date of the application under subparagraph 
     (A)) is at least 150 percent of the percentage increase in 
     the population growth of the State in which the hospital is 
     located during that period, as estimated by Bureau of the 
     Census;
       (ii) whose annual percent of total inpatient admissions 
     that represent inpatient admissions under the program under 
     title XIX is equal to or greater than the average percent 
     with respect to such admissions for all hospitals located in 
     the county in which the hospital is located;
       (iii) that does not discriminate against beneficiaries of 
     Federal health care programs and does not permit physicians 
     practicing at the hospital to discriminate against such 
     beneficiaries;
       (iv) that is located in a State in which the average bed 
     capacity in the State is less than the national average bed 
     capacity; and
       (v) that has an average bed occupancy rate that is greater 
     than the average bed occupancy rate in the State in which the 
     hospital is located.
       (F) Procedure rooms.--In this subsection, the term 
     `procedure rooms' includes rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed, 
     except such term shall not include emergency rooms or 
     departments (exclusive of rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed).
       (G) Publication of final decisions.--Not later than 60 days 
     after receiving a complete application under this paragraph, 
     the Secretary shall publish in the Federal Register the final 
     decision with respect to such application.
       (H) Limitation on review.--There shall be no administrative 
     or judicial review under section 1869, section 1878, or 
     otherwise of the process under this paragraph (including the 
     establishment of such process).
       (4) Collection of ownership and investment information.--
     For purposes of subparagraphs (A)(i) and (D)(i) of paragraph 
     (1), the Secretary shall collect physician ownership and 
     investment information for each hospital.
       (5) Physician owner defined.--For purposes of this 
     subsection, the term `physician owner' means a physician (or 
     an immediate family member of such physician) with a direct 
     or an indirect ownership interest in the hospital.

                           *   *   *   *   *


TITLE XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS

                           *   *   *   *   *



                   STATE PLANS FOR MEDICAL ASSISTANCE

       Sec. 1902. (a) A State plan for medical assistance must--* 
     * *

                           *   *   *   *   *

       (69) provide that the State must comply with any 
     requirements determined by the Secretary to be necessary for 
     carrying out the Medicaid Integrity Program established under 
     section 1936; [and]
       (70) at the option of the State and notwithstanding 
     paragraphs (1), (10)(B), and (23), provide for the 
     establishment of a non-emergency medical transportation 
     brokerage program in order to more cost-effectively provide 
     transportation for individuals eligible for medical 
     assistance under the State plan who need access to medical 
     care or services and have no other means of transportation 
     which--
       (A) may include a wheelchair van, taxi, stretcher car, bus 
     passes and tickets, secured transportation, and such other 
     transportation as the Secretary determines appropriate; and
       (B) may be conducted under contract with a broker who--
       (i) is selected through a competitive bidding process based 
     on the State's evaluation of the broker's experience, 
     performance, references, resources, qualifications, and 
     costs;
       (ii) has oversight procedures to monitor beneficiary access 
     and complaints and ensure that transport personnel are 
     licensed, qualified, competent, and courteous;
       (iii) is subject to regular auditing and oversight by the 
     State in order to ensure the quality of the transportation 
     services provided and the adequacy of beneficiary access to 
     medical care and services; and
       (iv) complies with such requirements related to 
     prohibitions on referrals and conflict of interest as the 
     Secretary shall establish (based on the prohibitions on 
     physician referrals under section 1877 and such other 
     prohibitions and requirements as the Secretary determines to 
     be appropriate)[.]; and
       (71) provide that the State will implement an asset 
     verification program as required under section 1940.

                           *   *   *   *   *



                           PAYMENT TO STATES

       Sec. 1903. (a) From the sums appropriated therefor, the 
     Secretary (except as otherwise provided in this section) 
     shall pay to each State which has a plan approved under this 
     title, for each quarter, beginning with the quarter 
     commencing January 1, 1966--

                           *   *   *   *   *

       (i) Payment under the preceding provisions of this section 
     shall not be made--

                           *   *   *   *   *

       (1) * * *

                           *   *   *   *   *

       (22) with respect to amounts expended for medical 
     assistance for an individual who declares under section 
     1137(d)(1)(A) to be a citizen or national of the United 
     States for purposes of establishing eligibility for benefits 
     under this title, unless the requirement of subsection (x) is 
     met; [or]
       (23) with respect to amounts expended for medical 
     assistance for covered outpatient drugs (as defined in 
     section 1927(k)(2)) for which the prescription was executed 
     in written (and non-electronic) form unless the prescription 
     was executed on a tamper-resistant pad[.]; or
       (24) if a State is required to implement an asset 
     verification program under section 1940 and fails to 
     implement such program in accordance with such section, with 
     respect to amounts expended by such State for medical 
     assistance for individuals subject to asset verification 
     under such section, unless--
       (A) the State demonstrates to the Secretary's satisfaction 
     that the State made a good faith effort to comply;
       (B) not later than 60 days after the date of a finding that 
     the State is in noncompliance, the State submits to the 
     Secretary (and the Secretary approves) a corrective action 
     plan to remedy such noncompliance; and
       (C) not later than 12 months after the date of such 
     submission (and approval), the State fulfills the terms of 
     such corrective action plan.

                           *   *   *   *   *

       Sec. 1927. (a) Requirement for Rebate Agreement.

                           *   *   *   *   *

       (c) Determination of Amount of Rebate.--
       (1) Basic rebate for single source drugs and innovator 
     multiple source drugs.--
       (A) In general.--Except as provided in paragraph (2), the 
     amount of the rebate specified in this subsection for a 
     rebate period (as defined in subsection (k)(8)) with respect 
     to each dosage form and strength of a single source drug or 
     an innovator multiple source drug shall be equal to the 
     product of--

                           *   *   *   *   *

       (D) Limitation on sales at a nominal price.--
       (i) In general.--For purposes of subparagraph (C)(ii)(III) 
     and subsection (b)(3)(A)(iii)(III), only sales by a 
     manufacturer of covered outpatient drugs at nominal prices to 
     the following shall be considered to be sales at a nominal 
     price or merely nominal in amount:

       (I) A covered entity described in section 340B(a)(4) of the 
     Public Health Service Act.
       (II) An intermediate care facility for the mentally 
     retarded.
       (III) A State-owned or operated nursing facility.

[[Page 9540]]

       (IV) An entity that--

       (aa) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Act or is State-owned or operated; and
       (bb) would be a covered entity described in section 
     340(B)(a)(4) of the Public Health Service Act insofar as the 
     entity provides the same type of services to the same type of 
     populations as a covered entity described in such section 
     provides, but does not receive funding under a provision of 
     law referred to in such section.

       (V) A public or nonprofit entity, or an entity based at an 
     institution of higher learning whose primary purpose is to 
     provide health care services to students of that institution, 
     that provides a service or services described under section 
     1001(a) of the Public Health Service Act.

       [(IV)] (VI) Any other facility or entity that the Secretary 
     determines is a safety net provider to which sales of such 
     drugs at a nominal price would be appropriate based on the 
     factors described in clause (ii).

                           *   *   *   *   *


       (iv) Rule of construction.--Nothing in this subparagraph 
     shall be construed to alter any existing statutory or 
     regulatory prohibition on services with respect to an entity 
     described in subclause (IV) or (V) of clause (i), including 
     the prohibition set forth in section 1008 of the Public 
     Health Service Act.

                           *   *   *   *   *



                      health opportunity accounts

         references to laws directly affecting medicaid program

       Sec. 1939. (a) Authority or Requirements To Cover 
     Additional Individuals.--For provisions of law which make 
     additional individuals eligible for medical assistance under 
     this title, see the following:


  asset verification through access to information held by financial 
                              institutions

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

       (I) 12.5 percent by the end of fiscal year 2009.
       (II) 25 percent by the end of fiscal year 2010.
       (III) 50 percent by the end of fiscal year 2011.
       (IV) 75 percent by the end of fiscal year 2012.
       (V) 100 percent by the end of fiscal year 2013.

       (B) Consideration.--In selecting States under subparagraph 
     (A)(ii), the Secretary shall consult with the States involved 
     and take into account the feasibility of implementing asset 
     verification programs in each such State.
       (C) States specified.--The States specified in this 
     subparagraph are California, New York, and New Jersey.
       (D) Construction.--Nothing in subparagraph (A)(ii) shall be 
     construed as preventing a State from requesting, and the 
     Secretary approving, the implementation of an asset 
     verification program in advance of the deadline otherwise 
     established under such subparagraph.
       (4) Exemption of territories.--This section shall only 
     apply to the 50 States and the District of Columbia.
       (b) Asset Verification Program.--
       (1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which a State--
       (A) requires each applicant for, or recipient of, medical 
     assistance under the State plan under this title on the basis 
     of being aged, blind, or disabled to provide authorization by 
     such applicant or recipient (and any other person whose 
     resources are required by law to be disclosed to determine 
     the eligibility of the applicant or recipient for such 
     assistance) for the State to obtain (subject to the cost 
     reimbursement requirements of section 1115(a) of the Right to 
     Financial Privacy Act of 1978 but at no cost to the applicant 
     or recipient) from any financial institution (within the 
     meaning of section 1101(1) of such Act) any financial record 
     (within the meaning of section 1101(2) of such Act) held by 
     the institution with respect to the applicant or recipient 
     (and such other person, as applicable), whenever the State 
     determines the record is needed in connection with a 
     determination with respect to such eligibility for (or the 
     amount or extent of) such medical assistance; and
       (B) uses the authorization provided under subparagraph (A) 
     to verify the financial resources of such applicant or 
     recipient (and such other person, as applicable), in order to 
     determine or redetermine the eligibility of such applicant or 
     recipient for medical assistance under the State plan.
       (2) Program described.--A program described in this 
     paragraph is a program for verifying individual assets in a 
     manner consistent with the approach used by the Commissioner 
     of Social Security under section 1631(e)(1)(B)(ii).
       (c) Duration of Authorization.--Notwithstanding section 
     1104(a)(1) of the Right to Financial Privacy Act of 1978, an 
     authorization provided to a State under subsection (b)(1)(A) 
     shall remain effective until the earliest of--
       (1) the rendering of a final adverse decision on the 
     applicant's application for medical assistance under the 
     State's plan under this title;
       (2) the cessation of the recipient's eligibility for such 
     medical assistance; or
       (3) the express revocation by the applicant or recipient 
     (or such other person described in subsection (b)(1)(A), as 
     applicable) of the authorization, in a written notification 
     to the State.
       (d) Treatment of Right to Financial Privacy Act 
     Requirements.--
       (1) An authorization obtained by the State under subsection 
     (b)(1) shall be considered to meet the requirements of the 
     Right to Financial Privacy Act of 1978 for purposes of 
     section 1103(a) of such Act, and need not be furnished to the 
     financial institution, notwithstanding section 1104(a) of 
     such Act.
       (2) The certification requirements of section 1103(b) of 
     the Right to Financial Privacy Act of 1978 shall not apply to 
     requests by the State pursuant to an authorization provided 
     under subsection (b)(1).
       (3) A request by the State pursuant to an authorization 
     provided under subsection (b)(1) is deemed to meet the 
     requirements of section 1104(a)(3) of the Right to Financial 
     Privacy Act of 1978 and of section 1102 of such Act, relating 
     to a reasonable description of financial records.
       (e) Required Disclosure.--The State shall inform any person 
     who provides authorization pursuant to subsection (b)(1)(A) 
     of the duration and scope of the authorization.
       (f) Refusal or Revocation of Authorization.--If an 
     applicant for, or recipient of, medical assistance under the 
     State plan under this title (or such other person described 
     in subsection (b)(1)(A), as applicable) refuses to provide, 
     or revokes, any authorization made by the applicant or 
     recipient (or such other person, as applicable) under 
     subsection (b)(1)(A) for the State to obtain from any 
     financial institution any financial record, the State may, on 
     that basis, determine that the applicant or recipient is 
     ineligible for medical assistance.
       (g) Use of Contractor.--For purposes of implementing an 
     asset verification program under this section, a State may 
     select and enter into a contract with a public or private 
     entity meeting such criteria and qualifications as the State 
     determines appropriate, consistent with requirements in 
     regulations relating to general contracting provisions and 
     with section 1903(i)(2). In carrying out activities under 
     such contract, such an entity shall be subject to the same 
     requirements and limitations on use and disclosure of 
     information as would apply if the State were to carry out 
     such activities directly.
       (h) Technical Assistance.--The Secretary shall provide 
     States with technical assistance to aid in implementation of 
     an asset verification program under this section.
       (i) Reports.--A State implementing an asset verification 
     program under this section shall furnish to the Secretary 
     such reports concerning the program, at such times, in such 
     format, and containing such information as the Secretary 
     determines appropriate.
       (j) Treatment of Program Expenses.--Notwithstanding any 
     other provision of law, reasonable expenses of States in 
     carrying out the program under this section shall be treated, 
     for purposes of section 1903(a), in the same manner as State 
     expenditures specified in paragraph (7) of such section.

                           *   *   *   *   *


OMNIBUS CONSOLIDATED RESCISSIONS AND APPROPRIATIONS ACT OF 1996, PUBLIC 
LAW 104-134

                           *   *   *   *   *


SUPPLEMENTAL APPROPRIATIONS ACT OF 1996

                           *   *   *   *   *


                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                      ENERGY AND WATER DEVELOPMENT

Subchapter A--United States Enrichment Corporation Privatization

                           *   *   *   *   *


     SEC. 3102. DEFINITIONS.

       [For purposes] Except as provided in section 3112A, for 
     purposes of this subchapter:

                           *   *   *   *   *


     SEC. 3112. URANIUM TRANSFERS AND SALES.

       (a) Transfers and Sales by the Secretary.--[The Secretary] 
     Except as provided in section 3112A(d), the Secretary shall 
     not provide enrichment services or transfer or sell

[[Page 9541]]

     any uranium (including natural uranium concentrates, natural 
     uranium hexafluoride, or enriched uranium in any form) to any 
     person except as consistent with this section.

                           *   *   *   *   *

       (f) Savings Provision.--Nothing in this subchapter shall be 
     read to modify the terms of the Russian HEU Agreement.

     SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY 
                   ENRICHED URANIUM BY THE RUSSIAN FEDERATION.

       (a) Definitions.--In this section:
       (1) Completion of the russian heu agreement.--The term 
     ``completion of the Russian HEU Agreement'' means the 
     importation into the United States from the Russian 
     Federation pursuant to the Russian HEU Agreement of uranium 
     derived from the downblending of not less than 500 metric 
     tons of highly enriched uranium of weapons origin.
       (2) Downblending.--The term ``downblending'' means 
     processing highly enriched uranium into a uranium product in 
     any form in which the uranium contains less than 20 percent 
     uranium-235.
       (3) Highly enriched uranium.--The term ``highly enriched 
     uranium'' has the meaning given that term in section 3102(4).
       (4) Highly enriched uranium of weapons origin.--The term 
     ``highly enriched uranium of weapons origin'' means highly 
     enriched uranium that--
       (A) contains 90 percent or more uranium-235; and
       (B) is verified by the Secretary of Energy to be of weapons 
     origin.
       (5) Low-enriched uranium.--The term ``low-enriched 
     uranium'' means a uranium product in any form, including 
     uranium hexafluoride (UF6) and uranium oxide 
     (UO2), in which the uranium contains less than 20 
     percent uranium-235, without regard to whether the uranium is 
     incorporated into fuel rods or complete fuel assemblies.
       (6) Russian heu agreement.--The term ``Russian HEU 
     Agreement'' has the meaning given that term in section 
     3102(11).
       (7) Uranium-235.--The term ``uranium-235'' means the 
     isotope \235\U.
       (b) Statement of Policy.--It is the policy of the United 
     States to support the continued downblending of highly 
     enriched uranium of weapons origin in the Russian Federation 
     in order to protect the essential security interests of the 
     United States with respect to the nonproliferation of nuclear 
     weapons.
       (c) Promotion of Downblending of Russian Highly Enriched 
     Uranium.--
       (1) Incentives for the completion of the russian heu 
     agreement.--Prior to the completion of the Russian HEU 
     Agreement, the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation and is not imported pursuant to the 
     Russian HEU Agreement may not exceed the following amounts:
       (A) In each of the calendar years 2008 and 2009, not more 
     than 22,500 kilograms.
       (B) In each of the calendar years 2010 and 2011, not more 
     than 45,000 kilograms.
       (C) In calendar year 2012 and each calendar year thereafter 
     through the calendar year of the completion of the Russian 
     HEU Agreement, not more than 67,500 kilograms.
       (2) Incentives to continue downblending russian highly 
     enriched uranium after the completion of the russian heu 
     agreement.--
       (A) In general.--In each calendar year beginning after the 
     calendar year of the completion of the Russian HEU Agreement 
     and before the termination date described in paragraph (8), 
     the importation into the United States of low-enriched 
     uranium, including low-enriched uranium obtained under 
     contracts for separative work units, that is produced in the 
     Russian Federation, whether or not such low-enriched uranium 
     is derived from highly enriched uranium of weapons origin, 
     may not exceed 400,000 kilograms.
       (B) Additional imports.--
       (i) In general.--In addition to the amount authorized to be 
     imported under subparagraph (A) and except as provided in 
     clause (ii), 20 kilograms of low-enriched uranium, whether or 
     not such low-enriched uranium is derived from highly enriched 
     uranium of weapons origin, may be imported for every 3 
     kilograms of Russian highly enriched uranium of weapons 
     origin that was downblended in the preceding calendar year, 
     subject to the verification of the Secretary of Energy under 
     paragraph (10).
       (ii) Maximum annual imports.--Not more than 200,000 
     kilograms of low-enriched uranium may be imported in a 
     calendar year under clause (i).
       (3) Exception with respect to initial cores.--The import 
     limitations described in paragraphs (1) and (2) shall not 
     apply to low-enriched uranium produced in the Russian 
     Federation that is imported into the United States for use in 
     the initial core of a new nuclear reactor.
       (4) Annual adjustment.--
       (A) In general.--Beginning in the second calendar year 
     after the calendar year of the completion of the Russian HEU 
     Agreement, the Secretary of Energy shall increase or decrease 
     the amount of low-enriched uranium that may be imported in a 
     calendar year under paragraph (2) (including the amount of 
     low-enriched uranium that may be imported for each kilogram 
     of highly enriched uranium downblended under paragraph 
     (2)(B)(i)) by a percentage equal to the percentage increase 
     or decrease, as the case may be, in the average amount of 
     uranium loaded into nuclear power reactors in the United 
     States in the most recent 3-calendar-year period for which 
     data are available, as reported by the Energy Information 
     Administration of the Department of Energy, compared to the 
     average amount of uranium loaded into such reactors during 
     the 3-calendar-year period beginning on January 1, 2011, as 
     reported by the Energy Information Administration.
       (B) Publication of adjustments.--As soon as practicable, 
     but not later than July 31 of each calendar year, the 
     Secretary of Energy shall publish in the Federal Register the 
     amount of low-enriched uranium that may be imported in the 
     current calendar year after the adjustment under subparagraph 
     (A).
       (5) Authority for additional adjustment.--In addition to 
     the annual adjustment under paragraph (4), the Secretary of 
     Commerce may adjust the import limitations under paragraph 
     (2)(A) for a calendar year if the Secretary--
       (A) in consultation with the Secretary of Energy, 
     determines that the available supply of low-enriched uranium 
     from the Russian Federation and the available stockpiles of 
     uranium of the Department of Energy are insufficient to meet 
     demand in the United States in the following calendar year; 
     and
       (B) notifies Congress of the adjustment not less than 45 
     days before making the adjustment.
       (6) Equivalent quantities of low-enriched uranium 
     imports.--
       (A) In general.--The import limitations described in 
     paragraphs (1) and (2) are expressed in terms of uranium 
     containing 4.4 percent uranium-235 and a tails assay of 0.3 
     percent.
       (B) Adjustment for other uranium.--Imports of low-enriched 
     uranium under paragraphs (1) and (2) shall count against the 
     import limitations described in such paragraphs in amounts 
     calculated as the quantity of low-enriched uranium containing 
     4.4 percent uranium-235 necessary to equal the total amount 
     of uranium-235 contained in such imports.
       (7) Downblending of other highly enriched uranium.--
       (A) In general.--The downblending of highly enriched 
     uranium not of weapons origin may be counted for purposes of 
     paragraph (2)(B) or (8)(B), subject to verification under 
     paragraph (10), if the Secretary of Energy determines that 
     the highly enriched uranium to be downblended poses a risk to 
     the national security of the United States.
       (B) Equivalent quantities of highly enriched uranium.--For 
     purposes of determining the additional low-enriched uranium 
     imports allowed under paragraph (2)(B) and for purposes of 
     paragraph (8)(B), highly enriched uranium not of weapons 
     origin downblended pursuant to subparagraph (A) shall count 
     as downblended highly enriched uranium of weapons origin in 
     amounts calculated as the quantity of highly enriched uranium 
     containing 90 percent uranium-235 necessary to equal the 
     total amount of uranium-235 contained in the highly enriched 
     uranium not of weapons origin downblended pursuant to 
     subparagraph (A).
       (8) Termination of import restrictions after downblending 
     of an additional 300 metric tons of highly enriched 
     uranium.--The provisions of this subsection shall terminate 
     on the later of--
       (A) December 31, 2020; or
       (B) the date on which the Secretary of Energy certifies to 
     Congress that, after the completion of the Russian HEU 
     Agreement, not less than an additional 300 metric tons of 
     Russian highly enriched uranium of weapons origin have been 
     downblended.
       (9) Special rule if importation under russian heu agreement 
     terminates early.--Notwithstanding any other provision of 
     law, no low-enriched uranium produced in the Russian 
     Federation that is not derived from highly enriched uranium 
     of weapons origin, including low-enriched uranium obtained 
     under contracts for separative work units, may be imported 
     into the United States if, before the completion of the 
     Russian HEU Agreement, the Secretary of Energy determines 
     that the Russian Federation has taken deliberate action to 
     disrupt or halt the importation into the United States of 
     low-enriched uranium under the Russian HEU Agreement.
       (10) Technical verifications by secretary of energy.--
       (A) In general.--The Secretary of Energy shall verify the 
     origin, quantity, and uranium-235 content of the highly 
     enriched uranium downblended for purposes of paragraphs 
     (2)(B), (7), and (8)(B).
       (B) Methods of verification.--In conducting the 
     verification required under subparagraph (A), the Secretary 
     of Energy shall employ the transparency measures provided for 
     in the Russian HEU Agreement for monitoring the downblending 
     of Russian highly enriched uranium of weapons origin and such 
     other methods as the Secretary determines appropriate.
       (11) Enforcement of import limitations.--The Secretary of 
     Commerce shall be responsible for enforcing the import 
     limitations imposed under this subsection and shall enforce 
     such import limitations in a manner that imposes a minimal 
     burden on the commercial nuclear industry.
       (12) Effect on other agreements.--
       (A) Russian heu agreement.--Nothing in this section shall 
     be construed to modify the terms of the Russian HEU 
     Agreement, including the provisions of the Agreement relating 
     to the amount of low-enriched uranium that may be imported 
     into the United States.

[[Page 9542]]

       (B) Other agreements.--If a provision of any agreement 
     between the United States and the Russian Federation, other 
     than the Russian HEU Agreement, relating to the importation 
     of low-enriched uranium into the United States conflicts with 
     a provision of this section, the provision of this section 
     shall supersede the provision of the agreement to the extent 
     of the conflict.
       (d) Downblending of Highly Enriched Uranium in the United 
     States.--The Secretary of Energy may sell uranium in the 
     jurisdiction of the Secretary, including downblended highly 
     enriched uranium, at fair market value to a licensed operator 
     of a nuclear reactor in the United States--
       (1) in the event of a disruption in the nuclear fuel supply 
     in the United States; or
       (2) after a determination of the Secretary under subsection 
     (c)(9) that the Russian Federation has taken deliberate 
     action to disrupt or halt the importation into the United 
     States of low-enriched uranium under the Russian HEU 
     Agreement.

                           *   *   *   *   *


AMERICAN COMPETITVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000, PUBLIC 
LAW 106-313

                           *   *   *   *   *


     TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

     SEC. 101. * * *

                           *   *   *   *   *


     SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY 
                   ADJUDICATIONS.

       (a) * * *

                           *   *   *   *   *

       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act and 
     any such visa that is made available due to the difference 
     between the number of employment-based visas that were made 
     available in fiscal year 1994, 1996, 1997, 1998, 2001, 2002, 
     2003, [or 2004] 2004, or 2006 and the number of such visas 
     that were actually used in such fiscal year [shall be 
     available only to employment-based immigrants (and their 
     family members accompanying or following to join under 
     section 203(d) of such Act (8 U.S.C. 1153(d))) whose 
     immigrant worker petitions were approved based on schedule A, 
     as defined in section 656.5 of title 20, Code of Federal 
     Regulations, as promulgated by the Secretary of Labor.] shall 
     be available only to--
       (A) an employment-based immigrant under paragraph (1), (2), 
     (3)(A)(i), or (3)(A)(ii) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)), except for 
     employment-based immigrants whose petitions are or have been 
     approved based on Schedule A, Group I as defined in section 
     656.5 of title 20, Code of Federal Regulations; or
       (B) a spouse or child accompanying or following to join 
     such an employment-based immigrant under section 203(d) of 
     such Act (8 U.S.C. 1153(d)).
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal [years 1999 through 2004] year 1994 and each 
     subsequent fiscal year and the number of such visas that were 
     actually used in such fiscal years.
       (B)[(i)] Reduction.--The number described in subparagraph 
     (A) shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       [(ii) Maximum.--The total number of visas made available 
     under paragraph (1) from unused visas from the fiscal years 
     2001 through 2004 may not exceed 50,000.]

                           *   *   *   *   *

       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).
       (4) Employment-based visa recapture fee.--A fee shall be 
     paid in connection with any petition seeking an employment-
     based immigrant visa number recaptured under paragraph (1), 
     known as the Employment-Based Visa Recapture Fee, in the 
     amount of $1500. Such Fee may not be charged for a dependent 
     accompanying or following to join such employment-based 
     immigrant.
       (e) Visa Shortage Relief for Nurses and Physical 
     Therapists.--
       (1) In general.--Subject to paragraph (2), for petitions 
     filed during the period beginning on the date of the 
     enactment of the Emergency Nursing Supply Relief Act and 
     ending on September 30, 2011, for employment-based immigrants 
     (and their family members accompanying or following to join 
     under section 203(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(d)), which are or have been approved based on 
     Schedule A, Group I as defined in section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor, the numerical limitations set forth in sections 
     201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) 
     shall not apply.
       (2) Limitation on number of visas.--The Secretary of State 
     may not issue more than 20,000 immigrant visa numbers in any 
     one fiscal year (plus any available visa numbers under this 
     paragraph not used during the preceding fiscal year) to 
     principal beneficiaries of petitions pursuant to paragraph 
     (1).
       (3) Expedited review.--The Secretary of Homeland Security 
     shall provide a process for reviewing and acting upon 
     petitions with respect to immigrants described in paragraph 
     (1) not later than 30 days after the date on which a 
     completed petition has been filed.
       (f) Fee for Use of Visas Under Subsection (a).--
       (1) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     provided under subsection (e) to provide employment for an 
     alien as a professional nurse, except that--
       (A) such fee shall be in the amount of $1,500 for each such 
     alien nurse (but not for dependents accompanying or following 
     to join who are not professional nurses); and
       (B) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--
       (i) the employer is a health care facility that is located 
     in a county or parish that received individual and public 
     assistance pursuant to Major Disaster Declaration number 1603 
     or 1607; or
       (ii) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).
       (2) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to paragraph (1) shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.

                           *   *   *   *   *


  SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000, 
PUBLIC LAW 106-393

                           *   *   *   *   *


TITLE II--SPECIAL PROJECTS ON FEDERAL LANDS

                           *   *   *   *   *


     SEC. 208. TERMINATION OF AUTHORITY.

       The authority to initiate projects under this title shall 
     terminate on September 30, [2007] 2008. Any project funds not 
     obligated by September 30, [2008] 2009, shall be deposited in 
     the Treasury of the United States.

TITLE III--COUNTY PROJECTS

                           *   *   *   *   *


     SEC. 303. TERMINATION OF AUTHORITY.

                           *   *   *   *   *


       The authority to initiate projects under this title shall 
     terminate on September 30, [2007] 2008. Any county funds not 
     obligated by September 30, [2008] 2009 shall be available to 
     be expended by the county for the uses identified in section 
     302(b).

                           *   *   *   *   *


            DEFICIT REDUCTION ACT, 2005, PUBLIC LAW 109-171

TITLE III--DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY

                           *   *   *   *   *


     Sec. 3008. LOW-POWER TELEVISION AND TRANSLATOR DIGITAL-TO-
                   ANALOG CONVERSION.

       (a) Creation of Program.--
       (1) In general.--The Assistant Scretary shall make payments 
     of not to exceed $10,000,000, in the aggregate, during the 
     fiscal year 2008 and 2009 period from the Digital Television 
     Transition and Public Safety Fund established under section 
     309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(8)(E)) to implement and administer a program through 
     which each eligible low-power television station may receive 
     compensation toward the cost of the purchase of a digital-to-
     analog conversion device that enables it to convert the 
     incoming digital signal of its corresponding full-power 
     television station to analog format for transmission on the 
     low-power television station's analog channel. An eligible 
     low-power television station may receive such compensation 
     only if it submits a request for such compensation on or 
     before February 17, 2009. Priority compensation shall be 
     given to eligible low-power television stations in which the 
     license is held by a non-profit corporation and eligible low-
     power television stations that serve rural areas of fewer 
     than 10,000 viewers.
       (2) Use of funds.--As soon as practicable after the date of 
     enactment of this Act, the Assistant Secretary shall make a 
     determination, which the Assistant Secretary may adjust from 
     time to time, with respect to whether the full amount 
     provided under paragraph (1) will be needed for payments 
     under that paragraph. If the Assistant Secretary determines 
     that the full amount will not be needed for payments 
     authorized by paragraph (1), the Assistant Secretary

[[Page 9543]]

     may use the remaining amount for consumer education and 
     technical assistance regarding the digital television 
     transition and the availability of the digital-to-analog 
     converter box program (in addition to any amounts expended 
     for such purpose under 3005(c)(2)(A) of this title), 
     including partnering with, providing grants to, and 
     contracting with non-profit organizations or public interest 
     groups in achieving these efforts. If the Assistant Secretary 
     initiates such an education program, the Assistant Secretary 
     shall develop a plan to address the educational and technical 
     assistance needs of vulnerable populations, such as senior 
     citizens, individuals residing in rural and remote areas, and 
     minorities, including, where appropriate, education plans 
     focusing on the need for analog pass-through digital 
     converter boxes in areas served by low power or translator 
     stations, and shall consider the speed with which these 
     objectives can be accomplished to the greatest public 
     benefit.

                           *   *   *   *   *


     Sec. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE 
                   PROGRAM.

       (a) Establishment.--The Assistant Secretary shall make 
     payments of not to exceed $65,000,000, in the aggregate, 
     during [fiscal year 2009] fiscal years 2009 through 2012 from 
     the Digital Television Transition and Public Safety Fund 
     established under section 309(j)(8)(E) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and 
     administer a program through which each licensee of an 
     eligible low-power television station may receive 
     reimbursement for equipment to upgrade low-power television 
     stations from analog to digital in eligible rural 
     communities, as that term is defined in section 610(b)(2) of 
     the Rural Electrification Act of 1937 (7 U.S.C. 950bb(b)(2)). 
     Such reimbursements shall be issued to eligible stations [no 
     earlier than October 1, 2010] on or after February 18, 2009. 
     Priority reimbursements shall be given to eligible low-power 
     television stations in which the license is held by a non-
     profit corporation and eligible low-power television stations 
     that serve rural areas of fewer than 10,000 viewers.

                           *   *   *   *   *


CONSOLIDATED APPROPRIATIONS ACT, 2004, PUBLIC LAW 108-199

                           *   *   *   *   *


 DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
AGENCIES APPROPRIATIONS, 2004

                           *   *   *   *   *


TITLE VI--GENERAL PROVISIONS

                           *   *   *   *   *


       Sec. 627. The Departments of Commerce, Justice, State, the 
     Judiciary, and the Small Business Administration shall each 
     establish a policy under which eligible employees may 
     participate in telecommuting to the maximum extent possible 
     without diminished employee performance: Provided, That, not 
     later than 6 months after the date of the enactment of this 
     Act, each of the aforementioned entities shall provide that 
     the requirements of this section are applied to 100 percent 
     of the workforce: Provided further, That, of the funds 
     appropriated in this Act for the Departments of Commerce, 
     Justice, and State, the Judiciary, and the Small Business 
     Administration, $200,000 shall be available to each 
     Department or agency only to implement telecommuting 
     programs: Provided further, That, every 6 months, each 
     Department or agency shall provide a report to the Committees 
     on Appropriations on the status of telecommuting programs, 
     including the number of Federal employees eligible for, and 
     participating in, such programs, and uses of funds designated 
     under this section: Provided further, That each Department or 
     agency shall [designate a ``Telework Coordinator'' to be] 
     appoint a Telework Managing Officer to be responsible for 
     overseeing the implementation of telecommuting programs and 
     serve as a point of contact on such programs for the 
     Committees on Appropriations.

                           *   *   *   *   *


CONSOLIDATED APPROPRIATIONS ACT, 2005, PUBLIC LAW 108-447

                           *   *   *   *   *


DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                           *   *   *   *   *


TITLE VI--GENERAL PROVISIONS

                           *   *   *   *   *


       Sec. 622. The Departments of Commerce, Justice, State, the 
     Judiciary, the Securities and Exchange Commission and the 
     Small Business Administration shall, not later than two 
     months after the date of the enactment of this Act, certify 
     that telecommuting opportunities are made available to 100 
     percent of the eligible workforce: Provided, That, of the 
     total amounts appropriated to the Departments of Commerce, 
     Justice, State, the Judiciary, the Securities and Exchange 
     Commission and the Small Business Administration, $5,000,000 
     shall be available only upon such certification: Provided 
     further, That each Department or agency shall provide 
     quarterly reports to the Committees on Appropriations on the 
     status of telecommuting programs, including the number of 
     Federal employees eligible for, and participating in, such 
     programs: Provided further, That each Department or agency 
     shall [designate a ``Telework Coordinator'' to be] appoint a 
     Telework Managing Officer to be responsible for overseeing 
     the implementation and operations of telecommuting programs, 
     and serve as a point of contact on such programs for the 
     Committees on Appropriations.

                           *   *   *   *   *


FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006, PUBLIC LAW 
109-282

                           *   *   *   *   *


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Funding 
     Accountability and Transparency Act of 2006''.

     SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL 
                   FUNDING.

       (a) * * *

                           *   *   *   *   *

       (b) In General.--
       (1) Website.--Not later than January 1, 2008, the Office of 
     Management and Budget shall, in accordance with this section, 
     section 204 of the E-Government Act of 2002 (Public Law 107-
     347; 44 U.S.C. 3501 note), and the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403 et seq.), ensure the 
     existence and operation of a single searchable website, 
     accessible by the public at no cost to access, that includes 
     for each Federal award--
       (A) * * *

                           *   *   *   *   *

       (E) a unique identifier of the entity receiving the award 
     and of the parent entity of the recipient, should the entity 
     be owned by another entity; [and]
       (F) the names and total compensation of the five most 
     highly compensated officers of the entity if--
       (i) the entity in the preceding fiscal year received--

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

       (ii) the public does not have access to information about 
     the compensation of the senior executives of the entity 
     through periodic reports filed under section 13(a) or 15(d) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 
     78o(d)) or section 6104 of the Internal Revenue Code of 1986.
       [(F)] (G) any other relevant information specified by the 
     Office of Management and Budget.

                           *   *   *   *   *


   U.S. TROOP READINESS, VETERANS' CARE, KATRINA RECOVERY, AND IRAQ 
ACCOUNTABILITY APPROPRIATIONS ACT, 2007, PUBLIC LAW 110-28

                           *   *   *   *   *


 TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS

                           *   *   *   *   *


       Sec. 7002. (a) Prohibition.--
       (1) Limitation on secretarial authority.--Notwithstanding 
     any other provision of law, the Secretary of Health and Human 
     Services shall not, [prior to the date that is 1 year after 
     the date of enactment of this Act] prior to April 1, 2009, 
     take any action (through promulgation of regulation, issuance 
     of regulatory guidance, or other administrative action) to--
       (A) finalize or otherwise implement provisions contained in 
     the proposed rule published on January 18, 2007, on pages 
     2236 through 2248 of volume 72, Federal Register (relating to 
     parts 433, 447, and 457 of title 42, Code of Federal 
     Regulations) or in the final regulation, relating to such 
     parts, published on May 29, 2007 (72 Federal Register 29748);
       (B) promulgate or implement any rule or provisions similar 
     to the provisions described in subparagraph (A) pertaining to 
     the Medicaid program established under title XIX of the 
     Social Security Act or the State Children's Health Insurance 
     Program established under title XXI of such Act; or
       (C) promulgate or implement any rule or provisions 
     restricting payments for graduate medical education under the 
     Medicaid program, including the proposed regulation published 
     on May 23, 2007 (72 Federal Register 28930).

                           *   *   *   *   *


              TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF

                     Subtitle A--Fair Minimum Wage

     SEC. 8101. * * *

                           *   *   *   *   *


     [SEC. 8104. STUDY ON PROJECTED IMPACT.

       [(a) Study.--Beginning on the date that is 60 days after 
     the date of enactment of this Act, the Secretary of Labor 
     shall, through the Bureau of Labor Statistics, conduct a 
     study to--
       [(1) assess the impact of the wage increases required by 
     this Act through such date; and
       [(2) project the impact of any further wage increase, [on 
     living standards and rates of employment in American Samoa 
     and the Commonwealth of the Northern Mariana Islands.

[[Page 9544]]

       [(b) Report.--Not later than the date that is 8 months 
     after the date of enactment of this Act, the Secretary of 
     Labor shall transmit to Congress a report on the findings of 
     the study required by subsection (a).]

     SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM 
                   WAGE INCREASES.

       (a) Study.--Beginning on the date that is 60 days after the 
     date of enactment of this Act, and every year thereafter 
     until the minimum wage in the respective territory is $7.25 
     per hour, the Government Accountability Office shall conduct 
     a study to--
       (1) assess the impact of the minimum wage increases that 
     occurred in American Samoa and the Commonwealth of the 
     Northern Mariana Islands in 2007 and 2008, as required under 
     Public Law 110-28, on the rates of employment and the living 
     standards of workers, with full consideration of the other 
     factors that impact rates of employment and the living 
     standards of workers such as inflation in the cost of food, 
     energy, and other commodities; and
       (2) estimate the impact of any further wage increases on 
     rates of employment and the living standards of workers in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands, with full consideration of the other factors that 
     may impact the rates of employment and the living standards 
     of workers, including assessing how the profitability of 
     major private sector firms may be impacted by wage increases 
     in comparison to other factors such as energy costs and the 
     value of tax benefits.
       (b) Report.--No earlier than March 15, 2009, and not later 
     than April 15, 2009, the Government Accountability Office 
     shall transmit its first report to Congress concerning the 
     findings of the study required under subsection (a). The 
     Government Accountability Office shall transmit any 
     subsequent reports to Congress concerning the findings of a 
     study required by subsection (a) between March 15 and April 
     15 of each year.
       (c) Economic Information.--To provide sufficient economic 
     data for the conduct of the study under subsection (a)--
       (1) the Department of Labor shall include and separately 
     report on American Samoa and the Commonwealth of the Northern 
     Mariana Islands in its household surveys and establishment 
     surveys;
       (2) the Bureau of Economic Analysis of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its gross domestic product data; and
       (3) the Bureau of the Census of the Department of Commerce 
     shall include and separately report on American Samoa and the 
     Commonwealth of the Northern Mariana Islands in its 
     population estimates and demographic profiles from the 
     American Community Survey, with the same regularity and to 
     the same extent as the Department or each Bureau collects and 
     reports such data for the 50 States. In the event that the 
     inclusion of American Samoa and the Commonwealth of the 
     Northern Mariana Islands in such surveys and data 
     compilations requires time to structure and implement, the 
     Department of Labor, the Bureau of Economic Analysis, and the 
     Bureau of the Census (as the case may be) shall in the 
     interim annually report the best available data that can 
     feasibly be secured with respect to such territories. Such 
     interim reports shall describe the steps the Department or 
     the respective Bureau will take to improve future data 
     collection in the territories to achieve comparability with 
     the data collected in the United States. The Department of 
     Labor, the Bureau of Economic Analysis, and the Bureau of the 
     Census, together with the Department of the Interior, shall 
     coordinate their efforts to achieve such improvements.

                           *   *   *   *   *


   TMA, ABSTINENCE EDUCATION, AND QI PROGRAMS EXTENSION ACT OF 2007, 
PUBLIC LAW 110-90

                           *   *   *   *   *


     [SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION 
                   PROJECT TO THE MEDICAID PROGRAM.

       [(a) In General.--Beginning on October 1, 2007, and ending 
     on September 30, 2012, the Secretary of Health and Human 
     Services shall provide for the application to asset 
     eligibility determinations under the Medicaid program under 
     title XIX of the Social Security Act of the automated, 
     secure, web-based asset verification request and response 
     process being applied for determining eligibility for 
     benefits under the Supplemental Security Income (SSI) program 
     under title XVI of such Act under a demonstration project 
     conducted under the authority of section 1631(e)(1)(B)(ii) of 
     such Act (42 U.S.C. 1383(e)(1)(B)(ii)).
       [(b) Limitation.--Such application shall only extend to 
     those States in which such demonstration project is operating 
     and only for the period in which such project is otherwise 
     provided.
       [(c) Rules of Application.--For purposes of carrying out 
     subsection (a), notwithstanding any other provision of law, 
     information obtained from a financial institution that is 
     used for purposes of eligibility determinations under such 
     demonstration project with respect to the Secretary of Health 
     and Human Services under the SSI program may also be shared 
     and used by States for purposes of eligibility determinations 
     under the Medicaid program. In applying section 
     1631(e)(1)(B)(ii) of the Social Security Act under this 
     subsection, references to the Commissioner of Social Security 
     and benefits under title XVI of such Act shall be treated as 
     including a reference to a State described in subsection (b) 
     and medical assistance under title XIX of such Act provided 
     by such a State.]

                           *   *   *   *   *


   DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2008, PUBLIC LAW 110-116

DIVISION A--DEPARTMENT OF DEFENSE, 2008

                           *   *   *   *   *


                               TITLE VIII

GENERAL PROVISIONS

                           *   *   *   *   *


       Sec. 8122. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $11,630,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2008.

                           *   *   *   *   *


       (c)(1) * * *

                           *   *   *   *   *


       (3) * * *
       (4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the ``Mine Resistant 
     Ambush Protected Vehicle Fund''.

                           *   *   *   *   *


MEDICARE, MEDICAID, AND SCHIP EXTENSION ACT OF 2007, PUBLIC LAW 110-173

                           *   *   *   *   *


     SEC. 206. MORATORIUM ON CERTAIN PAYMENT RESTRICTIONS.

         Notwithstanding any other provision of law, the Secretary 
     of Health and Human Services shall not, prior to [June 30, 
     2008] April 1, 2009, take any action (through promulgation of 
     regulation, issuance of regulatory guidance, use of Federal 
     payment audit procedures, or other administrative action, 
     policy, or practice, including a Medical Assistance Manual 
     transmittal or letter to State Medicaid directors) to impose 
     any restrictions relating to coverage or payment under title 
     XIX of the Social Security Act for rehabilitation services, 
     including the proposed regulation published on August 13, 
     2007 (72 Federal Register 45201), or school-based 
     administration and school-based transportation, including the 
     final regulation published on December 28, 2007 (72 Federal 
     Register 73635), if such restrictions are more restrictive in 
     any aspect than those applied to such areas as of July 1, 
     2007.

                           *   *   *   *   *


  NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008, PUBLIC LAW 
110-181

                           *   *   *   *   *


                      TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

                           *   *   *   *   *


     SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2008.

       (a) * * *

                           *   *   *   *   *

       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $1,031,000 
     for the Civil Budget.
       (2) Of the amount provided in section 301(1), 
     [$362,159,000] $435,259,000 for the Military Budget.

                           *   *   *   *   *


[[Page 9545]]



                       COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Committee
                                                                                                                                       recommendation
       Doc. No.                                                                      Supplemental estimate        Committee            compared with
                                                                                                                recommendation     supplemental estimate
                                                                                                                                          (+ or ^)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                TITLE I
 
                        OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL
                                                MATTERS
 
                                               CHAPTER 1
 
                                       DEPARTMENT OF AGRICULTURE
 
                                      Foreign Agricultural Service
 
               110-68 Public Law 480 Title II Grants (emergency)                                350,000                850,000               +500,000
              110-108     Advance appropriation, fiscal year 2009 (emergency                    395,000                395,000   .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 1                                                    745,000              1,245,000               +500,000
                                Emergency appropriations, fiscal year 2008                     (350,000)              (850,000)             (+500,000)
                                Advance appropriation, fiscal year 2009                        (395,000)              (395,000)  .....................
                                 (emergency)
                                                                                  ======================================================================
 
                                               CHAPTER 2
 
                                         DEPARTMENT OF JUSTICE
 
                                         General Administration
 
                      Office of Inspector General (emergency)                      .....................                 4,000                 +4,000
 
                                            Legal Activities
 
                                        General Legal Activities
 
                110-3 Salaries and expenses (emergency)                                           4,093                  1,648                 -2,445
 
                                        United States Attorneys
 
                110-3 Salaries and expenses (emergency)                                           5,000                  5,000   .....................
 
                                     United States Marshals Service
 
                110-3 Salaries and expenses (emergency)                                          14,921                 18,621                 +3,700
                                                                                  ----------------------------------------------------------------------
                            Total, Legal activities                                              24,014                 25,269                 +1,255
 
                                    Federal Bureau of Investigation
 
                110-3 Salaries and expenses (emergency)                                         101,122                164,965                +63,843
              110-108     Advance appropriation, fiscal year 2009 (emergency)                    39,062                 82,600                +43,538
                                                                                  ----------------------------------------------------------------------
                            Total, Federal Bureau of Investigation                              140,184                247,565               +107,381
 
                                    Drug Enforcement Administration
 
                110-3 Salaries and expenses (emergency)                                           8,468                 22,666                +14,198
 
                          Bureau of Alcohol, Tobacco, Firearms and Explosives
 
                110-3 Salaries and expenses (emergency)                                           4,000                  4,000   .....................
 
                                         Federal Prison System
 
                110-3 Salaries and expenses (emergency)                                           9,100                  9,100   .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 2                                                    185,766                312,600               +126,834
                                (Emergency appropriations)                                      146,704                230,000                +83,296
                                (Advance appropriation, fiscal year 2009)                        39,062                 82,600                +43,538
                                                                                  ======================================================================
 
                                               CHAPTER 3
 
                                         DEPARTMENT OF DEFENSE
 
        110-3, 110-68 Military construction, Army (emergency)                                 1,440,750              1,170,200               -270,550
        110-3, 110-68 Military construction, Navy and Marine Corps (emergency)                  237,505                300,084                +62,579
               110-68 Military construction, Air Force (emergency)                              305,000                361,900                +56,900
               110-68 Military construction, Defense-Wide (emergency)                            27,600                 27,600   .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Active components                                          2,010,855              1,859,784               -151,071
 
                                             Family Housing
 
                110-3 Family housing construction, Navy and Marine Corps                         11,766                 11,766   .....................
                       (emergency)
               110-68 Base realignment and closure account, 2005 (emergency)                    415,910              1,202,886               +786,976
                                                                                  ----------------------------------------------------------------------
                            Total, Department of Defense                                      2,438,531              3,074,436               +635,905
 
                                     DEPARTMENT OF VETERANS AFFAIRS
 
                                      Departmental Administration
 
                      General Operating Expenses (emergency)                       .....................               100,000               +100,000
                      Information Technology Systems (emergency)                   .....................                20,000                +20,000
                      Construction, major (emergency)                              .....................               437,100               +437,100
                                                                                  ----------------------------------------------------------------------
                            Total, Departmental Administration                     .....................               557,100               +557,100
 
                                           General Provisions
 
                      Sec. 1301 Child development centers, Army (emergency)        .....................                70,600                +70,600
                      Sec. 1302 Child development centers, Navy (emergency)        .....................                89,820                +89,820
                      Sec. 1303 Child development centers, Air Force (emergency)   .....................                 8,100                 +8,100
                      Sec. 1304 Barracks improvements (emergency)                  .....................               200,000               +200,000
                                                                                  ----------------------------------------------------------------------
                            Total, General Provisions                              .....................               368,520               +368,520
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 3                                                  2,438,531              4,000,056             +1,561,525
                                                                                  ======================================================================
                                               CHAPTER 4
 
                       SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
                                                  2008
 
                                          DEPARTMENT OF STATE
 
                                   Administration of Foreign Affairs
 
               110-68 Diplomatic and consular programs (emergency)                            1,708,008              1,413,700               -294,308

[[Page 9546]]

 
                      Office of Inspector General (emergency)                      .....................                12,500                +12,500
                      Educational and cultural exchange program (emergency)        .....................                10,000                +10,000
                110-3 Embassy security, construction, and maintenance (emergency)               160,000                 76,700                -83,300
                                                                                  ----------------------------------------------------------------------
                            Total, Administration of Foreign Affairs                          1,868,008              1,512,900               -355,108
 
                                      International Organizations
 
                110-3 Contributions to international organizations (emergency)                   53,000                 66,000                +13,000
                110-3 Contributions for international peacekeeping activities,                  333,600                383,600                +50,000
                       current year (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, International Organizations                                  386,600                449,600                +63,000
 
                                             RELATED AGENCY
 
                                    Broadcasting Board of Governors
 
                      International Broadcasting Operations (emergency)            .....................                 3,000                 +3,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of State                                        2,254,608              1,965,500               -289,108
 
                                     BILATERAL ECONOMIC ASSISTANCE
 
                                  Funds Appropriated to the President
 
                      International disaster assistance (emergency)                .....................               240,000               +240,000
                110-3 Operating expenses of the U.S. Agency for International                    41,000                149,500               +108,500
                       Development (emergency)
                      Operating expenses of the U.S. Agency for International      .....................                 4,000                 +4,000
                       Development Office of Inspector General (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, Funds Appropriated to the President                           41,000                393,500               +352,500
 
                                  Other Bilateral Economic Assistance
 
                110-3 Economic support fund (emergency)                                       2,009,000              1,962,500                -46,500
 
                                          Department of State
 
                      Democracy fund (emergency)                                   .....................                76,000                +76,000
        110-3, 110-68 International narcotics control and law enforcement                       734,000                520,000               -214,000
                       (emergency)
                110-3 Migration and refugee assistance (emergency)                               30,000                330,500               +300,500
                      Emergency migration and refugee assistance (emergency)       .....................                36,608                +36,608
               110-68 Nonproliferation, anti-terrorism, demining and related                      5,000                 10,000                 +5,000
                       programs (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, Department of State                                          769,000                973,108               +204,108
 
                                          Military Assistance
 
                                  Funds Appropriated to the President
 
                      Peacekeeping operations (emergency)                          .....................                10,000                +10,000
                                                                                  ----------------------------------------------------------------------
                            Total, Subchapter A                                               5,073,608              5,304,608               +231,000
                                                                                  ======================================================================
                        SUBCHAPTER B--BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR
                                                  2009
 
                                          DEPARTMENT OF STATE
 
                                   Administration of Foreign Affairs
 
              110-108 Diplomatic and consular programs (emergency)                            1,064,500                652,400               -412,100
              110-108 Office of Inspector General (emergency)                                    16,800                 57,000                +40,200
                      Embassy Security, construction and Maintenance (emergency)   .....................                41,300                +41,300
                                                                                  ----------------------------------------------------------------------
                            Total, Administration of Foreign Affairs                          1,081,300                750,700               -330,600
 
                                      International Organizations
 
              110-108 Contributions to international organizations (emergency)                   40,000                 75,000                +35,000
                      Contributions for international peacekeeping activities,     .....................               150,500               +150,500
                       current year (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, International Organizations                                   40,000                225,500               +185,500
                                                                                  ----------------------------------------------------------------------
                            Total, Department of State                                        1,121,300                976,200               -145,100
 
                                             RELATED AGENCY
 
                                    Broadcasting Board of Governors
 
                      International Broadcasting Operations (emergency)            .....................                 6,000                 +6,000
 
                                     BILATERAL ECONOMIC ASSISTANCE
 
                                  Funds Appropriated to the President
 
                      Global Health and Child Survival (emergency)                 .....................                75,000                +75,000
              110-108 Development Assistance (emergency)                                        210,000                200,000                -10,000
              110-108 International disaster assistance (emergency)                             270,000                200,000                -70,000
              110-108 Operating expenses of the U.S. Agency for International                    60,000                 93,000                +33,000
                       Development (emergency)
                      Operating expenses of the U.S. Agency for International      .....................                 1,000                 +1,000
                       Development Office of Inspector General (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, Funds Appropriated to the President                          540,000                569,000                +29,000
 
                                  Other Bilateral Economic Assistance
 
              110-108 Economic support fund (emergency)                                       1,297,800              1,132,300               -165,500
 
                                          Department of State
 
              110-108 International narcotics control and law enforcement                       225,000                151,000                -74,000
                       (emergency)
              110-108 Migration and refugee assistance (emergency)                              191,000                350,000               +159,000
                      Nonproliferation, anti-terrorism, demining and related       .....................                 4,500                 +4,500
                       programs (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, Department of State                                          416,000                505,500                +89,500
 
                                          Military Assistance
 
                                  Funds Appropriated to the President
 
              110-108 Foreign Military Financing program grants (emergency)                     170,000                145,000                -25,000
              110-108 Peacekeeping operations (emergency)                                        60,000                 85,000                +25,000
                                                                                  ----------------------------------------------------------------------
                            Total, Military Assistance                                          230,000                230,000   .....................
                                                                                  ----------------------------------------------------------------------

[[Page 9547]]

 
                            Total, Subchapter B                                               3,605,100              3,419,000               -186,100
                                                                                  ======================================================================
                                              SUBCHAPTER C
 
                                           GENERAL PROVISIONS
 
                      Sec. 1410(a) Contribution to World Food Program              .....................                20,000                +20,000
                          (Rescission)                                             .....................               -20,000                -20,000
                      Sec. 1410(b) Sudan                                           .....................                10,000                +10,000
                          (Rescission)                                             .....................               -10,000                -10,000
                      Sec. 1410(c) Mexico IRRF (rescission of emergency            .....................               -50,000                -50,000
                       appropriations)
                      Sec. 1410(d) Horn of Africa (emergency)                      .....................                40,000                +40,000
                          Rescission of emergency appropriations                   .....................               -40,000                -40,000
                      Sec. 1412 Food Security and Cyclone relief                   .....................               225,000               +225,000
                          (Rescission)                                             .....................              -225,000               -225,000
                      Sec. 1414 Jordan                                             .....................               300,000               +300,000
                          (Rescission)                                             .....................              -300,000               -300,000
                                                                                  ----------------------------------------------------------------------
                            Total, General Provisions                              .....................               -50,000                -50,000
                                                                                  ----------------------------------------------------------------------
                            Total, Subchapter C                                    .....................               -50,000                -50,000
                                Appropriations                                     .....................              (555,000)             (+555,000)
                                Emergency appropriations, fiscal year 2008         .....................               (40,000)              (+40,000)
                                Rescissions                                        .....................             (-555,000)             (-555,000)
                                Rescission of emergency appropriations             .....................              (-90,000)              (-90,000)
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 4                                                  8,678,708              8,673,608                 -5,100
                                Appropriations                                     .....................              (555,000)             (+555,000)
                                Emergency appropriations, fiscal year 2008                   (5,073,608)            (5,344,608)             (+271,000)
                                Advance appropriation, fiscal year 2009                      (3,605,100)            (3,419,000)             (-186,100)
                                 (emergency)
                                Rescissions                                        .....................             (-555,000)             (-555,000)
                                Rescission of emergency appropriations             .....................              (-90,000)              (-90,000)
                                                                                  ======================================================================
                            Total, Title I                                                   12,048,005             14,231,264             +2,183,259
                                Appropriations                                     .....................              (555,000)             (+555,000)
                                Emergency appropriations, fiscal year 2008                   (8,008,843)           (10,424,664)           (+2,415,821)
                                Advance appropriation, fiscal year 2009                      (4,039,162)            (3,896,600)             (-142,562)
                                 (emergency)
                                Rescissions                                        .....................             (-555,000)             (-555,000)
                                Rescission of emergency appropriations             .....................              (-90,000)              (-90,000)
                                                                                  ======================================================================
 
                                                TITLE II
 
                                            DOMESTIC MATTERS
 
                                               CHAPTER 1
 
                                DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                                      Food and Drug Administration
 
                      Salaries and expenses (emergency)                            .....................               265,000               +265,000
                      Buildings and facilities (emergency)                         .....................                10,000                +10,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 1                                       .....................               275,000               +275,000
                                                                                  ======================================================================
                                               Chapter 2
 
                                         DEPARTMENT OF COMMERCE
 
                                          Bureau of the Census
 
                      Periodic Censuses and programs (emergency)                   .....................               210,000               +210,000
 
                                         DEPARTMENT OF JUSTICE
 
                                     United States Marshals Service
 
                      Salaries and expenses (emergency)                            .....................                50,000                +50,000
 
                                         Federal Prison System
 
                      Salaries and expenses (emergency)                            .....................               178,000               +178,000
 
                                       Office of Justice Programs
 
                      State and Local Law Enforcement Assistance (emergency)       .....................               590,000               +590,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of Justice                           .....................               818,000               +818,000
 
                                                SCIENCE
 
                             National Aeronautics and Space Administration
 
                      Return to Flight (emergency)                                 .....................               200,000               +200,000
 
                                      National Science Foundation
 
                      Research and related agencies (emergency)                    .....................               150,000               +150,000
                      Education and human resources (emergency)                    .....................                50,000                +50,000
                                                                                  ----------------------------------------------------------------------
                            Total, National Science Foundation                     .....................               200,000               +200,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 2                                       .....................             1,428,000             +1,428,000
                                                                                  ======================================================================
                                               Chapter 3
 
                                          DEPARTMENT OF ENERGY
 
                                            Energy Programs
 
                      Non-defense environmental clean up (emergency)               .....................                 5,000                 +5,000
                      Uranium enrichment decontamination and decommissioning fund  .....................                52,000                +52,000
                       (emergency)
                      Science (emergency)                                          .....................               100,000               +100,000
                                                                                  ----------------------------------------------------------------------
                            Total, Energy Programs                                 .....................               157,000               +157,000
 
                                   Atomic Energy Defenses Activities
 
                      Defenses environmental cleanup (emergency)                   .....................               243,000               +243,000
                                                                                  ----------------------------------------------------------------------

[[Page 9548]]

 
                            Total, Chapter 3                                       .....................               400,000               +400,000
                                                                                  ======================================================================
                                               Chapter 4
 
                                           General Provision
 
                      Sec. 2401 Small Business Administration (emergency)          .....................                   600                   +600
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 4                                       .....................                   600                   +600
                                                                                  ======================================================================
                                               Chapter 5
 
                                       DEPARTMENT OF THE INTERIOR
 
                                           General Provisions
 
                      Secure Rural Schools (emergency)                             .....................               400,000               +400,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 5                                       .....................               400,000               +400,000
                                                                                  ======================================================================
                                               Chapter 6
 
                                          DEPARTMENT OF LABOR
 
                                 Employment and Training Administration
 
                      State Unemployment Insurances and Employment Service         .....................               110,000               +110,000
                       Operations (emergency)
 
                                DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                               Centers for Disease Control and Prevention
 
                      Disease control, research and training (emergency)           .....................                26,000                +26,000
 
                                     National Institutes of Health
 
                      Office of the Director (emergency)                           .....................               400,000               +400,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of Health and Human Services         .....................               426,000               +426,000
 
                                           General Provisions
 
                      Sec. 2601 LIHEAP (emergency)                                 .....................             1,000,000             +1,000,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 6                                       .....................             1,536,000             +1,536,000
                                                                                  ======================================================================
                                               Chapter 7
 
                                  American Battle Monuments Commission
 
                      Foreign currency fluctuation account (emergency)             .....................                10,000                +10,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 7                                       .....................                10,000                +10,000
                                                                                  ======================================================================
                            Total, Title II                                        .....................             4,049,600             +4,049,600
                                                                                  ======================================================================
                                               TITLE III
 
                        HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS
 
                                               Chapter 1
 
                                        DEPARMENT OF AGRICULTURE
 
                                          Farm Service Agency
 
                      Emergency Conservation Program (emergency)                   .....................                49,413                +49,413
 
                                 Natural resources Conservation Service
 
                      Emergency Watershed Protection Program (emergency)           .....................               130,464               +130,464
 
                                           General Provisions
 
                      Sec. 3101 RUS/Rural Electric and Telecommunication Loans     .....................                 1,000                 +1,000
                       (emergency)
                          (Rescission of emergency appropriations)                 .....................                -1,000                 -1,000
                                                                                  ----------------------------------------------------------------------
                            Total, General Provisions                              .....................  .....................  .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 1                                       .....................               179,877               +179,877
                                Emergency appropriations, fiscal year 2008         .....................              (180,877)             (+180,877)
                                Rescission of emergency appropriations             .....................               (-1,000)               (-1,000)
                                                                                  ======================================================================
                                               Chapter 2
 
                                         DEPARTMENT OF COMMERCE
 
                                  Economic Development Administration
 
                      Economic Development Assistance Programs (emergency)         .....................                75,000                +75,000
 
                            National Oceanic and Atmospheric Administration
 
                      Operations, research and facilities (emergency)              .....................                75,000                +75,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of Commerce                          .....................               150,000               +150,000
 
                                         DEPARTMENT OF JUSTICE
 
                                       Office of Justice Programs
 
                      State and Local Law Enforcement Assistance (emergency)       .....................                75,000                +75,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 2                                       .....................               225,000               +225,000
                                                                                  ======================================================================
                                               Chapter 3
 
                                      DEPARTMENT OF DEFENSE--CIVIL
 
                                         DEPARTMENT OF THE ARMY
 
                                           Corps of Engineers
 
                      Construction, General (emergency)                            .....................                66,600                +66,600

[[Page 9549]]

 
               110-84     Advance appropriation, fiscal year 2009 (emergency)                 2,835,000              4,966,745             +2,131,745
                      Mississippi river and tributaries (emergency)                .....................                17,700                +17,700
                      Operations and Maintenance (emergency)                       .....................               338,800               +338,800
                      Flood Control and Coastal Emergencies (emergency)            .....................                94,400                +94,400
               110-84     Advance appropriation, fiscal year 2009 (emergency)                 2,926,000              3,274,000               +348,000
                      General expenses (emergency)                                 .....................                 1,500                 +1,500
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 3                                                  5,761,000              8,759,745             +2,998,745
                                Emergency appropriations, fiscal year 2008         .....................              (519,000)             (+519,000)
                                Advance appropriation, fiscal year 2009                      (5,761,000)            (8,240,745)           (+2,479,745)
                                 (emergency)
                                                                                  ======================================================================
                                               Chapter 6
 
                                       DEPARTMENT OF THE INTERIOR
 
                                       Bureau of Land Management
 
                      Wildland fire management (emergency)                         .....................               125,000               +125,000
 
                                         National Park Service
 
                      Historic Preservation fund (emergency)                       .....................                15,000                +15,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of the Interior                      .....................               140,000               +140,000
 
                                    ENVIRONMENTAL PROTECTION AGENCY
 
                      State and tribal assistance grants (emergency)               .....................                 5,000                 +5,000
 
                                        DEPARMENT OF AGRICULTURE
 
                                             Forest Service
 
                      Wildland fire management (emergency)                         .....................               325,000               +325,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 6                                       .....................               470,000               +470,000
                                                                                  ======================================================================
                                               Chapter 7
 
                                DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                               Centers for Medicare and Medicaid Services
 
                      Centers for Medicare and Medicaid Services (emergency)       .....................               350,000               +350,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 7                                       .....................               350,000               +350,000
                                                                                  ======================================================================
                                               Chapter 8
 
                                         DEPARTMENT OF DEFENSE
 
                      Military Construction Army National Guard (emergency)        .....................                11,503                +11,503
                          (Rescission of emergency appropriations)                 .....................                -7,000                 -7,000
                                                                                  ----------------------------------------------------------------------
                            Total, Military Construction                           .....................                 4,503                 +4,503
 
                                           General Provision
 
                      Sec. 3801 Family Housing, Navy (emergency)                   .....................                10,500                +10,500
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 8                                       .....................                15,003                +15,003
                                Emergency appropriations                           .....................               (22,003)              (+22,003)
                                Rescission of emergency appropriations             .....................               (-7,000)               (-7,000)
                                                                                  ======================================================================
                                               Chapter 9
 
                                      DEPARTMENT OF TRANSPORTATION
 
                                          Federal-aid Highways
 
                      Emergency Highway Relief Program (emergency)                 .....................               451,126               +451,126
 
                              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
                      Permanent Supportive Housing (emergency)                     .....................                73,000                +73,000
                      Housing transition assistance (emergency)                    .....................                 3,000                 +3,000
                      Project-based rental assistance (emergency)                  .....................                20,000                +20,000
                      Communuity Development Block Fund (emergency)                .....................                50,000                +50,000
                      Louisiana Road Home (rescission of emergency funds)          .....................              -200,000               -200,000
                                                                                  ----------------------------------------------------------------------
                            Total, Department of Housing and Urban Development     .....................               -54,000                -54,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 9                                       .....................               397,126               +397,126
                                Emergency appropriations, fiscal year 2008         .....................              (597,126)             (+597,126)
                                Rescissions of emergency funding                   .....................             (-200,000)             (-200,000)
                                                                                  ======================================================================
                            Total, Title III                                                  5,761,000             10,396,751             +4,635,751
                                Emergency appropriations, fiscal year 2008         .....................            (2,364,006)           (+2,364,006)
                                Advance appropriation, fiscal year 2009                      (5,761,000)            (8,240,745)           (+2,479,745)
                                 (emergency)
                                Rescission of emergency appropriations             .....................             (-208,000)             (-208,000)
                                                                                  ======================================================================
                                                TITLE IV
 
                                    VETERANS EDUCATIONAL ASSISTANCE
 
                                     DEPARTMENT OF VETERANS AFFAIRS
 
                                    Veterans Benefits Administration
 
                      Readjustment benefits (emergency)                            .....................                40,000                +40,000
                          Advance appropriation, fiscal year 2009 (emergency)      .....................               677,000               +677,000
                                                                                  ======================================================================
                            Total, Title IV                                        .....................               717,000               +717,000
                                Emergency appropriations, fiscal year 2008         .....................               (40,000)              (+40,000)
                                Advance appropriation, fiscal year 2009            .....................              (677,000)             (+677,000)
                                 (emergency)
                                                                                  ======================================================================

[[Page 9550]]

 
                                                TITLE V
 
                                  EMERGENCY UNEMPLOYMENT COMPENSATION
 
                                          DEPARTMENT OF LABOR
 
                      Emergency unemployment compensation (emergency)              .....................             6,170,000             +6,170,000
                          Advance appropriation, fiscal year 2009 (emergency)      .....................             9,440,000             +9,440,000
                                                                                  ======================================================================
                            Total, Title V                                         .....................            15,610,000            +15,610,000
                                Emergency appropriations, fiscal year 2008         .....................            (6,170,000)           (+6,170,000)
                                Advance appropriation, fiscal year 2009            .....................            (9,440,000)           (+9,440,000)
                                 (emergency)
                                                                                  ======================================================================
                                                TITLE VI
 
                                          OTHER HEALTH MATTERS
 
                                DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                      Medicaid, Medicare and SCHIP provisions (emergency)          .....................               530,000               +530,000
                          Advance appropriation, fiscal year 2009 (emergency)      .....................             1,225,000             +1,225,000
                                                                                  ======================================================================
                            Total, Title VI                                        .....................             1,755,000             +1,755,000
                                Emergency appropriations, fiscal year 2008         .....................              (530,000)             (+530,000)
                                Advance appropriation, fiscal year 2009            .....................            (1,225,000)           (+1,225,000)
                                 (emergency)
                                                                                  ======================================================================
                                                TITLE XI
 
                                            DEFENSE MATTERS
 
                                               CHAPTER 1
 
                                DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR
 
                                            FISCAL YEAR 2008
 
                                    DEPARTMENT OF DEFENSE--MILITARY
 
                                           Military Personnel
 
        110-3, 110-68 Military Personnel, Army (emergency)                                   11,535,055             12,216,715               +681,660
        110-3, 110-68 Military Personnel, Navy (emergency)                                      696,053                894,185               +198,132
        110-3, 110-68 Military Personnel, Marine Corps (emergency)                            1,733,971              1,826,688                +92,717
        110-3, 110-68 Military Personnel, Air Force (emergency)                               1,277,853              1,355,544                +77,691
        110-3, 110-68 Reserve Personnel, Army (emergency)                                       299,200                304,200                 +5,000
                110-3 Reserve Personnel, Navy (emergency)                                        70,000                 72,800                 +2,800
                110-3 Reserve Personnel, Marine Corps (emergency)                                15,420                 16,720                 +1,300
                110-3 Reserve Personnel, Air Force (emergency)                                    3,000                  5,000                 +2,000
        110-3, 110-68 National Guard Personnel, Army (emergency)                              1,136,747              1,369,747               +233,000
                      National Guard Personnel, Air Force (emergency)              .....................                 4,000                 +4,000
                                                                                  ----------------------------------------------------------------------
                            Total, Military Personnel                                        16,767,299             18,065,599             +1,298,300
 
                                       Operation and Maintenance
 
110-3 ,110-54, 110-68 Operation & Maintenance, Army (emergency)                              18,712,468             17,223,512             -1,488,956
110-3, 110-54, 110-68 Operation & Maintenance, Navy (emergency)                               2,498,765              2,977,864               +479,099
                          (Transfer out) (emergency)                                          (-115,400)             (-112,607)               (+2,793)
110-3, 110-54, 110-68 Operation & Maintenance, Marine Corps (emergency)                         306,050                159,900               -146,150
110-3, 110-54, 110-68 Operation & Maintenance, Air Force (emergency)                          5,924,865              5,972,520                +47,655
110-3, 110-54, 110-68 Operation & Maintenance, Defense-Wide (emergency)                       3,152,933              3,657,562               +504,629
        110-3, 110-68 Operation & Maintenance, Army Reserve (emergency)                         118,958                164,839                +45,881
        110-3, 110-68 Operation & Maintenance, Navy Reserve (emergency)                          41,750                109,876                +68,126
        110-3, 110-68 Operation & Maintenance, Marine Corps Reserve (emergency)                  22,040                 70,256                +48,216
        110-3, 110-68 Operation & Maintenance, Air Force Reserve (emergency)                     12,133                165,994               +153,861
        110-3, 110-68 Operation & Maintenance, Army National Guard (emergency)                  430,008                685,644               +255,636
        110-3, 110-68 Operation & Maintenance, Air National Guard (emergency)                    51,633                287,369               +235,736
                                                                                  ----------------------------------------------------------------------
                            Subtotal, Operation and Maintenance                              31,271,603             31,475,336               +203,733
 
        110-3, 110-68 Iraq Freedom Fund (emergency)                                             207,500                 50,000               -157,500
               110-68 Afghanistan Security Forces Fund (emergency)                            1,350,000              1,400,000                +50,000
        110-3, 110-68 Iraq Security Forces Fund (emergency)                                   1,500,000              1,500,000   .....................
                                                                                  ----------------------------------------------------------------------
                            Subtotal, Other                                                   3,057,500              2,950,000               -107,500
                                                                                  ----------------------------------------------------------------------
                            Total, Operation and Maintenance                                 34,329,103             34,425,336                +96,233
 
                                              Procurement
 
        110-3, 110-68 Aircraft Procurement, Army (emergency)                                  1,181,864                954,111               -227,753
        110-3, 110-68 Missile Procurement, Army (emergency)                                     641,764                561,656                -80,108
        110-3, 110-68 Procurement of Weapons and Tracked Combat Vehicles, Army                5,860,252              5,463,471               -396,781
                       (emergency)
        110-3, 110-68 Procurement of Ammunition, Army (emergency)                               359,600                344,900                -14,700
110-3, 110-54, 110-68 Other Procurement, Army (emergency)                                    21,103,261             16,337,340             -4,765,921
        110-3, 110-68 Aircraft Procurement, Navy (emergency)                                  3,859,958              3,563,254               -296,704
        110-3, 110-68 Weapons Procurement, Navy (emergency)                                     318,281                317,456                   -825
        110-3, 110-68 Procurement of Ammunition, Navy and Marine Corps                          304,945                304,945   .....................
                       (emergency)
110-3, 110-54, 110-68 Other Procurement, Navy (emergency)                                     1,515,116              1,399,135               -115,981
110-3, 110-54, 110-68 Procurement, Marine Corps (emergency)                                   2,444,490              2,197,390               -247,100
        110-3, 110-68 Aircraft Procurement, Air Force (emergency)                             3,894,839              7,103,923             +3,209,084
                110-3 Missile Procurement, Air Force (emergency)                                  1,800                 66,943                +65,143
        110-3, 110-68 Procurement of Ammunition, Air Force (emergency)                          104,405                205,455               +101,050
110-3, 110-54, 110-68 Other Procurement, Air Force (emergency)                                2,405,034              1,953,167               -451,867
110-3, 110-54, 110-68 Procurement, Defense-Wide (emergency)                                     266,237                408,209               +141,972
                      National Guard and Reserve Equipment (emergency)             .....................               825,000               +825,000
               110-68 Rapid Acquisition Fund                                                    150,000   .....................              -150,000
                                                                                  ----------------------------------------------------------------------
                            Total, Procurement                                               44,411,846             42,006,355             -2,405,491
 
                               Research, Development, Test and Evaluation
 
110-3, 110-54, 110-68 Research, Development, Test & Evaluation, Army (emergency)                163,299                162,958                   -341
110-3, 110-54, 110-68 Research, Development, Test & Evaluation, Navy (emergency)                610,567                366,110               -244,457
        110-3, 110-68 Research, Development, Test & Evaluation, Air Force                     1,487,493                399,817             -1,087,676
                       (emergency)
        110-3, 110-68 Research, Development, Test and Evaluation, Defense-Wide                  684,389                816,598               +132,209
                       (emergency)
                                                                                  ----------------------------------------------------------------------

[[Page 9551]]

 
                            Total, Research, Development, Test and Evaluation                 2,945,748              1,745,483             -1,200,265
 
                                     Revolving and Management Funds
 
        110-3, 110-68 Defense Working Capital Funds (emergency)                                 957,675              1,837,450               +879,775
                110-3 National Defense Sealift Fund (emergency)                                   5,110                  5,110   .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Revolving and Management Funds                               962,785              1,842,560               +879,775
 
                                  Other Department of Defense Programs
 
        110-3, 110-68 Defense Health Program (emergency)                                        561,741              1,413,864               +852,123
        110-3, 110-68     Operation and maintenance (emergency)                                (561,741)              (957,064)             (+395,323)
                          Procurement (emergency)                                  .....................               (91,900)              (+91,900)
                          Research Development and Testing (emergency)             .....................              (364,900)             (+364,900)
                      Psychological health and traumatic brain injury (emergency)  .....................                75,000                +75,000
                110-3 Drug Interdiction and Counter-Drug Activities, Defense                     65,017                 65,317                   +300
                       (emergency)
                110-3 Office of the Inspector General (emergency)                                 4,394                  6,394                 +2,000
                                                                                  ----------------------------------------------------------------------
                            Total, Other Department of Defense Programs                         631,152              1,560,575               +929,423
 
                                           General Provisions
 
                      Sec. 11103 Additional transfer authority (emergency)         .....................            (2,500,000)           (+2,500,000)
                110-3 Sec. 11105 Defense Cooperation Account (transfer authority)                 6,500                  6,500   .....................
                       (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, General Provisions                                             6,500                  6,500   .....................
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 1                                                100,054,433             99,652,408               -402,025
                                (Emergency appropriations)                                 (100,054,433)           (99,652,408)             (-402,025)
                                (Rescission of emergency appropriations)           .....................  .....................  .....................
                                (Additional transfer authority, emergency)         .....................            (2,500,000)           (+2,500,000)
                                                                                  ======================================================================
                                               Chapter 2
 
                        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009
 
                                    DEPARTMENT OF DEFENSE--MILITARY
 
                                           Military Personnel
 
              110-108 Military Personnel, Army (emergency)                                    3,500,000                839,000             -2,661,000
              110-108 Military Personnel, Navy (emergency)                                       95,000                 75,000                -20,000
              110-108 Military Personnel, Marine Corps (emergency)                               85,000                 55,000                -30,000
              110-108 Military Personnel, Air Force (emergency)                                 105,000                 75,000                -30,000
              110-108 National Guard Personnel, Army (emergency)                                 20,000                150,000               +130,000
                                                                                  ----------------------------------------------------------------------
                            Total, Military Personnel                                         3,805,000              1,194,000             -2,611,000
 
                                       Operation and Maintenance
 
              110-108 Operation & Maintenance, Army (emergency)                              35,560,055             37,300,000             +1,739,945
              110-108 Operation & Maintenance, Navy (emergency)                                 238,437              3,500,000             +3,261,563
              110-108     (Transfer out) (emergency)                                          (-200,000)             (-112,000)              (+88,000)
              110-108 Operation & Maintenance, Marine Corps (emergency)                       2,200,000              2,900,000               +700,000
              110-108 Operation & Maintenance, Air Force (emergency)                          3,644,078              5,000,000             +1,355,922
              110-108 Operation & Maintenance, Defense-Wide (emergency)                       3,193,494              2,648,569               -544,925
                      Operation & Maintenance, Army Reserve (emergency)            .....................                79,291                +79,291
                      Operation & Maintenance, Navy Reserve (emergency)            .....................                42,490                +42,490
              110-108 Operation & Maintenance, Marine Corps Reserve (emergency)                  34,000                 47,076                +13,076
                      Operation & Maintenance, Air Force Reserve (emergency)       .....................                12,376                +12,376
                      Operation & Maintenance, Army National Guard (emergency)     .....................               333,540               +333,540
                      Operation & Maintenance, Air National Guard (emergency)      .....................                52,667                +52,667
                                                                                  ----------------------------------------------------------------------
                            Subtotal, Operation and Maintenance                              44,870,064             51,916,009             +7,045,945
 
              110-108 Afghanistan Security Forces Fund (emergency)                            3,666,259              2,000,000             -1,666,259
              110-108 Iraq Security Forces Fund (emergency)                                   2,000,000              1,000,000             -1,000,000
                                                                                  ----------------------------------------------------------------------
                            Total, Operation and Maintenance                                 50,536,323             54,916,009             +4,379,686
 
                                              Procurement
 
                      Aircraft Procurement, Army (emergency)                       .....................                84,000                +84,000
                      Procurement of Weapons and Tracked Combat Vehicles, Army     .....................               822,674               +822,674
                       (emergency)
                      Procurement of Ammunition, Army (emergency)                  .....................                46,500                +46,500
              110-108 Other Procurement, Army (emergency)                                        80,536              1,009,050               +928,514
                      Other Procurement, Navy (emergency)                          .....................                27,948                +27,948
                      Procurement, Marine Corps (emergency)                        .....................               565,425               +565,425
              110-108 Aircraft Procurement, Air Force (emergency)                             1,209,300                201,842             -1,007,458
              110-108 Other Procurement, Air Force (emergency)                                1,467,475              1,500,644                +33,169
              110-108 Procurement, Defense-Wide (emergency)                                      72,733                177,237               +104,504
              110-108 Rapid Acquisition fund (emergency)                                        100,000   .....................              -100,000
                                                                                  ----------------------------------------------------------------------
                            Total, Procurement                                                2,930,044              4,435,320             +1,505,276
 
                               Research, Development, Test and Evaluation
 
              110-108 Research, Development, Test & Evaluation, Navy (emergency)                113,228                113,228   .....................
              110-108 Research, Development, Test & Evaluation, Air Force                        71,741                 72,041                   +300
                       (emergency)
              110-108 Research, Development, Test and Evaluation, Defense-Wide                  194,156                202,559                 +8,403
                       (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, Research, Development, Test and Evaluation                   379,125                387,828                 +8,703
 
                                     Revolving and Management Funds
 
              110-108 Defense Working Capital Funds (emergency)                               2,200,000   .....................            -2,200,000
 
                                  Other Department of Defense Programs
 
              110-108 Defense Health Program (emergency)                                        400,000              1,100,000               +700,000
              110-108 Drug Interdiction and Counter-Drug Activities, Defense                    130,000                188,000                +58,000
                       (emergency)
              110-108 Joint Improvised Explosive Device Defeat fund (emergency)               2,970,444              2,000,000               -970,444
                                                                                  ----------------------------------------------------------------------
                            Total, Other Department of Defenses Programs                      3,500,444              3,288,000               -212,444
 
                                           General Provisions
 
              110-108 Sec. 11203 Transfer authority                                          (4,000,000)            (4,000,000)  .....................

[[Page 9552]]

 
              110-108 Sec. 11208 Mine Resistant Ambush Protected Vehicle fund                 2,610,000              1,700,000               -910,000
                       (emergency)
                                                                                  ----------------------------------------------------------------------
                            Total, General Provisions                                         2,610,000              1,700,000               -910,000
                                                                                  ----------------------------------------------------------------------
                            Total, Chapter 2                                                 65,960,936             65,921,157                -39,779
                                                                                  ======================================================================
                                               Chapter 3
 
                                           General Provision
 
                      Sec. 11308 rescission of emergency appropriations            .....................              -146,531               -146,531
                                                                                  ======================================================================
                            Total, Title XI                                                 166,015,369            165,427,034               -588,335
                                Emergency appropriations, fiscal year 2008                 (100,054,433)           (99,652,408)             (-402,025)
                                Advance appropriation, fiscal year 2009                     (65,960,936)           (65,921,157)              (-39,779)
                                 (emergency)
                                Rescission of emergency appropriations             .....................             (-146,531)             (-146,531)
                                (Additional transfer authority, emergency)         .....................            (2,500,000)           (+2,500,000)
                                                                                  ======================================================================
                            Grand total                                                     183,824,374            212,186,649            +28,362,275
                                Appropriations, fiscal year 2008                   .....................              (555,000)             (+555,000)
                                Emergency appropriations, fiscal year 2008                 (108,063,276)          (123,230,678)          (+15,167,402)
                                Advance appropriation, fiscal year 2009                     (75,761,098)           (89,400,502)          (+13,639,404)
                                 (emergency)
                                Rescissions                                        .....................             (-555,000)             (-555,000)
                                Rescission of emergency appropriations             .....................             (-444,531)             (-444,531)
                                (Additional transfer authority, emergency)         .....................            (2,500,000)           (+2,500,000)
                                (Transfer out)                                     .....................  .....................  .....................
                                (Transfer out) (emergency)                                    (-115,400)             (-112,607)               (+2,793)
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